NR 664.0010(1)(1) This subchapter applies to owners and operators of all hazardous waste facilities, except as provided in s. NR 664.0001 and sub. (2). NR 664.0010 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0011NR 664.0011 Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in s. NR 660.07. NR 664.0011 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0012(1)(1) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to subch. H of ch. NR 662 from a foreign source shall submit all of the following required notices: NR 664.0012(1)(a)(a) In accordance with s. NR 662.084 (2), for imports when the competent authority of the country of export does not require the foreign exporter to submit to it a notification proposing export and obtain consent from EPA and the competent authorities for the countries of transit, the owner or operator of the facility, if acting as the importer, shall provide notification of the proposed transboundary movement in English to EPA using the allowable methods listed in s. NR 662.084 (2) (a) at least 60 days before the first shipment is expected to depart the country of export. The notification may cover up to one year of shipments of wastes having similar physical and chemical characteristics, the same United Nations classification, the same hazardous waste codes and OECD waste codes, and being sent from the same foreign exporter. NR 664.0012(1)(b)(b) In accordance with s. NR 662.084 (4) (b) 15., a copy of the movement document bearing all required signatures within 3 working days of receipt of the shipment to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively; and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s Waste Import Export Tracking System (WIETS), or its successor system. The original of the signed movement document shall be maintained at the facility for at least 3 years. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility’s account on EPA’s waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by EPA or by the department. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this paragraph if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA’s waste import export tracking system, or its successor system for which the owner or operator of a facility bears no responsibility. NR 664.0012(1)(c)(c) In accordance with s. NR 662.084 (6) (d), if the facility has physical control of the waste and it will be sent to an alternate facility or returned to the country of export, the owner or operator of the facility shall inform EPA, using the allowable methods listed in s. NR 662.084 (2) (a) of the need to return or arrange alternate management of the shipment. NR 664.0012(1)(d)1.1. Send copies of the signed and dated confirmation of recovery or disposal, as soon as possible, but no later than 30 days after completing recovery or disposal on the waste in the shipment and no later than one calendar year following receipt of the waste, to the foreign exporter, to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and for shipments recycled or disposed of on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s Waste Import Export Tracking System or its successor system. NR 664.0012(1)(d)2.2. If the facility performed any of recovery operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17, promptly send copies of the confirmation of recovery or disposal that it receives from the final recovery or disposal facility within one year of shipment delivery to the final recovery or disposal facility that performed one of recovery operations R1 through R11, or RC16, or one of disposal operations D1 through D12, or DC15 to DC16. Copies of the confirmation shall be also be sent to the competent authority of the country of export that controls the shipment as an export of hazardous waste, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA’s waste import export tracking system, or its successor system. The recovery and disposal operations in this subdivision are defined in s. NR 662.081. NR 664.0012(2)(2) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate licenses for, and will accept the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record. NR 664.0012(3)(3) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670. NR 664.0012 NoteNote: An owner’s or operator’s failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person’s obligation to comply with all applicable requirements.
NR 664.0012 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: cr. (1) (intro.), r. and recr. (1) (a), (b), cr. (c), (d) Register August 2020 No 776, eff. 9-1-20; correction in (1) (b) made under s. 35.17, Stats., Register August 2020 No. 776; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 664.0013(1)(a)(a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 664.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668. NR 664.0013(1)(a)1.1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. NR 664.0013(1)(b)(b) The analysis may include data developed under ch. NR 661, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes. NR 664.0013 NoteNote: For example, the facility’s records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section. NR 664.0013(1)(c)(c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs: NR 664.0013(1)(c)1.1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), has changed. NR 664.0013(1)(c)2.2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.