NR 660.10(37)(37) “Existing hazardous waste management (HWM) facility” or “existing facility” means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if par. (a) and either par. (b) 1. or 2. are met:

NR 660.10(37)(b)2.2. The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.

NR 660.10(38)(38) “Existing portion” means the land surface area of an existing waste management unit, included in the original Part A of the license application, on which wastes have been placed prior to the issuance of a license.

NR 660.10(39)(39) “Existing tank system” or “existing component” means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to March 1, 1991. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals or licenses necessary to begin physical construction of the site or installation of the tank system and if either 1) a continuous on-site physical construction or installation program has begun or 2) the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.

NR 660.10(40)(40) “Explosives or munitions emergency” means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate or eliminate the threat.

NR 660.10(41)(41) “Explosives or munitions emergency response” means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at hazardous waste management facilities.

NR 660.10(42)(42) “Explosives or munitions emergency response specialist” means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures or destruction techniques. Explosives or munitions emergency response specialists include department of defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU) and DOD-certified civilian or contractor personnel; and other federal, state or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

NR 660.10(43)(43) “Facility” means:

NR 660.10(43)(a)(a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary material prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).

NR 660.10(43)(b)(b) For the purpose of implementing corrective action under s. NR 664.0101 or 667.0101, all contiguous property under the control of the owner or operator seeking a license under ch. 291, Stats., and Subtitle C of RCRA. This definition also applies to facilities implementing corrective action under s. 291.37, Stats., and 42 USC 6928(h).

NR 660.10(43)(c)(c) Notwithstanding par. (b), a remediation waste management site is not a facility that is subject to s. NR 664.0101, but is subject to corrective action requirements if the site is located within such a facility.

NR 660.10(44)(44) “Federal agency” means any department, agency or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the government printing office.

NR 660.10(45)(45) “Federal, state and local approvals or licenses necessary to begin physical construction” means licenses and approvals required under federal, state or local hazardous waste control statutes, regulations, rules or ordinances.

NR 660.10(46)(46) “Final closure” means the closure of all hazardous waste management units at the facility according to all applicable closure requirements so that hazardous waste management activities under chs. NR 664 and 665 are no longer conducted at the facility unless subject to the provisions in ss. NR 662.015 and 662.017.

NR 660.10(47)(47) “Food chain crops” means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.

NR 660.10(48)(48) “Free liquids” means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

NR 660.10(49)(49) “Freeboard” means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

NR 660.10(50)(50) “Generator” means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.

NR 660.10(50m)(50m) “Generating facility” as used in s. NR 660.10 (51t) means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator.

NR 660.10(51)(51) “Ground water” means water below the land surface in a zone of saturation.

NR 660.10(51m)(51m) “Hazardous secondary material” means a secondary material, such as spent material, by-product, or sludge, that, when discarded, would be identified as a hazardous waste, as defined in sub. (52).