NR 661.0004(1)(w)2.a.a. The hazardous secondary material is contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste. NR 661.0004(1)(w)2.d.d. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(w)2.e.e. Persons performing the recycling of hazardous secondary material under this exclusion shall maintain documentation of their legitimacy determination on-site. Documentation shall be a written description of how the recycling meets all 3 factors specified in s. NR 660.43 (1) and how the factor in s. NR 660.43 (2) was considered. Documentation shall be maintained for 3 years after the recycling operation has ceased. NR 661.0004(1)(x)(x) Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that all of the following are met: NR 661.0004(1)(x)2.2. The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in s. NR 660.10 (122), and is packaged according to applicable DOT regulations under 49 CFR parts 173, 178, and 179, and Wisconsin department of transportation regulations at ch. Trans 326 while in transport. NR 661.0004(1)(x)3.3. The material is not otherwise subject to material-specific management conditions under sub. (1) when reclaimed, and it is not a spent lead-acid battery under ss. NR 666.080 and 673.02. NR 661.0004(1)(x)5.5. The hazardous secondary material generator satisfies all of the following conditions: NR 661.0004(1)(x)5.a.a. The material shall be contained, as defined in s. NR 660.10 (13m). A hazardous secondary material released to the environment is considered discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is considered discarded and a solid waste. NR 661.0004(1)(x)5.b.b. Prior to arranging for transport of hazardous secondary material to a reclamation facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards, the hazardous secondary material generator shall make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator shall perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts shall be repeated at a minimum of every 3 years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary material to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, or provided by a third party. The hazardous secondary material generator shall affirmatively answer all of the following questions for each reclamation facility and any intermediate facility: 1) Does the available information indicate that the reclamation process is legitimate pursuant to s. NR 660.43? In answering this question, the hazardous secondary material generator may rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources, such as the reclamation facility and audit reports, about the reclamation process. 2) Does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary material reclamation activities pursuant to s. NR 660.42 and have they notified the appropriate authorities that the financial assurance condition is satisfied per subd. 6. f.? In answering these questions, the hazardous secondary material generator may rely on the available information documenting the reclamation facility’s and any intermediate facility’s compliance with the notification requirements per s. NR 660.42, including the requirement specified in s. NR 660.42 (1) (e) to notify the department whether the reclaimer or intermediate facility has financial assurance. 3) Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has not been classified as a significant noncomplier with RCRA Subtitle C? In answering this question, the hazardous secondary material generator may rely on the publicly available information from EPA or the department. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous 3 years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary material properly? In answering this question, the hazardous secondary material generator may obtain additional information from EPA, the department, or the facility itself that the facility has addressed the violations, the facility has taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary material.
4) Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator’s hazardous secondary material.
5) If residuals are generated from the reclamation of the excluded hazardous secondary material, does the reclamation facility have the licenses required, if any, to manage the residuals? If not, does the reclamation facility have a contract with an appropriately licensed facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the department, or information provided by the facility itself.
NR 661.0004(1)(x)5.c.c. The hazardous secondary material generator shall maintain for a minimum of 3 years documentation and certification that reasonable efforts were made to meet the requirements under this paragraph for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary material is not addressed under a RCRA part B permit or interim status standards prior to transferring hazardous secondary material. Documentation and certification shall be made available upon request by the department within 72 hours, or within a longer period of time as specified by the department. The certification statement shall contain all of the following: 1) The printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.
2) The following language: “I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary material to [insert name of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with s. NR 661.0004 (1) (x) 5. b. to ensure that the hazardous secondary material would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information.” NR 661.0004(1)(x)5.d.d. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, records of all off-site shipments of hazardous secondary material. For each shipment, those records shall, at a minimum, contain all of the following information: 1) The name of the transporter and date of the shipment.
2) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
3) The type and quantity of hazardous secondary material in the shipment.
NR 661.0004(1)(x)5.e.e. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt. NR 661.0004(1)(x)5.f.f. The hazardous secondary material generator complies with the emergency preparedness and response conditions in subch. M. NR 661.0004(1)(x)6.6. Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in s. NR 660.10 (65m) shall satisfy all of the following conditions: