Wisconsin  RCRA Hazardous Waste Reporting

Hazardous waste in the state of Wisconsin is regulated by the Wisconsin Department of Natural Resources (DNR). Compliance with state and federal RCRA regulations is required for any facility that generates hazardous wastes that meets or exceeds certain thresholds. Federally, RCRA requires a biennial report to be submitted by facilities who generate and dispose of hazardous wastes. At the state level, Wisconsin requires several types of hazardous waste generators to submit annual reports to gather information about hazardous waste generation and disposal. The goal of Wisconsin’s hazardous waste management program is to regulate hazardous waste generation, transportation, storage, treatment and disposal to protect the environment and community. Wisconsin uses data from annual waste reports for planning, compliance monitoring, and developing regulations. Facilities that generate hazardous waste at certain thresholds, as well as treatment, storage, and disposal facilities (TSDFs) are required to submit annual hazardous waste reports with DNR using the state based electronic reporting system by March 1 each year. 

Understanding Wisconsin Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In Wisconsin, a facility must submit an annual report if they meet a set of criteria relating to generation, accumulation, and acceptance of hazardous waste. A facility must report if any of the following occurred in the reporting year:

• Generated, in a single calendar month:
  • More than 100 kg (220 lbs) of hazardous waste 
  • More than 1 kg (2.2 lbs) of acute hazardous waste, or
  • More than 100 kg (220 lbs) of acute hazardous waste spill cleanup material 
• Accumulated at any one time:
  • More than 1,000 kg (2,205 lbs) of hazardous waste
  • More than 1 kg (2.2 lbs) of acute hazardous waste, or
  • More than 100 kg (220 lbs) of acute hazardous waste spill cleanup material that was generated outside
• Was a publicly owned wastewater treatment works that accepted hazardous waste for treatment and complied with s. NR 670.001(3)(b)9, Wis. Adm. Code.
  •  s. NR 670.001(3)(b)9, Wis. Adm. Code states that owners and operates of hazardous waste management units have licenses during the active life of a hazardous waste management unit
• Was a permanent household and very small quantity generator hazardous waste collection facility that shipped hazardous waste offsite to a licensed or permitted hazardous waste treatment, storage, or disposal facility 
• Performed any other hazardous waste treatment, storage, or disposal activities onsite that required a hazardous waste facility license
• Chose to operate under a higher generator status than it previously had 

State Listed Hazardous Waste in Wisconsin

Wisconsin generally follows the federal guidelines for RCRA Waste Reporting, including requirements and waste codes. 

A full list of EPA Federal waste codes is available here

Wisconsin Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

Federally, and at the state level in Wisconsin, Very Small Quantity Generators (VSQGs) generate 100 kg or less per month of hazardous waste or 1 kg or less of acutely hazardous waste. VSQGs are not required to submit annual reports, but are required to identify all hazardous wastes generated and ensure that accumulation totals do not exceed 1,000 kg of hazardous waste at any given time. All hazardous waste generated by VSQGs must be treated and disposed of by an authorized TSDF. 

Small Quantity Generator (SQG) Requirements

Federally, and at the state level in Wisconsin, Small Quantity Generators (SQGs) generate more than 100 kg, but less than 1,000 kg of hazardous waste per month. In Wisconsin, SGQs are required to submit annual hazardous waste reports. In addition to reporting, SQGs in Wisconsin must also:

• Notify DNR of hazardous waste activity to obtain an EPA Identification number (EPA ID)
  • Completion of the regulated waste activity (WA) section of the annual report satisfies re-notification requirements each year 
• Use the Uniform Hazardous Waste Manifest for all shipments of hazardous waste
• Ensure waste accumulation does not exceed 6,000 kg at any given time
• Ensure waste does not accumulate on-site for more than 180 days without a permit
• Manage hazardous waste in secure containers 
• Use a permitted transporter for waste and dispose at a permitted TSDF
• Conduct basic employee training for employees handling hazardous waste
• Develop a basic emergency plan with procedures to follow in the event of an emergency 
  • Have at least 1 employee designated as an emergency coordinator who is available at all times to respond to emergencies

Large Quantity Generator (LQG) Requirements

Federally, and in Wisconsin, Large Quantity Generators (LQGs) generate more than 1,000 kg per month of hazardous waste or more than 1 kg per month of acutely hazardous waste. LQGs must submit annual waste reports with the state and are required to submit federal biennial reports with the EPA every 2 years. Annual reports submitted to DNR fulfill the requirements for federal biennial reporting. In addition to reporting requirements, LQGs must:

• Notify DNR of hazardous waste activity to obtain an EPA Identification number (EPA ID)
  • Completion of the regulated waste activity (WA) section of the annual report satisfies re-notification requirements each year 
• Not accumulate waste on site for more than 90 days without a permit
• Manage hazardous waste in secure tanks, containers, drip pads or containing buildings
• Use a Uniform Hazardous Waste Manifest for all waste shipments  
• Use a permitted transporter
• Provide formal training to all employees on waste management procedures, waste handling, and emergency responses
• Have a detailed contingency plan including a designated emergency coordinator and emergency response plans

Treatment, Storage, and Disposal Facilities: 

TSDFs are required to submit annual waste reports to the DNR in Wisconsin. These reports include data on types and quantities of hazardous waste generated, treated, stored, or disposed of. Annual reports are due March 1 each year. TSDFs are also required to:

• Obtain a hazardous waste license from DNR
• Notify DNR of hazardous waste activity to obtain an EPA Identification number (EPA ID)
• Meet federal RCRA permit requirements
• Track hazardous waste using the UHWM system and keep copies of all manifests for 3 years
• Develop emergency contingency plans 
• Conduct routine inspections of storage and treatment areas

Examples of Facilities Subject to Waste Reporting

Here are some examples of facilities in Wisconsin and the types of wastes generated that would likely trigger the need to submit an annual waste report to the DNR:

• Manufacturing plants: spent solvent, paint wastes, heavy-metal sludge and waste oils 
• Hospitals and healthcare facilities: pharmaceutical waste such as antibiotics, chemotherapy drugs, controlled substances mixed with hazardous components, and mercury-containing preservatives
• Wood Treatment facilities: creosote or pentachlorophenol-contaminated wastes

Hazardous Waste Manifest Requirements for Wisconsin Facilities

A Hazardous Waste Manifest is a document that travels with hazardous waste throughout the shipping and treatment process. This document allows regulatory agencies to track waste from its origin to disposal, ensuring correct handling of waste from “cradle” to “grave”. Federally, all hazardous waste shipments must be accompanied by a Uniform Hazardous Waste Manifest (EPA Form 8700-22) from generation through disposal, unless the waste meets certain exceptions. Both federally and at the state level in WI, SQGs and LQGs are required to follow federal regulations and use the Uniform Hazardous Waste Manifest throughout the generation and shipments of their waste.

Waste manifests must include: 

• State or EPA ID numbers of facilities
• Generator name, address, and contact information
• Transporter companies with U.S. DOT descriptions
• Federal waste codes
• Waste descriptions and quantities including container information
• Signatures from generators, transporters, and receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

For generators:

• WI encourages the use of the federal e-Manifest system for submission and tracking of manifests
  • If paper manifests are used, a copy must be uploaded to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SGQs and LQGs to register for the e-Manifest system
  • Paper copies must be stored for at least 3 years
• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 60 days, LQGs and SQGs must submit an exception report with DAR
    • Starting December 1, 2025, exception reports must be submitted electronically though e-Manifest

For TSDFs:

• The UHWM must accompany waste throughout its shipment and treatment process
• Must send a copy of the signed manifest to the generator within 35 days.
  *Beginning January 22, 2025, TSDFs will no longer be required to send a final copy of a manifest to the generator. TSDFs will be required to upload final paper manifests to the federal e-Manifest system. Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Un-manifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to the EPA Regional Administrator within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, method of treatment, storage, and disposal, and an explanation for why the waste was un-manifested

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities.
• Incorrect waste codes 
• Failure to include Land disposal restrictions when needed
• Failure to maintain copies: final manifests must be maintained as paper or electronic copies in e-Manifest system. Facilities may be required to provide copies of manifests during inspections, or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all SQGs and LQGs will be required to register with the federal e-Manifest system

Wisconsin Electronic Waste Reporting System (DNR Switchboard)

Overview of Report Submissions

Wisconsin uses electronic reporting for annual reporting requirements. Electronic data storage and state level reporting supports federal RCRA compliance by keeping track of wastes, emergency response plans, employee training, and hazardous waste generation and storage. The electronic system for Wisconsin is available through the DNR switchboard. To access the DNR switchboard, facilities must have a Wisconsin User ID (WAMS ID). Wisconsin requires the use of electronic submissions for annual reporting.

How to Submit a Hazardous Waste Report in Wisconsin

Here are the key steps for using Wisconsin’s DNR Switchboard to submit annual waste reports:

• Obtain a WAMS ID and password
• Go to DNR switchboard and log in 
• Once logged in, select “My facilities & Roles” to see a screen listing all the facilities and to access the annual report
  • If the RCRA Hazardous Waste Report is not available, select “Request Access” in the top right hand corner > Waste > check the box next to RCRA Hazardous Waste Report and enter the facility ID for missing facilities, It may take 1-3 days for facilities to be added, so start this process early to ensure delays in report submissions
• Prepare data and complete the annual report:
  • Gather information such as facility IDs, waste stream details with types, quantities, and management methods, waste manifests, and TSDF details
  • Complete the report questions and forms in order:
    • Site Identification information: address, name, operator information
    • Primary Contact information: name, email, phone number, address
  • Generator status: the generator status selected refers to the generator status of the facility at the time of submittal
    • Satisfies re-notification requirement
  • North American Industry Classification System (NAICS): enter the NAICS code for the facility 
  • Type of Regulated Waste Activity (WA): select the highest generator status the facility operated under during the reporting year
    • Answer the questions that pop up in this section as they apply 
  • Waste Codes for Regulated Hazardous waste: list waste codes for all hazardous waste handled in the reporting year
  • Complete Additional Regulated Waste Activities sections
  • Waste Generation and Management Form (GM Form) for LQGs only:
    • Describe each waste stream, how it is generated, and how it is managed
    • Complete a GM form for each waste stream
  • Fee Worksheet: report the total amount of hazardous waste generated (in lbs) at the facility during the report year 
    • Fees are not due at time of report submission, invoices are sent from the DNR to the facility in May of each year following report submissions
  • Once complete, select the validate button to show any errors in the report 
  • Submit and sign the report 
    • Once submitted, a PDF copy of the report along with a PDF certification will be emailed to the signatory associated with the facility 
    • The signatory may sign the report digitally using the link and code provided in the email, or may download the PDF and e-mail a signed copy to DNRHazardouswastereporting@wisconsin.gov
      • Tip: the code will only be valid for 72 hours, so sign the report as soon as possible 

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Wisconsin, hazardous waste reports are due by March 1 each year regarding information on hazardous wastes generated by the facility during the previous calendar year

Additional Reporting Requirements (additional waste reports)

Episodic generation: Wisconsin allows for 1 episodic event per calendar year, planned or unplanned. Facilities experiencing an episodic event must notify the DNR with a description of the event and details of the hazardous waste. 

For planned events: facilities must notify no later than 30 days prior to the event

For unplanned events: facilities must notify within 72 hours of the event via phone or email  and follow with a submittal of EPA Form 8700-12.

 

EPA Form 8700-12 is used to notify of planned and unplanned events, and must include the following information:

• Start and end date
• reason(s) for the event
• Types and quantities of hazardous waste generated
• Facility contact information and emergency coordinator information

Refer to the following checklist for tips on staying compliant during episodic events in Wisconsin.

Tips for Effective RCRA Reporting

Maintain Continuous Records

Continuously tracking waste generation data will help with ensuring facilities are maintaining generator status all year and assist in promptly identifying any changes.

• Continuously and thoroughly recording waste can help ensure waste data is accurate and ready to go when the March 1st deadline comes around each year. A good rule of thumb is to have data ready to review by the first week of January 
• Employee training: Federal regulations require facilities that generate hazardous waste maintain records of their employee training. These records may need to be reported during inspections or upon request. Ensure the facility maintains up to date records of all training sessions including dates, topics covered, attendees, etc. and stores these records for 5 years to ensure compliance. 

Understand State-Specific Reporting Requirements

Wisconsin generally follows the federal reporting requirements including generator categories, headlines, and waste codes. Wisconsin requires annual reporting for all SQGs and LQGs. Submission of an annual report by an LQG through DNR satisfies federal biennial reporting requirements.

Keep Copies of All Submitted Reports

Once a report has been submitted, a PDF copy will be emailed to the facility. Ensure a copy of this report is stored for a minimum of 3 years to stay in compliance in Wisconsin. 

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching large quantity generator status and over-reporting due to data management errors

Tips:

• Create standardized reporting checklists to ensure accurate information
• Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• Maintain up to date and accurate logs of waste generation and disposal all year long

Failing to Keep Up-To-Date with Changes in Regulations

Failing to report all hazardous wastes can occur for a number of reasons, including misidentification or under classification of waste streams. This can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with nonhazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresentation generator categories, and issues of non-compliance. 

Tips:

• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve record-keeping
• Consult with environmental experts 

Late and Missed Submissions

All reports must be submitted by March 1 each year.

Tips: 

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed

Common RCRA violations in Wisconsin

• Waste determination violations
  • Misclassifying waste as non-hazardous, failure to document waste determination information, and failing to conduct a waste determination
• Marking and labeling violations
  • Failing to mark containers with the words “hazardous waste”, failure to mark accumulation start dates on containers
• Accumulation (storage) violations
  • Accumulating too much waste, accumulating waste for greater than 90 days (LQGs) or 180 days (SQGs)
• Container Management Violations
  • Not closing hazardous waste containers, failing to use the correct containers for the type of waste,
•  Emergency Procedures and contingency plans:
  • Outdated or missing emergency procedures, outdated or missing contingency plans, inadequate training 

Penalties for Non-Compliance with RCRA Reporting in Wisconsin

Potential Fines and Legal Consequences

Non-compliance in Wisconsin can lead to penalties, including civil and criminal fines. Penalties are imposed by both the Department of Natural Resources and federal agencies in WI and can be substantial. Fine amounts are based on the nature and gravity of violations, and can include:

• Fines of up to $25,000 per day for failing to report information about generation, storage, or use of hazardous waste
  • Including failing to submit annual reports or upload manifests to the e-Manifest system
• Fines up to $50,000 per violation relating to missed annual reports, missed manifest submissions, or missed notifications of hazardous waste activity 
• Criminal penalties for knowingly engaging in illegal disposal or treatment of hazardous waste