Section 662.192. Special accumulation requirements.

 

(1)   One hundred and eighty-day accumulation time. A small quantity generator may accumulate hazardous waste on-site for 180 days or less without an operating license or interim license provided that all of the following conditions are met:

(a) Accumulation limit. The quantity of waste accumulated on-site never exceeds 6,000 kilograms (13,230 pounds).

(b) Accumulation in containers. The generator complies with the requirements of subch. I of ch. NR 665 , except for ss. NR 665.0176 and 665.0178 .

(c) Accumulation in tanks. The generator complies with the requirements of s. NR 662.194 .

(d) Preparedness and prevention, land disposal restrictions and marking and labeling. The generator complies with the requirements of subch. C of ch. NR 665 , s. NR 668.07 (1) (e) and all of the following conditions:

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

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

(e) Emergency procedures and personnel training. The generator complies with all of the following requirements:

1. At all times there shall be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in subd. 4. This employee is the emergency coordinator.

2. The generator shall post all of the following information next to the telephone:

a. The name and telephone number of the emergency coordinator.

b. Location of fire extinguishers and spill control material, and, if present, fire alarm.

c. The telephone number of the fire department, unless the facility has a direct alarm.

3. The generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.

4. The emergency coordinator or a designee shall respond to any emergencies that arise. The applicable responses are as follows:

a. In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher.

b. In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil.

c. In the event of a fire, explosion or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the national response center (using their 24-hour toll free number 800/424-8802). The report shall include all of the following information:

1) The name, address and U.S. EPA identification number of the generator.

2) Date, time and type of incident ( e.g., spill or fire).

3) Quantity and type of hazardous waste involved in the incident.

4) Extent of injuries, if any.

5) Estimated quantity and disposition of recovered materials, if any.

d. In the event of a release or discharge, the generator shall give notice to the division of emergency management at [phone] and comply with the requirements of s. 292.11 , Stats., and ch. NR 706 .

(2)   Two hundred and seventy-day accumulation time. Small quantity generators who must transport their own hazardous waste, or offer their own hazardous waste for transportation, over a distance of 200 miles or more for off-site treatment, storage or disposal may accumulate hazardous waste on-site for 270 days or less without an operating license or interim license provided that the generators comply with the requirements of sub. (1) .

(3)   Storage facility licensing and accumulation time extension. A small quantity generator who accumulates hazardous waste in quantities exceeding 6,000 kg (13,230 pounds) or accumulates hazardous waste for more than 180 days (or for more than 270 days if the generator must transport the waste, or offer the waste for transportation, over a distance of 200 miles or more) 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. An extension may be granted by the department if hazardous wastes must remain on-site for longer than 180 days (or 270 days if applicable) 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.

(4)   Satellite accumulation.

(a) A small quantity 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 subs. (1) and (2) 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 subs. (1) and (2) or other applicable provisions of chs. NR 660 to 670 . 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.

(5)   Rejected waste shipments. A small quantity 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 in accordance with the manifest discrepancy provisions of s. NR 664.0072 or 665.0072 may accumulate the returned waste on-site in accordance with subs. (1) , (2) and (3) , 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. (5) Register March 2007 No. 615 , eff. 4-1-07.