Section 660.10. Definitions.

  Terms not defined in this section or elsewhere in chs. NR 660 to 679 have the meanings given them in ch. 291 , Stats. When used in chs. NR 660 to 679 , the following terms have the following meanings:

(1)  "Above ground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.

(2)  "Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the department receives certification of final closure.

(3)  "Active portion" means that portion of a facility where treatment, storage or disposal operations are being or have been conducted after August 1, 2006 and which is not a closed portion.

(4)  "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank or tanks, between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.

(5)  "Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.

(6)  "Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

(7)  "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

(8)  "Boiler" means an enclosed device using controlled flame combustion and having all of the characteristics in par. (a) or the characteristic in par. (b) :

(a)

1. The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases.

2. The unit's combustion chamber and primary energy recovery sections shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery sections (such as waterwalls and superheaters) shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units.

3. While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel.

4. The unit shall export and utilize at least 75% of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps).

(b) The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in s. NR 660.32 .

(9)  "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.

(10)  "Certification" means a statement of professional opinion based upon knowledge and belief.

(11)  "Closed portion" means that portion of a facility which an owner or operator has closed according to the approved facility closure plan and all applicable closure requirements.

(12)  "Component" means either the tank or ancillary equipment of a tank system.

(13)  "Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

(14)  "Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.

(15)  "Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subch. DD of ch. NR 664 or subch. DD of ch. NR 665 .

(16)  "Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

(17)  "Corrosion expert" means a person who, by reason of the person's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be certified as being qualified by the national association of corrosion engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

(18)  "Construct" means to engage in a program of on-site construction including but not limited to the erection or building of new structures, replacement, expansion, remodeling, alteration or extension of existing structures, the acquisition and installation of initial equipment associated with the new or expanded, remodeled structures, and site clearing, grading, dredging or landfilling.

(19)  "Critical habitat" means any habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27 .

(19m)  "CWA" or "Clean Water Act" means the Federal Water Pollution Control Act, 33 USC 1251 to 1387 , and regulations adopted under that act.

(20)  "Department" means the Wisconsin department of natural resources.

(21)  "Designated facility" means a hazardous waste treatment, storage or disposal facility which 1) has received a license (or interim license) according to ch. NR 670 , 2 ) has received a permit (or interim permit) from a state authorized according to 40 CFR part 271 or 3) is regulated under s. NR 661.06 (3) (b) or subch. F of ch. NR 666 , and 4 ) that has been designated on the manifest by the generator pursuant to s. NR 662.020 . "Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste according to s. NR 664.0072 (6) or 665.0072 (6) . If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving state to accept such waste.

(22)  "Destination facility" means a facility that treats, disposes of or recycles a particular category of universal waste, except those management activities described in subs. (1) and (3) of ss. NR 673.13 and 673.33 . A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

(23)  "Dike" means an embankment or ridge of either natural or human-made materials used to prevent the movement of liquids, sludges, solids or other materials.

(24)  "Dioxins and furans (D/F)" means tetra, penta, hexa, hepta and octa-chlorinated dibenzo dioxins and furans.

(25)  "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.

(26)  "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

(27)  "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

(28)  "Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation and surface water run-on to an associated collection system at wood preserving plants.

(29)  "Elementary neutralization unit" means a device which meets all of the following conditions:

(a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in s. NR 661.22 , or they are listed in subch. D of ch. NR 661 only for this reason.

(b) Meets the definition of tank, tank system, container, transport vehicle or vessel in this section.

(30)  "Enforceable document " means a special order, variance, license or plan approval issued by the department.

(31)  "EPA" means the United States environmental protection agency.

(32)  "EPA administrator" means the administrator of the EPA or anyone designated to act for the administrator of the EPA.

(33)  "EPA hazardous waste number" means the number assigned by EPA to each hazardous waste listed in subch. D of ch. NR 661 and to each characteristic identified in subch. C of ch. NR 661 .

(34)  "EPA identification number" means the number assigned by EPA to each generator, transporter, and treatment, storage or disposal facility.

(35)  "EPA region" means the states and territories found in any one of the following 10 regions:

(36)  "Equivalent method" means any testing or analytical method approved by the department under ss. NR 660.20 and 660.21 .

(37)  "Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if par. (a) and either par. (b) 1. or 2. are met:

(a) The owner or operator has obtained the federal, state and local approvals or licenses necessary to begin physical construction.

(b)

1. A continuous on-site, physical construction program has begun.

2. The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.

(38)  "Existing portion" means that land surface area of an existing waste management unit, included in the original Part A of the license application, on which wastes have been placed prior to the issuance of a license.

(39)  "Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to March 1, 1991. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals or licenses necessary to begin physical construction of the site or installation of the tank system and if either 1) a continuous on-site physical construction or installation program has begun or 2) the owner or operator has entered into contractual obligations—which cannot be canceled or modified without substantial loss—for physical construction of the site or installation of the tank system to be completed within a reasonable time.

(40)  "Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate or eliminate the threat.

(41)  "Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions or transporting those items to another location to be rendered safe, treated or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at hazardous waste management facilities.

(42)  "Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures or destruction techniques. Explosives or munitions emergency response specialists include department of defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU) and DOD-certified civilian or contractor personnel; and other federal, state or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

(43)  "Facility" means:

(a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage or disposal operational units (e.g., one or more landfills, surface impoundments or combinations of them).

(b) For the purpose of implementing corrective action under s. NR 664.0101 , all contiguous property under the control of the owner or operator seeking a license under ch. 291 , Stats. , and 42 USC 6928 (h). This definition also applies to facilities implementing corrective action under s. 291.37 , Stats., and 42 USC 6928 (h).

(c) Notwithstanding par. (b) , a remediation waste management site is not a facility that is subject to s. NR 664.0101 , but is subject to corrective action requirements if the site is located within such a facility.

(44)  "Federal agency" means any department, agency or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the government printing office.

(45)  "Federal, state and local approvals or licenses necessary to begin physical construction" means licenses and approvals required under federal, state or local hazardous waste control statutes, regulations, rules or ordinances.

(46)  "Final closure" means the closure of all hazardous waste management units at the facility according to all applicable closure requirements so that hazardous waste management activities under chs. NR 664 and 665 are no longer conducted at the facility unless subject to the provisions in s. NR 662.034 .

(47)  "Food chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.

(48)  "Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

(49)  "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

(50)  "Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in ch. NR 661 or whose act first causes a hazardous waste to become subject to regulation.

(51)  "Ground water" means water below the land surface in a zone of saturation.

(52)  "Hazardous waste" means a hazardous waste as defined in s. NR 661.03 .

(53)  "Hazardous waste constituent" means a constituent that caused the department to list the hazardous waste in subch. D of ch. NR 661 , or a constituent listed in table 1 of s. NR 661.24 .

(54)  "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

(55)  "In operation" refers to a facility which is treating, storing or disposing of hazardous waste.

(56)  "Inactive portion" means that portion of a facility which is not operated after August 1, 2006.

(57)  "Incinerator" means any enclosed device that is one of the following:

(a) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer or carbon regeneration unit, nor is listed as an industrial furnace.

(b) Meets the definition of infrared incinerator or plasma arc incinerator.

(58)  "Incompatible waste" means a hazardous waste which is unsuitable for one of the following:

(a) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls).

(b) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(59)  "Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

(60)  "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:

(a) Cement kilns.

(b) Lime kilns.

(c) Aggregate kilns.

(d) Phosphate kilns.

(e) Coke ovens.

(f) Blast furnaces.

(g) Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters and foundry furnaces).

(h) Titanium dioxide chloride process oxidation reactors.

(i) Methane reforming furnaces.

(j) Pulping liquor recovery furnaces.

(k) Combustion devices used in the recovery of sulfur values from spent sulfuric acid.

(L) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.

(m) Such other devices as the department may, after notice and comment, add to this list on the basis of one or more of the following factors:

1. The design and use of the device primarily to accomplish recovery of material products.

2. The use of the device to burn or reduce raw materials to make a material product.

3. The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks.

4. The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product.

5. The use of the device in common industrial practice to produce a material product.

6. Other factors, as appropriate.

(61)  "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

(62)  "Inground tank" means a device meeting the definition of "tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

(63)  "Injection well" means a well into which fluids are injected.

(64)  "Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

(65)  "Installation inspector" means a person who, by reason of that person's knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.

(66)  "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

(67)  "Lamp", also referred to as "universal waste lamp", is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.

(68)  "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave or a corrective action management unit.

(69)  "Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

(70)  "Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

(70m)  "Large quantity generator" means a generator who does one or more of the following:

(a) Generates more than 1,000 kilograms (2,205 pounds) of hazardous waste in a calendar month.

(b) Generates in a calendar month more than 1 kilograms (2.2 pounds) of acute hazardous waste or more than 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(c) Accumulates at any time more than 1 kilograms (2.2 pounds) of acute hazardous waste or more than 100 kilograms (220 pounds) of any residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(71)  "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

(72)  "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system shall employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

(73)  "Liner" means a continuous layer of natural or human-made materials, beneath or on the sides of a waste pile, surface impoundment, landfill or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate.

(74)  "MACT" means maximum achievable control technology, as defined in the clean air act, 42 USC 7412 (g).

(75)  "Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.

(76)  "Manifest" has the meaning given in s. 291.01 (11) , Stats. "Manifest" also means the shipping document EPA Form 8700–22 and, if necessary, EPA form 8700-22A, originated and signed by the generator or offeror according to the instructions in the appendix to 40 CFR part 262 and the applicable requirements of chs. NR 662 to 665 .

(77)  "Manifest tracking number" means the alphanumeric identification number, a unique 3 letter suffix preceded by 9 numerical digits, which is pre-printed in Item 4 of the manifest by a registered source.

(78)  "Military munitions" means all ammunition products and components produced or used by or for the U.S. department of defense or the U.S. armed services for national defense and security, including military munitions under the control of the department of defense, the U.S. coast guard, the U.S. department of energy (DOE) and national guard personnel. The term military munitions includes: confined gaseous, liquid and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices and nuclear weapons, nuclear devices and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the atomic energy act of 1954 (42 USC parts 2011 to 2114), as amended, have been completed.

(79)  "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

(80)  "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well, containment building, corrective action management unit, unit eligible for a research, development and demonstration license under s. NR 670.065 , or staging pile.

(81)  "Movement" means that hazardous waste transported to a facility in an individual vehicle.

(82)  "New hazardous waste management facility" or "new facility" means a facility which began operation, or for which construction commenced after October 21, 1976.

(83)  "New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after March 1, 1991; except, however, for purposes of ss. NR 664.0193 (7) (b) and 665.0193 (7) (b) , a new tank system is one for which construction commences after July 14, 1986.

(84)  "On ground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

(85)  "On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access, is also considered on-site property.

(86)  "Open burning" means the combustion of any material without any of the following characteristics:

(a) Control of combustion air to maintain adequate temperature for efficient combustion.

(b) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion.

(c) Control of emission of the gaseous combustion products.

(87)  "Operator" means the person responsible for the overall operation of a facility.

(88)  "Owner" means the person who owns a facility or part of a facility.

(89)  "Partial closure" means the closure of a hazardous waste management unit according to the applicable closure requirements of chs. NR 664 and 665 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile or other hazardous waste management unit, while other units of the same facility continue to operate.

(90)  "Person" means an individual, trust, firm, joint stock company, limited liability company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body.

(91)  "Personnel" or "facility personnel" means all persons who work at or oversee the operations of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with ch. NR 664 or 665 .

(92)  "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant, other than any article that is one of the following:

(a) A new animal drug under the federal food, drug and cosmetic act (FFDCA), 21 USC 321 (v).

(b) An animal drug that has been determined by regulation of the federal secretary of health and human services to not be a new animal drug.

(c) An animal feed under the federal food, drug and cosmetic act (FFDCA), 21 USC 321 (w) that bears or contains any substances described by par. (a) or (b) .

(93)  "Pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage and that is not a containment building.

(94)  "Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

(95)  "Point source" has the meaning given in s. 283.01 (12) , Stats.

(96)  "Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "state" or "municipality" (as defined by s. 283.01 (7) , Stats.). This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.

(97)  "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications or completion of accredited university courses that enable that individual to make sound professional judgments regarding ground-water monitoring and contaminant fate and transport.

(98)  "Remediation waste" means all solid and hazardous wastes, and all media (including ground water, surface water, soils and sediments) and debris, that are managed for implementing cleanup.

(99)  "Remediation waste management site" means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under s. NR 664.0101 , but is subject to corrective action requirements if the site is located in such a facility.

(100)  "Replacement unit" means a landfill, surface impoundment or waste pile unit (1) from which all or substantially all of the waste is removed and (2) that is subsequently reused to treat, store or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, according to an approved closure plan or EPA or state approved corrective action.

(101)  "Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

(102)  "Run-off" means any rainwater, leachate or other liquid that drains over land from any part of a facility.

(103)  "Run-on" means any rainwater, leachate or other liquid that drains over land onto any part of a facility.

(104)  "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

(105)  "Sludge" means any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

(106)  "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.

(107)  "Small quantity generator" means a generator who does all of the following:

(a) Generates more than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,205 pounds) of non-acute hazardous waste in a calendar month.

(b) Accumulates no more than 6,000 kilograms (13,320 pounds) of non-acute hazardous waste at any time.

(c) Generates in a calendar month no more than 1 kilogram (2.2 pounds) of acute hazardous waste and no more than 100 kilograms (220 pounds) of residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(d) Accumulates at any time no more than 1 kilogram (2.2 pounds) of acute hazardous waste and no more than 100 kilograms (220 pounds) of residue or contaminated soil, waste or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in s. NR 661.31 , 661.32 or 661.33 (5) .

(108)  "Solid waste" means a solid waste as defined in s. NR 661.02 .

(109)  "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or both.

(110)  "Staging pile" means an accumulation of solid, non-flowing remediation waste (as defined in this section) that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles shall be designated by the department according to s. NR 664.0554 .

(111)  "State" means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

(112)  "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of or stored elsewhere.

(113)  "Subsurface fluid distribution system" means an assemblage of perforated pipes or drain tiles, or any similar conveyance, intended to place or distribute a fluid underground.

(114)  "Sump" means any pit or reservoir that meets the definition of tank and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment or disposal facilities; except that as used in the landfill, surface impoundment and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.

(115)  "Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, human-made excavation or diked area formed primarily of earthen materials (although it may be lined with human-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds and lagoons.

(116)  "Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

(117)  "Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

(118)  "TEQ" means toxicity equivalence, the international method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

(119)  "Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation and microwave discharge.

(120)  "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with s. NR 673.13 (3) (b) or 673.33 (3) (b) .

(121)  "Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

(122)  "Transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

(123)  "Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

(124)  "Transportation" means the movement of hazardous waste by air, rail, highway or water.

(125)  "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.

(126)  "Treatability study" means all of the following:

(a) A study in which a hazardous waste is subjected to a treatment process to determine any of the following:

1. Whether the waste is amenable to the treatment process.

2. What pretreatment (if any) is required.

3. The optimal process conditions needed to achieve the desired treatment.

4. The efficiency of a treatment process for a specific waste or wastes.

5. The characteristics and volumes of residuals from a particular treatment process.

(b) Also included in this definition for the purpose of the s. NR 661.04 (5) and (6) exemptions are liner compatibility, corrosion and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.

(127)  "Treatment" has the meaning given in s. 291.01 (21) , Stats. Treatment also includes recovering energy or material resources from the waste.

(128)  "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed or immobilized.

(129)  "Underground injection" or "well injection" means the placement of a fluid or any substance underground through a well.

(130)  "Underground tank" means a device meeting the definition of "tank" in this section whose entire surface area is totally below the surface of and covered by the ground.

(131)  "Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

(132)  "United States" means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.

(133)  "Universal waste" means any of the following hazardous wastes that are managed under the universal waste requirements of ch. NR 673 :

(a) Batteries as described in s. NR 673.02 .

(b) Pesticides as described in s. NR 673.03 .

(c) Thermostats as described in s. NR 673.04 .

(d) Lamps as described in s. NR 673.05 .

(134)  "Universal waste handler":

(a) Means any of the following:

1. A generator (as defined in this section) of universal waste.

2. The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste and sends universal waste to another universal waste handler, to a destination facility or to a foreign destination.

(b) Does not mean any of the following:

1. A person who treats (except under the provisions of s. NR 673.13 (1) or (3) or 673.33 (1) or (3) ), disposes of or recycles universal waste.

2. A person engaged in the off-site transportation of universal waste by air, rail, highway or water, including a universal waste transfer facility.

(135)  "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway or water.

(136)  "Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.

(137)  "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

(138)  "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities.

(139)  "Very small quantity generator" means a generator who generates no more than 100 kilograms (220 pounds) of non-acute hazardous waste or 1 kilogram of acute hazardous waste listed in ss. NR 661.31 to 661.33 in a calendar month.

(140)  "Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.

(141)  "Wastewater treatment unit" means a device which is all of the following:

(a) Part of a wastewater treatment facility that is subject to regulation under either 33 USC 1317 (b) or 1342 .

(b) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in s. NR 661.03 , or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in s. NR 661.03 , or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in s. NR 661.03 .

(c) Meets the definition of tank or tank system in this section.

(142)  "Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.

(143)  "Well" means any of the following: a bored, drilled or driven shaft, a dug hole whose depth is greater than its largest surface dimension, an improved sinkhole or a subsurface fluid distribution system.

(144)  "Well injection": (See "underground injection".)

(145)  "Wetlands" has the meaning given in s. 23.32 (1) , Stats.

(146)  "Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; CR 06-102 : am. (21), (76) and (77) Register March 2007 No. 615 , eff. 4-1-07; EmR1007 : emerg. cr. (70m), am. (107), eff. 3-17-10; CR 10-036 : cr. (70m), am. (107) Register October 2010 No. 658 , eff. 11-1-10; corrections in (15), (141) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .

Note

Note: See also "closed portion" and "inactive portion". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "active portion" and "inactive portion". Microsoft Windows NT 6.1.7601 Service Pack 1 Region I—Maine, Vermont, New Hampshire, Massachusetts, Connecticut and Rhode Island. Microsoft Windows NT 6.1.7601 Service Pack 1 Region II—New York, New Jersey, Commonwealth of Puerto Rico and the U.S. Virgin Islands. Microsoft Windows NT 6.1.7601 Service Pack 1 Region III—Pennsylvania, Delaware, Maryland, West Virginia, Virginia and the District of Columbia. Microsoft Windows NT 6.1.7601 Service Pack 1 Region IV—Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina and Florida. Microsoft Windows NT 6.1.7601 Service Pack 1 Region V—Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio. Microsoft Windows NT 6.1.7601 Service Pack 1 Region VI—New Mexico, Oklahoma, Arkansas, Louisiana and Texas. Microsoft Windows NT 6.1.7601 Service Pack 1 Region VII—Nebraska, Kansas, Missouri and Iowa. Microsoft Windows NT 6.1.7601 Service Pack 1 Region VIII—Montana, Wyoming, North Dakota, South Dakota, Utah and Colorado. Microsoft Windows NT 6.1.7601 Service Pack 1 Region IX—California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands. Microsoft Windows NT 6.1.7601 Service Pack 1 Region X—Washington, Oregon, Idaho and Alaska. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "active portion" and "closed portion". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See ch. NR 665 Appendix V for examples. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "underground injection". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "existing hazardous waste management facility". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "existing tank system." Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "incineration" and "thermal treatment". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "incinerator" and "open burning". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See also "injection well". Microsoft Windows NT 6.1.7601 Service Pack 1 Note: See chs. 289 and 291 , Stats., for additional definitions. Microsoft Windows NT 6.1.7601 Service Pack 1