Section 662.034. Accumulation.

 

(1)   Ninety-day accumulation time. Except as provided in s. NR 662.192 (1) , (2) and (3) , a generator may accumulate hazardous waste on-site for 90 days or less without an operating license or interim license, provided that all of the following requirements are met:

(a) The waste is placed as follows:

1. In containers and the generator complies with the applicable requirements of subch. I of ch. NR 665 (containers), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers).

2. In tanks and the generator complies with the applicable requirements of subch. J of ch. NR 665 (tank systems), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers) except ss. NR 665.0197 (3) and 665.0200 .

3. On drip pads and the generator complies with subch. W of ch. NR 665 (drip pads) and maintains all of the following records at the facility:

a. A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

4. In containment buildings and the generator complies with subch. DD of ch. NR 665 (containment buildings) and has placed the professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After August 1, 2006, PE certification will be required prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:

a. A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit and documentation that the procedures are complied with.

b. Documentation that the unit is emptied at least once every 90 days. In addition, the generator is exempt from all of the requirements in subchs. G (closure and long-term care) and H (financial requirements) of ch. NR 665 , except for ss. NR 665.0111 and 665.0114 .

(b) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.

(c) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".

(d) The generator complies with the requirements for owners or operators in subch. C (preparedness and prevention) and subch. D (contingency plan and emergency procedures) of ch. NR 665 and ss. NR 665.0016 and 668.07 (1) (e) .

(2)   Storage facility licensing and accumulation time extension. A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670 unless the generator has been granted an extension to the 90-day period. The department may grant an extension if hazardous wastes must remain on-site for longer than 90 days due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis.

(3)   Satellite accumulation.

(a) A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in s. NR 661.33 (5) in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without an operating license or interim license and without complying with sub. (1) provided the generator does all of the following:

1. Complies with ss. NR 665.0171 , 665.0172 and 665.0173 (1) .

2. Marks the containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.

(b) A generator who accumulates either hazardous waste or acutely hazardous waste listed in s. NR 661.33 (5) in excess of the amounts listed in par. (a) at or near any point of generation shall, with respect to that amount of excess waste, comply within 3 days with sub. (1) or other applicable provisions of chs. NR 660 to 673 . During the 3-day period the generator shall continue to comply with par. (a) 1. and 2. The generator shall mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

(7)  F 006 wastewater treatment sludges – 180-day accumulation time . A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without an operating license or interim license provided that all of the following conditions are met:

(a) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling.

(b) The F006 waste is legitimately recycled through metals recovery.

(c) No more than 20,000 kilograms (44,100 pounds) of F006 waste is accumulated on-site at any one time.

(d) The F006 waste is managed in accordance with all of the following:

1. The F006 waste is placed:

a. In containers and the generator complies with the applicable requirements of subch. I of ch. NR 665 (containers), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers) .

b. In tanks and the generator complies with the applicable requirements of subchs. J of ch. NR 665 (tank systems), subch. AA of ch. NR 665 (air emission standards for process vents), subch. BB of ch. NR 665 (air emission standards for equipment leaks) and subch. CC of ch. NR 665 (air emission standards for tanks, surface impoundments and containers), except ss. NR 665.0197 (3) and 665.0200 .

c. In containment buildings and the generator complies with subch. DD of ch. NR 665 (containment buildings), and has placed the professional engineer certification that the building complies with the design standards specified in s. NR 665.1101 in the facility's operating record prior to operation of the unit. The owner or operator shall maintain any of the following records at the facility:

2. In addition, such a generator is exempt from all the requirements in subchs. G (closure and long-term care) and H (financial requirements) of ch. NR 665 , except for ss. NR 665.0111 and 665.0114 .

3. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container.

4. While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste".

5. The generator complies with the requirements for owners or operators in subchs. C (preparedness and prevention) and D (contingency plan and emergency procedures) of ch. NR 665 and ss. NR 665.0016 and 668.07 (1) (e) .

(8)   F006 wastewater treatment sludges – 270-day accumulation time. A generator who generates 1,000 kilograms (2,205 pounds) or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without an operating license or interim license if the generator complies with the requirements of sub. (7) (a) to (d) .

(9)   F006 wastewater treatment sludges – storage facility licensing, accumulation time extension and accumulation limit exception. A generator accumulating F006 in accordance with subs. (7) and (8) who accumulates F006 waste on-site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms (44,100 pounds) of F006 waste on-site is an operator of a storage facility and is subject to the requirements of chs. NR 664 and 665 and the license requirements of ch. NR 670 unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram (44,100 pound) accumulation limit. Extensions and exceptions may be granted by the department if F006 waste must remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms (44,100 pounds) of F006 waste must remain on-site due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.

(13)   Rejected waste shipments. A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site according to subs. (1) and (2) , depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator shall do one of the following:

(a) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest.

(b) Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; CR 06-102 : cr. (13) Register March 2007 No. 615 , eff. 4-1-07; corrections in (1) (a) 1. to 4., (7) (d) 1. a. to c. made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .

Note

Note: Special accumulation requirements for small quantity generators are in s. NR 662.192 . Microsoft Windows NT 6.1.7601 Service Pack 1 1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit and documentation that the generator is complying with the procedures. Microsoft Windows NT 6.1.7601 Service Pack 1 2) Documentation that the unit is emptied at least once every 180 days. Microsoft Windows NT 6.1.7601 Service Pack 1