Section 673.81. Factors for petitions to include other wastes under this chapter.

 

(1)  The waste or category of waste, as generated by a wide variety of generators, is listed in subch. D of ch. NR 661 or, if not listed, a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in subch. C of ch. NR 661 . (When a characteristic waste is added to the universal waste rules of this chapter by using a generic name to identify the waste category (e.g., batteries), the department will amend the definition of universal waste in ss. NR 660.10 and 673.09 to include only the hazardous waste portion of the waste category (e.g., hazardous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics (i.e., is hazardous waste) is subject to the universal waste rules of this chapter.

(2)  The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, very small quantity generators, small businesses, government organizations, as well as large industrial facilities).

(3)  The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator.

(4)  Systems to be used for collecting the waste or category of waste (including packaging, marking and labeling practices) would ensure close stewardship of the waste.

(5)  The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to ss. NR 673.13 , 673.33 and 673.52 or applicable U.S. department of transportation requirements) would be protective of human health and the environment during accumulation and transport.

(6)  Regulation of the waste or category of waste under this chapter will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal waste stream, non-hazardous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment or disposal in compliance with ch. 291 , Stats. , and chs. NR 660 to 670 .

(7)  Regulation of the waste or category of waste under this chapter will improve implementation of and compliance with the hazardous waste regulatory program.

(8)  Other factors as may be appropriate .

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