Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 600. GENERAL
Date:
08/31/2009
Document:
NR 600.09 Waivers.
Notwithstanding any other provision in chs. NR 600 to 685, in the event of an emergency condition threatening public health, safety or welfare or the environment, the department may issue a waiver to allow treatment, storage or disposal of hazardous waste not covered by a license, to waive compliance with any requirement of ch. 291, Stats., or to shorten any time period provided under ch. 291, Stats. A waiver:
(1) May be oral or written. If oral, it shall be followed within 5 business days by written authorization. The applicant who submits a written request for emergency authorization shall be advised, in writing, by the department of approval or disapproval of the request within 15 business days after receipt of the request.
(2) Except for the activities under sub. (3), may not exceed 90 days in duration.
(3) (a) May be issued to a person engaged in treatment or containment activities associated with an immediate response to:
1. A discharge of hazardous waste;
2. A discharge of materials or items which, when discharged, become a hazardous waste; or
Note: These materials or items are listed in s. NR 605.09(3)(b), table IV and (c), table V.
3. An imminent and substantial threat of a discharge of hazardous waste.
(b) A person issued a waiver under par. (a):
1. Shall comply with ss. NR 630.21 and 630.22 (1) and (2);
2. Shall conduct treatment or containment activities in units designed, constructed and operated to minimize the discharge of hazardous waste or constituents thereof, unless a discharge is in compliance with chs. NR 400 to 499 for a discharge to the ambient air or ch. 283, Stats., for a discharge to the waters of this state.
(4) Shall clearly specify wastes to be received, and the manner and location of their treatment, storage or disposal.
(5) May be revoked by the department at any time if it is determined that revocation is appropriate to protect human health and the environment.
(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of chs. NR 600 to 685.
(7) Shall be accompanied by a public notice including:
(a) The name and address of the department office granting the emergency waiver,
(b) The name and location of the hazardous waste facility receiving the waiver,
(c) A brief description of the waiver and the reasons for granting it,
(d) The duration of the waiver, and
(e) A brief description of the wastes involved.
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