Section 666.202. Definition of solid waste.

 

(1)  A military munition is not a solid waste when either of the following occurs:

(a) It is used for its intended purpose, including any of the following:

1. Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions).

2. Use in research, development, testing and evaluation of military munitions, weapons or weapon systems.

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.

(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 661.02 (3) (a) , or burning for energy recovery as defined in s. NR 661.02 (3) (b) .

(2)  An unused military munition is a solid waste when any of the following occurs:

(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.

(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.

(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.

(d) The munition has been declared a solid waste by an authorized military official.

(3)  A used or fired military munition is a solid waste when either of the following occurs:

(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.

(b) If it is recovered, collected and then disposed of by burial, or landfilling either on or off a range.

(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., and subch. S of ch. NR 664 , or imminent danger authorities under s. 291.85 , Stats., 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).

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.