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 666.202(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 666.203 Standards 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. NR 666.203(1)(a)2.2. The waste military munitions are transported in accordance with the U.S. department of defense shipping controls applicable to the transport of military munitions. NR 666.203(1)(a)3.3. The waste military munitions are transported from a military owned or operated installation to a military owned or operated treatment, storage or disposal facility. NR 666.203(1)(a)4.4. The transporter of the waste provides oral notice to the department within 24 hours from the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of this paragraph that may endanger health or the environment. In addition, a written submission describing the circumstances shall be provided within 5 days from the time the transporter becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of this paragraph. NR 666.203(1)(b)(b) If any waste military munitions shipped under par. (a) are not received by the receiving facility within 45 days of the day the waste was shipped, the owner or operator of the receiving facility shall report this non-receipt to the department within 5 days.