Section 666.203. Standards applicable to the transportation of solid waste military munitions.

 

(1)   Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.

(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:

1. The waste military munitions are not chemical agents or chemical munitions.

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.

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.

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.

(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.

(c) The exemption in par. (a) from regulation as hazardous waste shall apply only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment or disposal.

(d) The conditional exemption in par. (a) applies only so long as all of the conditions in par. (a) are met.

(2)   Reinstatement of exemption. If any waste military munition loses its exemption under sub. (1) (a) , an application may be filed with the department for reinstatement of the exemption from hazardous waste transportation regulation with respect to the munition as soon as the munition is returned to compliance with the conditions of sub. (1) (a) . If the department finds that reinstatement of the exemption is appropriate based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the department may reinstate the exemption under sub. (1) (a) . If the department does not take action on the reinstatement application within 60 days after receipt of the application, then reinstatement shall be deemed granted, retroactive to the date of the application. However, the department may terminate a conditional exemption reinstated by default in the preceding sentence if the department finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under sub. (1) (a) , the department may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

(3)   Amendments to DOD shipping controls. The U.S. department of defense shipping controls applicable to the transport of military munitions referenced in sub. (1) (a) 2. are U.S. government bill of lading (GBL) ( U.S. government services administration (GSA) standard form 1103), DOD single line item requisition system document (manual) (DD form 1348), the signature and tally record (DD form 1907), dangerous goods shipping paper/declaration and emergency response information for hazardous materials transported by government vehicles/containers or vessel (DD form 836), and the motor vehicle inspection (transporting hazardous materials) (DD form 626) in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the U.S. department of defense shipping controls shall become effective for purposes of sub. (1) (a) on the date the U.S. department of defense publishes notice in the federal register that the shipping controls referenced in sub. (1) (a) 2. have been amended.

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

Note

GSA standard form 1103 may be obtained by calling federal supply customer assistance at [phone]. DD forms 626, 836, 1348 and 1907 may be obtained at: http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm . Microsoft Windows NT 6.1.7601 Service Pack 1