NR 661.0004(1)(h)3.3. The secondary material is never accumulated in the tanks for more than 12 months without being reclaimed. NR 661.0004(1)(h)4.4. The reclaimed material is not used to produce a fuel or used to produce products that are used in a manner constituting disposal. NR 661.0004(1)(i)1.1. Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose. NR 661.0004(1)(i)2.2. Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. NR 661.0004(1)(i)3.3. Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in subds. 1. and 2., so long as they meet all of the following conditions: NR 661.0004(1)(i)3.a.a. The wood preserving wastewaters and spent wood preserving solutions are reused on-site at waterborne plants in the production process for their original intended purpose. NR 661.0004(1)(i)3.b.b. Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both. NR 661.0004(1)(i)3.c.c. Any unit used to manage wastewaters or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases. NR 661.0004(1)(i)3.d.d. Any drip pad used to manage the wastewaters or spent wood preserving solutions prior to reuse complies with the standards in subch. W of ch. NR 665, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste. NR 661.0004(1)(i)3.e.e. Prior to operating pursuant to this exclusion, the plant owner or operator prepares a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: “I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation.” The plant shall maintain a copy of the notification in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur. NR 661.0004(1)(j)(j) EPA hazardous waste numbers K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic, TC, specified in s. NR 661.0024 when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar’s sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point the wastes are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar. NR 661.0004(1)(k)(k) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided the residue is shipped in drums, if shipped, and not land disposed before recovery. NR 661.0004(1)(L)1.1. Oil-bearing hazardous secondary material that are generated at a petroleum refinery, SIC code 2911, and are inserted into the petroleum refining process, SIC code 2911, including distillation, catalytic cracking, fractionation, or thermal cracking units, unless the material is placed on the land, or speculatively accumulated before being recycled. Materials inserted into thermal cracking units are excluded under this subdivision, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary material may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery and still be excluded under this provision. Except as provided in subd. 2., oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry are not excluded under this subdivision. Residuals generated from processing or recycling materials excluded under this subdivision, where such materials as generated would have otherwise met a listing under subch. D, are designated as F037 listed wastes when disposed or intended for disposal. NR 661.0004(1)(L)2.2. Recovered oil that is recycled in the same manner and with the same conditions as described in subd. 1. Recovered oil is oil that has been reclaimed from secondary material, including wastewater, generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident to those practices, SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172. Recovered oil does not include oil-bearing hazardous wastes listed in subch. D; however, oil recovered from such wastes may be considered recovered oil. “Recovered oil” does not include used oil as defined in s. NR 679.01. NR 661.0004(1)(m)(m) Excluded scrap metal, which is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal being recycled. NR 661.0004(1)(n)(n) Shredded circuit boards being recycled provided they are all of the following: NR 661.0004(1)(n)1.1. Stored in containers sufficient to prevent a release to the environment prior to recovery. NR 661.0004(1)(n)2.2. Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries. NR 661.0004(1)(o)(o) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with s. NR 464.06 (5). The exemption applies only to combustion at the mill generating the condensates. NR 661.0004(1)(q)(q) Spent materials as defined in s. NR 661.0001 (3) (a), other than hazardous wastes listed in subch. D, generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, if all of the following are met: NR 661.0004(1)(q)1.1. The spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values. NR 661.0004(1)(q)3.3. Except as provided in subd. 4, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building shall be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support, except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion, and have a roof suitable for diverting rainwater away from the foundation; a tank shall be free standing, not be a surface impoundment as defined in s. NR 660.10 (115), and shall be manufactured of a material suitable for containment of its contents; a container shall be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate that may be subject to wind dispersal, the owner or operator shall operate these units in a manner that controls fugitive dust. Tanks, containers, and buildings shall be designed, constructed and operated to prevent significant releases to the environment of these materials. NR 661.0004(1)(q)4.4. The department may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks containers, or buildings. Solid mineral processing spent materials may not contain any free liquid. The department shall affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads shall provide the same degree of containment as tanks, containers, and buildings that meet the design, construction, and operating requirements in subd. 3. NR 661.0004(1)(q)4.a.a. The department shall also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, and air exposure pathways are: the volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway. NR 661.0004(1)(q)4.b.b. Pads shall meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal; have run-on and runoff controls; be operated in a manner which controls fugitive dust; and have integrity assurance through inspections and maintenance programs. NR 661.0004(1)(q)4.c.c. Before making a determination under this subdivision, the department shall provide notice and the opportunity for comment to all persons potentially interested in the determination. This may be accomplished by placing notice of this action in major local newspapers or broadcasting notice over local radio stations.