NR 664.0151 NoteNote: Form 4430-028 may be obtained from: https://dnr.wi.gov/files/PDF/forms/4400/4430-028.pdf, by E-mail: DNRWasteMaterials@wisconsin.gov, or by phone: (608) 266-2111.
NR 664.0151 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (6) (b), (11) made under s. 13.93 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17.
subch. I of ch. NR 664Subchapter I — Containers
NR 664.0170NR 664.0170Applicability. This subchapter applies to owners and operators of all hazardous waste facilities that store hazardous waste in containers, except as s. NR 664.0001 provides otherwise.
NR 664.0170 NoteNote: Under ss. NR 661.0007 and 661.0033 (3), if a hazardous waste is emptied from a container the residue remaining in the container is not regulated as hazardous waste if the container is “empty” as defined in s. NR 661.0007. In that event, management of the container is exempt from the requirements of this subchapter.
NR 664.0170 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No 776, eff. 9-1-20.
NR 664.0171NR 664.0171Condition of containers. If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this chapter.
NR 664.0171 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0172NR 664.0172Compatibility of waste with containers. The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
NR 664.0172 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0173NR 664.0173Management of containers.
NR 664.0173(1)(1)A container holding hazardous waste shall always be closed during storage, except when it is necessary to add or remove waste.
NR 664.0173(2)(2)A container holding hazardous waste may not be opened, handled or stored in a manner which may rupture the container or cause it to leak.
NR 664.0173 NoteNote: Reuse of containers in transportation is governed by U.S. department of transportation regulations including those set forth in 49 CFR 173.28.
NR 664.0173 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0174NR 664.0174Inspections. At least weekly, the owner or operator shall inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. The owner or operator shall comply with ss. NR 664.0015 (3) and 664.0171 for remedial action required if deterioration or leaks are detected.
NR 664.0174 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No 776, eff. 9-1-20; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
NR 664.0175NR 664.0175Containment.
NR 664.0175(1)(1)Container storage areas shall have a containment system that is designed and operated in accordance with sub. (2), except as otherwise provided by sub. (3).
NR 664.0175(2)(2)A containment system shall be designed and operated to meet all of the following requirements:
NR 664.0175(2)(a)(a) A base shall underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed.
NR 664.0175(2)(b)(b) The base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.
NR 664.0175(2)(c)(c) The containment system shall have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.
NR 664.0175(2)(d)(d) Run-on into the containment system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in par. (c) to contain any run-on which might enter the system.
NR 664.0175(2)(e)(e) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.
NR 664.0175 NoteNote: If the collected material is a hazardous waste under ch. NR 661, it shall be managed as a hazardous waste in accordance with all applicable requirements of chs. NR 662 to 666. If the collected material is discharged through a point source to waters of the state, it is subject to the requirements of ss. 283.31 and 283.33, Stats.
NR 664.0175(3)(3)Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by sub. (2), except as provided by sub. (4), provided that either of the following conditions is met:
NR 664.0175(3)(a)(a) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation.
NR 664.0175(3)(b)(b) The containers are elevated or are otherwise protected from contact with accumulated liquid.