291.05 Required rules.

566 words·~3 min read·/wi/chapter-291/291-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The department shall promulgate by rule criteria identical to those promulgated by the U.S. environmental protection agency under section 6921

(a)of the Resource Conservation and Recovery Act for identifying the characteristics of hazardous waste. The rules shall require that any person generating or transporting, or owning or operating a facility for treatment, storage or disposal of, any hazardous waste or any substance which meets the criteria shall notify the department of that fact within 90 days after the promulgation of the rule.

(a)The department shall promulgate by rule a list of hazardous wastes.

(b)Except as provided under par.

(c), the list of hazardous wastes shall be identical to the list promulgated by the U.S. environmental protection agency under section 6921

(b)of the Resource Conservation and Recovery Act.

(c)The department may include or retain on the list of hazardous wastes any additional solid waste not included on the list promulgated by the U.S. environmental protection agency if the department determines that the additional solid waste has characteristics which identify it as a hazardous waste based on the criteria promulgated under sub.

(1)and if the department determines that the inclusion or retention is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which its determinations are based and shall include or retain the additional solid waste on the list of hazardous wastes by rule.

(a)The department shall promulgate rules under subs.

(1)and

(2)which establish not less than 2 nor more than 4 classes of hazardous waste and shall assign wastes to a particular class. The classes shall be based upon the relative degrees of hazard posed by the waste. Standards established under this chapter for hazardous waste facilities or for equipment which transports hazardous waste shall recognize and differentiate between the classes of waste which the facility or equipment is intended to transport, treat, store or dispose.

(b)In determining the relative degrees of hazard of classes of wastes under par.

(a), the department shall consider the following:

1. The amounts of wastes and the concentrations of the harmful or potentially harmful components of the wastes;

2. The likelihood of exposure to humans or the environment of the harmful or potentially harmful components of the wastes based upon the mobility and stability of harmful components, and the biological or chemical conversion of the components to other harmful chemicals; and

3. The harm to humans or the environment resulting from the exposure identified under subd. 2. from the harmful components.

(4)The department shall promulgate by rule a list of hazardous constituents which shall include, but need not be limited to, the hazardous constituents specified in 40 CFR 261 , appendix VIII. The department may not list a hazardous constituent which is not specified in 40 CFR 261 , appendix VIII unless it determines that the listing of the constituent is necessary to protect public health, safety or welfare. The department shall issue specific findings and conclusions on which such a determination to list a hazardous constituent is based.

(a)The department shall promulgate rules regarding hazardous waste transportation that establish standards for the following:

1. Record keeping concerning hazardous waste transported, and its source and delivery points.

2. Labeling procedures.

3. Use of a manifest system

4. Containers used to transport waste.