NR 661.0003(4)(a) (a) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in subch. C. However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements under ch. NR 668, even if they no longer exhibit a characteristic at the point of land disposal.

NR 661.0003(4)(b) (b) In the case of a waste that is a listed waste under subch. D, contains a waste listed under subch. D, or is derived from a waste listed in subch. D, it also has been excluded from sub. (3) under ss. NR 660.20 and 660.22.

NR 661.0003(6) (6) Notwithstanding subs. (1) to (4) and provided the debris as defined in ch. NR 668 does not exhibit a characteristic identified in subch. C, none of the following materials is subject to regulation under ch. NR 660, 661 to 666, 668, or 670:

NR 661.0003(6)(a) (a) Hazardous debris as defined in ch. NR 668 that has been treated using one of the required extraction or destruction technologies specified in Table 1 of s. NR 668.45. Persons claiming this exclusion in an enforcement action have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

NR 661.0003(6)(b) (b) Debris, as defined in ch. NR 668, that the department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.

NR 661.0003(7) (7) 

NR 661.0003(7)(a) (a) A hazardous waste that is listed in subch. D solely because it exhibits one or more characteristics of ignitability as defined under s. NR 661.0021, corrosivity as defined under s. NR 661.0022, or reactivity as defined under s. NR 661.0023 is not a hazardous waste if the waste no longer exhibits any characteristic of hazardous waste identified in subch. C.

NR 661.0003(7)(b) (b) The exclusion described in par. (a) also pertains to all of the following:

NR 661.0003(7)(b)1. 1. Any mixture of a solid waste and a hazardous waste listed in subch. D solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under sub. (1) (b) 4.

NR 661.0003(7)(b)2. 2. Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in subch. D solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under sub. (3) (b) 1.

NR 661.0003(7)(c) (c) A waste excluded under this subsection is subject to ch. NR 668, as applicable, even if it no longer exhibits a characteristic at the point of land disposal.

NR 661.0003(7)(d) (d) Any mixture of a solid waste excluded from regulation under s. NR 661.0004 (2) (g) and a hazardous waste listed in subch. D solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under sub. (1) (b) 4. is not a hazardous waste if the mixture no longer exhibits any characteristic of hazardous waste identified in subch. C for which the hazardous waste listed in subch. D was listed.

NR 661.0003(8) (8) 

NR 661.0003(8)(a) (a) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of subch. N of ch. NR 666, eligible radioactive mixed waste.

NR 661.0003(8)(b) (b) The exemption described in par. (a) also pertains to all of the following:

NR 661.0003(8)(b)1. 1. Any mixture of a solid waste and an eligible radioactive mixed waste.

NR 661.0003(8)(b)2. 2. Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.

NR 661.0003(8)(c) (c) Waste exempted under this subsection shall meet the eligibility criteria and specified conditions in ss. NR 666.225 and 666.230 for storage and treatment, and in ss. NR 666.310 and 666.315 for transportation and disposal. Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

NR 661.0003 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (b) 4. (intro.), a., b., d., f., g., (5) (intro.), (3) (b) 2. b., c., (6) (b) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 661.0004 NR 661.0004 Exclusions.

NR 661.0004(1) (1) Materials that are not solid wastes. All of the following materials are not solid wastes for the purpose of this chapter:

NR 661.0004(1)(a) (a) All of the following:

NR 661.0004(1)(a)1. 1. Domestic sewage. “Domestic sewage” means untreated sanitary wastes that pass through a sewer system.

NR 661.0004(1)(a)2. 2. Any mixture of domestic sewage, as defined in subd.1., and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except as prohibited by s. NR 666.505 and Clean Water Act requirements specified in 40 CFR 403.5 (b).

NR 661.0004(1)(b) (b) Industrial wastewater discharges that are point source discharges subject to regulation under ss. 283.31 and 283.33, Stats.

NR 661.0004 Note Note: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.

NR 661.0004(1)(c) (c) Irrigation return flows.

NR 661.0004(1)(d) (d) Source material, special nuclear material, or by-product material as defined by 42 USC 2011 to 2114.

NR 661.0004 Note Note: Title 42 USC 2011 to 2114 is also known as the atomic energy act of 1954, as amended.