Section 661.02. Definition of solid waste.

 

(1)  

(a) A solid waste is any discarded material that is not excluded by s. NR 661.04 (1) or that is not excluded by a variance granted under ss. NR 660.30 and 660.31 .

(b) A discarded material is any material which is one of the following:

1. Abandoned, as explained in sub. (2) .

2. Recycled, as explained in sub. (3) .

3. Considered inherently waste-like, as explained in sub. (4) .

4. A military munition identified as a solid waste in s. NR 666.202 .

(2)  Materials are solid waste if they are abandoned by being one of the following:

(a) Disposed of.

(b) Burned or incinerated.

(c) Accumulated, stored or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned or incinerated.

(3)  Materials are solid wastes if they are recycled, or accumulated, stored or treated before recycling, according to the following:

(a) Used in a manner constituting disposal.

1. Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are:

a. Applied to or placed on the land in a manner that constitutes disposal.

b. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).

2. However, commercial chemical products listed in s. NR 661.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use.

(b) Burned for energy recovery.

1. Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:

a. Burned to recover energy.

b. Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).

2. However, commercial chemical products listed in s. NR 661.33 are not solid wastes if they are themselves fuels.

(c) Reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid wastes when reclaimed (except as provided under s. NR 661.04 (1) (q) ). Materials noted with a " — " in column 3 of Table 1 are not solid wastes when reclaimed.

(d) Accumulated speculatively. Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

Table 1 - See PDF for table

(4)  All of the following inherently waste - like materials are solid wastes when they are recycled in any manner:

(a) Hazardous waste numbers F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026 and F028.

(b) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subch. C or D , except for brominated material that meets all of the following criteria:

1. The material contains a bromine concentration of at least 45%.

2. The material contains less than a total of 1% of toxic organic compounds listed in ch. NR 661 Appendix VIII .

3. The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).

(c) The department will use all of the following criteria to add wastes to that list:

1. Any of the following:

a. The materials are ordinarily disposed of, burned or incinerated.

b. The materials contain toxic constituents listed in ch. NR 661 Appendix VIII and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process.

2. The material may pose a substantial hazard to human health and the environment when recycled.

(5)  

(a) Materials are not solid wastes when they can be shown to be recycled by being one of the following:

1. Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed.

2. Used or reused as effective substitutes for commercial products.

3. Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at s. NR 661.04 (1) (q) apply rather than this subsection.

(b) All of the following materials are solid wastes, even if the recycling involves use, reuse or return to the original process (described in par. (a) 1. to 3. ):

1. Materials used in a manner constituting disposal, or used to produce products that are applied to the land.

2. Materials burned for energy recovery, used to produce a fuel or contained in fuels.

3. Materials accumulated speculatively.

4. Materials listed in sub. (4) (a) and (b) .

(6)  Respondents in actions to enforce ch. 291 , Stats. , and chs. NR 660 to 673 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they shall provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; corrections in (4) (b) 2., (c) 1. b. made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .

Note

Note: The terms spent materials, sludges, by-products, scrap metal and processed scrap metal are defined in s. NR 661.01 . Microsoft Windows NT 6.1.7601 Service Pack 1