Section NR 679.40 - Applicability(1) GENERAL. This subchapter applies to all used oil transporters, except for any of the following: (a) This subchapter does not apply to on-site transportation.(b) This subchapter does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil collection center according to s. NR 679.24(1).(c) This subchapter does not apply to generators who transport shipments of used oil totaling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator according to s. NR 679.24(2).(d) This subchapter does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor or re-refiner or burner subject to this chapter. Except as provided in pars. (a) to (c), this subchapter does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points or other facilities where household do-it-yourselfer used oil is collected. (2) IMPORTS AND EXPORTS. Transporters who import used oil from abroad or export used oil outside of the United States are subject to this subchapter from the time the used oil enters and until the time it exits Wisconsin.(3) TRUCKS USED TO TRANSPORT HAZARDOUS WASTE. Unless trucks previously used to transport hazardous waste are emptied as described in s. NR 661.07 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and shall be managed as hazardous waste unless, under s. NR 679.10(2), the hazardous waste and used oil mixture is determined not to be hazardous waste.(4) OTHER APPLICABLE PROVISIONS. Used oil transporters who conduct any of the following activities are also subject to the following subchapters: (a) Transporters who generate used oil shall also comply with subch. C.(b) Transporters who process or re-refine used oil, except as provided in s. NR 679.41, shall also comply with subch. F.(c) Transporters who burn off-specification used oil for energy recovery shall also comply with subch. G.(d) Transporters who direct shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications in s. NR 679.11 shall also comply with subch. H.(e) Transporters who dispose of used oil shall also comply with subch. I.Wis. Admin. Code Department of Natural Resources NR 679.40
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.