NR 666.201(1)(1)“Active range” means a military range that is currently in service and is being regularly used for range activities.
NR 666.201(2)(2)“Chemical agent and munition” means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that the term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.
NR 666.201(3)(3)“DDESB” means the United States department of defense explosives safety board.
NR 666.201(4)(4)“Inactive range” means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
NR 666.201(5)(5)“Military” means the U.S. department of defense (DOD), U.S. armed services, U.S. coast guard, national guard, U.S. department of energy (DOE), or other parties under contract or acting as an agent for any of them, who handle military munitions.
NR 666.201(6)(6)“Military range” means designated land and water areas set aside, managed and used to conduct research on, develop, test and evaluate military munitions and explosives, other ordnance or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas and buffer zones with restricted access and exclusionary areas.
NR 666.201(7)(7)“Unexploded ordnance” or “UXO” means military munitions that have been primed, fused, armed or otherwise prepared for action, and have been fired, dropped, launched, projected or placed in such a manner as to constitute a hazard to operations, installation, personnel or material and remain unexploded either by malfunction, design or any other cause.
NR 666.201 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 666.202NR 666.202Definition of solid waste.
NR 666.202(1)(1)A military munition is not a solid waste when either of the following occurs:
NR 666.202(1)(a)(a) It is used for its intended purpose, including any of the following:
NR 666.202(1)(a)1.1. Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions).
NR 666.202(1)(a)2.2. Use in research, development, testing and evaluation of military munitions, weapons or weapon systems.
NR 666.202(1)(a)3.3. Recovery, collection and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, “use for intended purpose” does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.
NR 666.202(1)(b)(b) It is an unused munition, or component thereof, which is being repaired, reused, recycled, reclaimed, disassembled, reconfigured or otherwise subjected to materials recovery activities, unless the activities involve use constituting disposal as defined in s. NR 661.0002 (3) (a), or burning for energy recovery as defined in s. NR 661.0002 (3) (b).
NR 666.202(2)(2)An unused military munition is a solid waste when any of the following occurs:
NR 666.202(2)(a)(a) The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in sub. (1)), incinerated or treated prior to disposal.
NR 666.202(2)(b)(b) The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, incinerated or treated prior to disposal.
NR 666.202(2)(c)(c) The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes.
NR 666.202(2)(d)(d) The munition has been declared a solid waste by an authorized military official.
NR 666.202(3)(3)A used or fired military munition is a solid waste when either of the following occurs:
NR 666.202(3)(a)(a) When it is transported off range or from the site of use, where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal or treatment prior to disposal.
NR 666.202(3)(b)(b) If it is recovered, collected and then disposed of by burial, or landfilling either on or off a range.
NR 666.202(4)(4)For purposes of s. 289.01 (33), Stats., a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under ss. 291.37, 291.95 and 291.97, Stats., 42 USC 6924 (u) and (v) and 6928 (h), and subch. S of ch. NR 664, or imminent danger authorities under s. 291.85, Stats., or 42 USC 6973 (a), if the munition lands off-range and is not promptly rendered safe or retrieved. Any imminent danger threats associated with any remaining material shall be addressed. If remedial action is infeasible, the operator of the range shall maintain a record of the event for as long as any threat remains. The record shall include the type of munition and its location to the extent the location is known.
NR 666.202 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (b), (4) Register August 2020 No. 776, eff. 9-1-20.
NR 666.203NR 666.203Standards applicable to the transportation of solid waste military munitions.
NR 666.203(1)(1)Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.
NR 666.203(1)(a)(a) Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under ch. NR 661, are subject to chs. NR 660 to 670, unless all the following conditions are met:
NR 666.203(1)(a)1.1. The waste military munitions are not chemical agents or chemical munitions.