reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter G - Closure and Long-Term Care › Section NR 664.0116 - Survey plat

Current through June 24, 2024
No later than the submission of the certification of
					 closure of each hazardous waste disposal unit, the owner or operator shall
					 submit to the local zoning authority, or the authority with jurisdiction over
					 local land use, and to the department, a survey plat indicating the location
					 and dimensions of landfill cells or other hazardous waste disposal units with
					 respect to permanently surveyed benchmarks. This plat shall be prepared and
					 certified by a professional land surveyor. The plat filed with the local zoning
					 authority, or the authority with jurisdiction over local land use, shall
					 contain a note, prominently displayed, which states the owner's or operator's
					 obligation to restrict disturbance of the hazardous waste disposal unit
					 according to the applicable rules of this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter G - Closure and Long-Term Care › Section NR 664.0117 - Long-term care and use of property

Current through June 24, 2024
(1)
(a) Long-term care for each hazardous waste
				  management unit subject to the requirements of this section and ss.
				  NR
				  664.0118 to shall begin 664.0120 after completion of
				  closure of the unit and continue for a minimum of 40 years after that date and
				  shall consist of at least both of the following:
1. Monitoring and reporting in accordance
				  with the requirements of subchs. F, K, L, N and X.
2. Maintenance and monitoring of waste
				  containment systems in accordance with the requirements of subchs. F, K, L, N
				  and X.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter G - Closure and Long-Term Care › Section NR 664.0119 - Long-term care notices

Current through June 24, 2024
(1) No later than
				  60 days after certification of closure of each hazardous waste disposal unit,
				  the owner or operator shall submit to the local zoning authority, or the
				  authority with jurisdiction over local land use, and to the department a record
				  of the type, location and quantity of hazardous wastes disposed of within each
				  cell or other disposal unit of the facility. For hazardous wastes disposed of
				  before July 1, 1985, the owner or operator shall identify the type, location
				  and quantity of the hazardous wastes to the best of the owner's or operator's
				  knowledge and in accordance with any records the owner or operator has
				  kept.
(2) Within 60 days of
				  certification of closure of the first hazardous waste disposal unit and within
				  60 days of certification of closure of the last hazardous waste disposal unit,
				  the owner or operator shall do both of the following:
(a) Record, in accordance with ch. 706,
				  Stats., a notation on the deed to the facility property, or on some other
				  instrument which is normally examined during title search, that will in
				  perpetuity notify any potential purchaser of the property of all of the
				  following:
1. The land has been used to manage
				  hazardous wastes.
2. Its use is
				  restricted under this subchapter.
3. The survey plat and record of the type,
				  location and quantity of hazardous wastes disposed of within each cell or other
				  hazardous waste disposal unit of the facility required by s.
				  NR
				  664.0116 and sub. (1) have been filed with the local
				  zoning authority or the authority with jurisdiction over local land use and
				  with the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter G - Closure and Long-Term Care › Section NR 664.0120 - Certification of completion of long-term care

Current through June 24, 2024
No later than 60 days after completion of the established
					 long-term care period for each hazardous waste disposal unit, the owner or
					 operator shall submit to the department, by registered mail, a certification
					 that the long-term care period for the hazardous waste disposal unit was
					 performed in accordance with the specifications in the approved long-term care
					 plan. The owner or operator and a qualified professional engineer shall sign
					 the certification. Documentation supporting the professional engineers
					 certification shall be furnished to the department upon request until the
					 department releases the owner or operator from the financial assurance
					 requirements for long-term care under s.
					 NR
					 664.0145(11).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0140 - Applicability

Current through June 24, 2024
(1) The requirements of ss.
				  NR
				  664.0142,
				  664.0143 and
				  664.0147 to apply 664.0151 to owners
				  and operators of all hazardous waste facilities, except as provided otherwise
				  in this section or in s.
				  NR
				  664.0001.
(2) The requirements of ss.
				  NR
				  664.0144 and apply only 664.0145 to owners and
				  operators of one or more of the following:
(a) Disposal facilities.
(b) Piles and surface impoundments from which
				  the owner or operator intends to remove the wastes at closure, to the extent
				  that these sections are made applicable to the facilities in ss.
				  NR
				  664.0228 and
				  664.0258.
(c) Tank systems that are required under s.
				  NR
				  664.0197 to meet the requirements for
				  landfills.
(d) Containment
				  buildings that are required under s.
				  NR
				  664.1102 to meet the requirements for
				  landfills.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0142 - Cost estimate for closure

Current through June 24, 2024
(1) The owner or
				  operator shall have a detailed written estimate, in current dollars, of the
				  cost of closing the facility in accordance with the requirements in ss.
				  NR
				  664.0111 to
				  664.0115 and applicable closure
				  requirements in ss.
				  NR
				  664.0178,
				  664.0197,
				  664.0228,
				  664.0258,
				  664.0310,
				  664.0351,
				  664.0601 to
				  664.0603 and
				  664.1102.
(a) The estimate shall equal the cost of
				  final closure at the point in the facility's active life when the extent and
				  manner of its operation would make closure the most expensive, as indicated by
				  its closure plan (see s.
				  NR
				  664.0112(2) ).
(b) The closure cost estimate shall be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent corporation nor a
				  subsidiary of the owner or operator. The owner or operator may use costs for
				  on-site disposal if the owner or operator can demonstrate that on-site disposal
				  capacity will exist at all times over the life of the facility.
(c) The closure cost estimate may not
				  incorporate any salvage value that may be realized with the sale of hazardous
				  wastes, or non-hazardous wastes if applicable under s.
				  NR
				  664.0113(4), facility structures or
				  equipment, land or other assets associated with the facility at the time of
				  partial or final closure.
(d) The
				  owner or operator may not incorporate a zero cost for hazardous wastes, or
				  non-hazardous wastes if applicable under s.
				  NR
				  664.0113(4), that might have economic
				  value.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0144 - Cost estimate for long-term care

Current through June 24, 2024
(1) The owner or
				  operator of a disposal surface impoundment, disposal miscellaneous unit or
				  landfill unit, or of a surface impoundment or waste pile required under ss.
				  NR
				  664.0228 and 664.0258 to prepare a contingent closure
				  and long-term care plan, shall have a detailed written estimate, in current
				  dollars, of the annual cost of long-term care monitoring and maintenance of the
				  facility according to the applicable long-term care rules in ss.
				  NR
				  664.0117 to 664.0120, 664.0228, 664.0258, 664.0310 and
				  664.0603.
(a) The long-term care cost estimate
				  shall be based on the costs to the owner or operator of hiring a third party to
				  conduct long-term care activities. A third party is a party who is neither a
				  parent corporation nor a subsidiary of the owner or operator.
(b) The long-term care cost estimate is
				  calculated by multiplying the annual long-term care cost estimate by the number
				  of years of long-term care required under s.
				  NR
				  664.0117.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0146 - Use of a mechanism for financial assurance of both closure and long-term care

Current through June 24, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for both closure and long-term care for one or more
					 facilities by using an irrevocable trust fund, surety payment or performance
					 bond, deposit with the department, escrow account, letter of credit, insurance
					 or net worth test that meets the specifications for the mechanism in both ss.
					 NR
					 664.0143 and
					 664.0145. The amount of funds
					 available through the mechanism shall be no less than the sum of funds that
					 would be available if a separate mechanism had been established and maintained
					 for financial assurance of closure and of long-term care.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0148 - Incapacity of owners or operators, guarantors or financial institutions

Current through June 24, 2024
(1) An
				  owner or operator shall notify the department by certified mail of the
				  commencement of a voluntary or involuntary bankruptcy proceeding under 11 USC,
				  naming the owner or operator as debtor, within 10 days after commencement of
				  the proceeding.
(2) An owner or
				  operator who fulfills the requirements of s.
				  NR
				  664.0143,
				  664.0145 or by obtaining 664.0147 a
				  trust fund, surety bond, letter of credit or insurance policy will be deemed to
				  be without the required financial assurance or liability coverage in the event
				  of bankruptcy of the trustee or issuing institution, or a suspension or
				  revocation of the authority of the trustee institution to act as trustee or of
				  the institution issuing the surety bond, letter of credit or insurance policy
				  to issue the instruments. The owner or operator shall establish other financial
				  assurance or liability coverage within 60 days after such an event.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 664.0151 - Wording of the instruments

Current through June 24, 2024
(1)
(a) A trust agreement for a trust fund, as
				  specified in s. NR 664.0143 (1), 664.0145 (1), 665.0143 (1) or 665.0145 (1),
				  must be identical to the wording of Form 4430-022 Trust Agreement.
Note:
Form 4430-022 may be obtained from:
http://dnr.wi.gov/topic/Waste/Financial.html
,
					 by E-mail: DNRWasteMaterials@wisconsin.gov, or by phone: (608) 266-2111.
(b) The following is an example of
				  the certification of acknowledgment which must accompany the trust agreement
				  for a trust fund as specified in s. NR 664.0143 (1), 664.0145 (1), 665.0143 (1)
				  or 665.0145 (1).
State of __________
County of ________
On this [date], before me personally came [owner or
					 operator] to me known, who, being by me duly sworn, did depose and say that
					 she/he resides at [address], that she/he is [title] of [corporation], the
					 corporation described in and which executed the above instrument; that she/he
					 knows the seal of said corporation; that the seal affixed to such instrument is
					 such corporate seal; that it was so affixed by order of the Board of Directors
					 of said corporation, and that she/he signed her/his name thereto by like
					 order.
___________________
[Signature of Notary Public]
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0170 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of all
					 hazardous waste facilities that store hazardous waste in containers, except as
					 s.
					 NR
					 664.0001 provides otherwise.
Under ss. NR 661.0007 and 661.0033(3), if a hazardous
						waste is emptied from a container the residue remaining in the container is not
						regulated as hazardous waste if the container is "empty" as defined in s. NR
						661.0007. In that event, management of the container is exempt from the
						requirements of this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0171 - Condition of containers

Current through June 24, 2024
If a container holding hazardous waste is not in good
					 condition (e.g., severe rusting, apparent structural defects) or if it begins
					 to leak, the owner or operator shall transfer the hazardous waste from this
					 container to a container that is in good condition or manage the waste in some
					 other way that complies with the requirements of this
					 chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0172 - Compatibility of waste with containers

Current through June 24, 2024
The owner or operator shall use a container made of or
					 lined with materials which will not react with, and are otherwise compatible
					 with, the hazardous waste to be stored, so that the ability of the container to
					 contain the waste is not impaired.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0173 - Management of containers

Current through June 24, 2024
(1) A container
				  holding hazardous waste shall always be closed during storage, except when it
				  is necessary to add or remove waste.
(2) A container holding hazardous waste may
				  not be opened, handled or stored in a manner which may rupture the container or
				  cause it to leak.
Reuse of containers in transportation is governed by U.S.
						department of transportation regulations including those set forth in
						49 CFR
						173.28.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0174 - Inspections

Current through June 24, 2024
At least weekly, the owner or operator shall inspect areas
					 where containers are stored, looking for leaking containers and for
					 deterioration of containers and the containment system caused by corrosion or
					 other factors. The owner or operator shall comply with ss.
					 NR
					 664.0015(3) and 664.0171 for remedial
					 action required if deterioration or leaks are detected.
See ss.
						NR
						664.0015(3) and for remedial 664.0171
						action required if deterioration or leaks are detected.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0175 - Containment

Current through June 24, 2024
(1) Container storage areas shall have a
				  containment system that is designed and operated in accordance with sub. (2),
				  except as otherwise provided by sub. (3).
(2) A containment system shall be designed
				  and operated to meet all of the following requirements:
(a) A base shall underlie the containers
				  which is free of cracks or gaps and is sufficiently impervious to contain
				  leaks, spills and accumulated precipitation until the collected material is
				  detected and removed.
(b) The base
				  shall be sloped or the containment system shall be otherwise designed and
				  operated to drain and remove liquids resulting from leaks, spills or
				  precipitation, unless the containers are elevated or are otherwise protected
				  from contact with accumulated liquids.
(c) The containment system shall have
				  sufficient capacity to contain 10% of the volume of containers or the volume of
				  the largest container, whichever is greater. Containers that do not contain
				  free liquids need not be considered in this determination.
(d) Run-on into the containment system shall
				  be prevented unless the collection system has sufficient excess capacity in
				  addition to that required in par. (c) to contain any run-on which might enter
				  the system.
(e) Spilled or leaked
				  waste and accumulated precipitation shall be removed from the sump or
				  collection area in as timely a manner as is necessary to prevent overflow of
				  the collection system.
Note: If the collected material is a hazardous waste under
					 ch. NR 661, it shall be managed as a hazardous waste in accordance with all
					 applicable requirements of chs. NR 662 to 666. If the collected material is
					 discharged through a point source to waters of the state, it is subject to the
					 requirements of ss.
					 283.31
					 and
					 283.33,
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0176 - Special requirements for ignitable or reactive waste

Current through June 24, 2024
Containers holding ignitable or reactive waste shall be
					 located at least 15 meters (50 feet) from the facility's property
					 line.
See s.
						NR
						664.0017(1) for additional
						requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0177 - Special requirements for incompatible wastes

Current through June 24, 2024
(1) Incompatible
				  wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for
				  examples) may not be placed in the same container, unless s.
				  NR
				  664.0017(2) is complied
				  with.
(2) Hazardous waste may not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material.
Note: As required by s.
					 NR
					 664.0013, the waste analysis plan shall include
					 analyses needed to comply with this section. Also, s.
					 NR
					 664.0017(3) requires wastes analyses,
					 trial tests or other documentation to assure compliance with s.
					 NR
					 664.0017(2). As required by s.
					 NR 664.0073, the
					 owner or operator shall place the results of each waste analysis and trial
					 test, and any documented information, in the operating record of the
					 facility.
(3) A storage
				  container holding a hazardous waste that is incompatible with any waste or
				  other materials stored nearby in other containers, piles, open tanks or surface
				  impoundments shall be separated from the other materials or protected from them
				  by means of a dike, berm, wall or other device.
The purpose of this section is to prevent fires,
						explosions, gaseous emission, leaching or other discharge of hazardous waste or
						hazardous waste constituents which could result from the mixing of incompatible
						wastes or materials if containers break or leak.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0178 - Closure

Current through June 24, 2024
At closure, all hazardous waste and hazardous waste
					 residues shall be removed from the containment system. Remaining containers,
					 liners, bases and soil containing or contaminated with hazardous waste or
					 hazardous waste residues shall be decontaminated or removed.
At closure, as throughout the operating period, unless
						the owner or operator can demonstrate in accordance with s. NR 661.0003(4) that
						the solid waste removed from the containment system is not a hazardous waste,
						the owner or operator becomes a generator of hazardous waste and shall manage
						it in accordance with all applicable requirements of chs.
						NR
						662 to 666.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 664.0179 - Air emission standards

Current through June 24, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the applicable requirements of subchs.
					 AA, BB and CC.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0190 - Applicability

Current through June 24, 2024
The requirements of this subchapter apply to owners and
					 operators of facilities that use tank systems for storing or treating hazardous
					 waste except as otherwise provided in subs. (1) to (3) or in s.
					 NR
					 664.0001.
(1)
				  Tank systems that are used to store or treat hazardous waste which contains no
				  free liquids and are situated inside a building with an impermeable floor are
				  exempted from the requirements in s.
				  NR
				  664.0193. To demonstrate the absence or presence of
				  free liquids in the stored or treated waste, the following test shall be used:
				  Method 9095B (paint filter liquids test) as described in "Test Methods for
				  Evaluating Solid Waste, Physical/Chemical Methods", EPA SW-846, incorporated by
				  reference in s.
				  NR
				  660.11.
(2) Tank systems, including sumps, as defined
				  in s.
				  NR
				  660.10, that serve as part of a secondary containment
				  system to collect or contain releases of hazardous wastes are exempted from the
				  requirements in s.
				  NR
				  664.0193(1).
(3) Tanks, sumps and other collection devices
				  or systems used in conjunction with drip pads, as defined in s.
				  NR
				  660.10 and regulated under subch. W, shall meet the
				  requirements of this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0191 - Assessment of existing tank system's integrity

Current through June 24, 2024
(1) For each
				  existing tank system that does not have secondary containment meeting the
				  requirements of s.
				  NR
				  664.0193, the owner or operator shall determine that
				  the tank system is not leaking or is unfit for use. Except as provided in sub.
				  (3), the owner or operator shall obtain and keep on file at the facility a
				  written assessment reviewed and certified by a qualified professional engineer,
				  in accordance with s.
				  NR
				  670.011(4), that attests to the tank
				  system's integrity by January 12, 1988.
(2) This assessment shall determine that the
				  tank system is adequately designed and has sufficient structural strength and
				  compatibility with the wastes to be stored or treated, to ensure that it will
				  not collapse, rupture or fail. At a minimum, this assessment shall consider all
				  of the following:
(a) Design
				  standards, if available, according to which the tank and ancillary equipment
				  were constructed.
(b) Hazardous
				  characteristics of the wastes that have been and will be handled.
(c) Existing corrosion protection
				  measures.
(d) Documented age of the
				  tank system, if available (otherwise, an estimate of the age).
(e) Results of a leak test, internal
				  inspection or other tank integrity examination such that:
1. For non-enterable underground tanks, the
				  assessment shall include a leak test that is capable of taking into account the
				  effects of temperature variations, tank end deflection, vapor pockets and high
				  water table effects.
2. For other
				  than non-enterable underground tanks and for ancillary equipment, this
				  assessment shall include either a leak test, as described in subd. 1., or other
				  integrity examination, that is certified by a qualified professional engineer
				  in accordance with s.
				  NR
				  670.011(4), that addresses cracks,
				  leaks, corrosion, and erosion.
Note: The practices described in the American Petroleum
					 Institute (API) Publication, Guide for Inspection of Refinery Equipment,
					 Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks", 4th edition, 1981,
					 may be used, where applicable, as guidelines in conducting other than a leak
					 test.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0193 - Containment and detection of releases

Current through June 24, 2024
(1) In order to
				  prevent the release of hazardous waste or hazardous constituents to the
				  environment, secondary containment that meets the requirements of this section
				  shall be provided, except as provided in subs. (6) and (7):
(a) For all new and existing tank systems or
				  components, prior to their being put into service.
(b) For tank systems that store or treat
				  materials that become hazardous wastes, within two years of the hazardous waste
				  listing, or when the tank system has reached 15 years of age, whichever comes
				  later.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0194 - General operating requirements

Current through June 24, 2024
(1) Hazardous
				  wastes or treatment reagents may not be placed in a tank system if they could
				  cause the tank, its ancillary equipment or the containment system to rupture,
				  leak, corrode or otherwise fail.
(2) The owner or operator shall use
				  appropriate controls and practices to prevent spills and overflows from tank or
				  containment systems. These include at a minimum all of the following:
(a) Spill prevention controls (e.g., check
				  valves, dry disconnect couplings).
(b) Overfill prevention controls (e.g., level
				  sensing devices, high level alarms, automatic feed cutoff or bypass to a
				  standby tank).
(c) Maintenance of
				  sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind
				  action or by precipitation.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0195 - Inspections

Current through June 24, 2024
(1) The owner or operator shall develop and
				  follow a schedule and procedure for inspecting overfill controls.
(2) The owner or operator shall inspect at
				  least once each operating day data gathered from monitoring and leak detection
				  equipment (for example, pressure or temperature gauges, monitoring wells) to
				  ensure that the tank system is being operated according to its design.
Note:
Section
					 NR
					 664.0015(3) requires the owner or
					 operator to remedy any deterioration or malfunction found. Section
					 NR
					 664.0196 requires the owner or operator to notify the
					 department within 24 hours of confirming a leak. Also, if a hazardous substance
					 is released to the environment, 40 CFR part 302 may require the owner or
					 operator to notify the national response center and s.
					 292.11,
					 Stats., and ch. NR 706 may require the owner or operator to notify the
					 department.
(3) In addition,
				  except as noted under sub. (4), the owner or operator shall inspect at least
				  once each operating day:
(a) Above ground
				  portions of the tank system, if any, to detect corrosion or releases of
				  waste.
(b) The construction
				  materials and the area immediately surrounding the externally accessible
				  portion of the tank system, including the secondary containment system (for
				  example, dikes) to detect erosion or signs of releases of hazardous waste (for
				  example, wet spots, dead vegetation).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through June 24, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or which is unfit for use, shall be removed
					 from service immediately, and the owner or operator shall satisfy the following
					 requirements:
(1) CESSATION OF USE;
				  PREVENT FLOW OR ADDITION OF WASTES. The owner or operator shall immediately
				  stop the flow of hazardous waste into the tank system or secondary containment
				  system and inspect the system to determine the cause of the release.
(2) REMOVAL OF WASTE FROM TANK SYSTEM OR
				  SECONDARY CONTAINMENT SYSTEM.
(a) If the
				  release was from the tank system, the owner or operator shall, within 24 hours
				  after detection of the leak or, if the owner or operator demonstrates that it
				  is not possible, at the earliest practicable time, remove as much of the waste
				  as is necessary to prevent further release of hazardous waste to the
				  environment and to allow inspection and repair of the tank system to be
				  performed.
(b) If the material
				  released was to a secondary containment system, all released materials shall be
				  removed within 24 hours or in as timely a manner as is possible to prevent harm
				  to human health and the environment.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0197 - Closure and long-term care

Current through June 24, 2024
(1) At closure of a
				  tank system, the owner or operator shall remove or decontaminate all waste
				  residues, contaminated containment system components (liners, etc.),
				  contaminated soils, and structures and equipment contaminated with waste, and
				  manage them as hazardous waste, unless s. NR 661.0003(4) applies. The closure
				  plan, closure activities, cost estimates for closure, and financial
				  responsibility for tank systems shall meet all of the requirements specified in
				  subchs. G and H.
(2) If the owner
				  or operator demonstrates that not all contaminated soils can be practicably
				  removed or decontaminated as required in sub. (1), then the owner or operator
				  shall close the tank system and perform long-term care in accordance with the
				  closure and long-term care requirements that apply to landfills (s.
				  NR
				  664.0310 ). In addition, for the purposes of closure,
				  long-term care and financial responsibility, such a tank system is then
				  considered to be a landfill, and the owner or operator shall meet all of the
				  requirements for landfills specified in subchs. G and H.
(3) If an owner or operator has a tank system
				  that does not have secondary containment that meets the requirements of s.
				  NR
				  664.0193(2) to (6) and has not been
				  granted a variance from the secondary containment requirements in accordance
				  with s.
				  NR
				  664.0193(7), then:
(a) The closure plan for the tank system
				  shall include both a plan for complying with sub. (1) and a contingent plan for
				  complying with sub. (2).
(b) A
				  contingent long-term care plan for complying with sub. (2) shall be prepared
				  and submitted as part of the feasibility and plan of operation
				  report.
(c) The cost estimates
				  calculated for closure and long-term care shall reflect the costs of complying
				  with the contingent closure plan and the contingent long-term care plan, if
				  those costs are greater than the costs of complying with the closure plan
				  prepared for the expected closure under sub. (1).
(d) Financial assurance shall be based on the
				  cost estimates in par. (c).
(e) For
				  the purposes of the contingent closure and long-term care plans, such a tank
				  system is considered to be a landfill, and the contingent plans shall meet all
				  of the closure, long-term care and financial responsibility requirements for
				  landfills under subchs. G and H.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0198 - Special requirements for ignitable or reactive wastes

Current through June 24, 2024
(1) Ignitable or
				  reactive waste may not be placed in tank systems, unless par. (a), (b) or (c)
				  applies:
(a) The waste is treated, rendered
				  or mixed before or immediately after placement in the tank system so that all
				  of the following apply:
1. The resulting
				  waste, mixture or dissolved material no longer meets the definition of
				  ignitable or reactive waste under s. NR 661.0021 or 661.0023.
2. Section
				  NR
				  664.0017(2) is complied
				  with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0199 - Special requirements for incompatible wastes

Current through June 24, 2024
(1) Incompatible
				  wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for
				  examples), may not be placed in the same tank system, unless s.
				  NR
				  664.0017(2) is complied
				  with.
(2) Hazardous waste may not
				  be placed in a tank system that has not been decontaminated and that previously
				  held an incompatible waste or material, unless s.
				  NR
				  664.0017(2) is complied
				  with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 664.0200 - Air emission standards

Current through June 24, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the applicable requirements of subchs. AA,
					 BB and CC.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0220 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of
					 facilities that use surface impoundments to treat, store or dispose of
					 hazardous waste except as s.
					 NR
					 664.0001 provides otherwise.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0221 - Design and operating requirements

Current through June 24, 2024
(1) Any surface
				  impoundment that is not covered by sub. (3) or s.
				  NR
				  665.0221 shall have a liner for all portions of the
				  impoundment (except for existing portions of the impoundment). The liner shall
				  be designed, constructed and installed to prevent any migration of wastes out
				  of the impoundment to the adjacent subsurface soil or groundwater or surface
				  water at any time during the active life (including the closure period) of the
				  impoundment. The liner may be constructed of materials that may allow wastes to
				  migrate into the liner (but not into the adjacent subsurface soil or
				  groundwater or surface water) during the active life of the facility, provided
				  that the impoundment is closed in accordance with s.
				  NR 664.0228(1)
				  (a). For impoundments that will be closed in
				  accordance with s.
				  NR 664.0228(1)
				  (b), the liner shall be constructed of
				  materials that can prevent wastes from migrating into the liner during the
				  active life of the facility. The liner shall be all of the following:
(a) Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation and the
				  stress of daily operation.
(b)
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression or uplift.
(c) Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0222 - Action leakage rate

Current through June 24, 2024
(1) The department shall approve an action
				  leakage rate for surface impoundment units subject to s.
				  NR 664.0221(3)
				  or (4). The action leakage rate is the
				  maximum design flow rate that the leak detection system can remove without the
				  fluid head on the bottom liner exceeding one foot. The action leakage rate
				  shall include an adequate safety margin to allow for uncertainties in the
				  design (e.g., slope, hydraulic conductivity, thickness of drainage material),
				  construction, operation and location of the leak detection system, waste and
				  leachate characteristics, likelihood and amounts of other sources of liquids in
				  the leak detection system and proposed response actions (e.g., the action
				  leakage rate shall consider decreases in the flow capacity of the system over
				  time resulting from siltation and clogging, rib layover and creep of synthetic
				  components of the system, overburden pressures, etc.).
(2) To determine if the action leakage rate
				  has been exceeded, the owner or operator shall convert the weekly or monthly
				  flow rate from the monitoring data obtained under s.
				  NR
				  664.0226(4) to an average daily flow
				  rate (gallons per acre per day) for each sump. Unless the department approves a
				  different calculation, the average daily flow rate for each sump shall be
				  calculated weekly during the active life and closure period, and if the unit is
				  closed in accordance with s.
				  NR
				  664.0228(2), monthly during the
				  long-term care period when monthly monitoring is required under s.
				  NR
				  664.0226(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0223 - Response actions

Current through June 24, 2024
(1) The owner or operator of surface
				  impoundment units subject to s.
				  NR 664.0221(3)
				  or (4) shall have an approved response action
				  plan before receipt of waste. The response action plan shall set forth the
				  actions to be taken if the action leakage rate has been exceeded. At a minimum,
				  the response action plan shall describe the actions specified in sub.
				  (2).
(2) If the flow rate into the
				  leak detection system exceeds the action leakage rate for any sump, the owner
				  or operator shall do all of the following:
(a) Notify the department in writing of the
				  exceedence within 7 days of the determination.
(b) Submit a preliminary written assessment
				  to the department within 14 days of the determination, as to the amount of
				  liquids, likely sources of liquids, possible location, size and cause of any
				  leaks and short-term actions taken and planned.
(c) Determine to the extent practicable the
				  location, size and cause of any leak.
(d) Determine whether waste receipt should
				  cease or be curtailed, whether any waste should be removed from the unit for
				  inspection, repairs or controls and whether or not the unit should be
				  closed.
(e) Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any
				  leaks.
(f) Within 30 days after the
				  notification that the action leakage rate has been exceeded, submit to the
				  department the results of the analyses specified in pars. (c), (d) and (e), the
				  results of actions taken and actions planned. Monthly thereafter, as long as
				  the flow rate in the leak detection system exceeds the action leakage rate, the
				  owner or operator shall submit to the department a report summarizing the
				  results of any remedial actions taken and actions planned.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0226 - Monitoring and inspection

Current through June 24, 2024
(1) During
				  construction and installation, liners (except in the case of existing portions
				  of surface impoundments exempt from s.
				  NR
				  664.0221(1) ) and cover systems
				  (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage
				  and imperfections (e.g., holes, cracks, thin spots or foreign materials). Both
				  of the following inspections are required immediately after construction or
				  installation:
(a) Synthetic liners and covers
				  shall be inspected, to ensure tight seams and joints and the absence of tears,
				  punctures or blisters.
(b)
				  Soil-based and admixed liners and covers shall be inspected for imperfections
				  including lenses, cracks, channels, root holes or other structural
				  non-uniformities that may cause an increase in the permeability of the liner or
				  cover.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0227 - Emergency repairs; contingency plans

Current through June 24, 2024
(1) A surface
				  impoundment shall be removed from service in accordance with sub. (2) when
				  either of the following occurs:
(a) The level
				  of liquids in the impoundment suddenly drops and the drop is not known to be
				  caused by changes in the flows into or out of the impoundment.
(b) The dike leaks.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 664.0228 - Closure and long-term care

Current through June 24, 2024
(1) At closure, the
				  owner or operator shall comply with either par. (a) or (b):
(a) Remove or decontaminate all waste
				  residues, contaminated containment system components (liners, etc.),
				  contaminated subsoils and structures and equipment contaminated with waste and
				  leachate, and manage them as hazardous waste unless s. NR 661.0003(4)
				  applies.
(b) Do all of the
				  following:
1. Eliminate free liquids by
				  removing liquid wastes or solidifying the remaining wastes and waste
				  residues.
2. Stabilize remaining
				  wastes to a bearing capacity sufficient to support final cover.
3. Cover the surface impoundment with a final
				  cover designed and constructed to do all of the following:
a. Provide long-term minimization of the
				  migration of liquids through the closed impoundment.
b. Function with minimum
				  maintenance.
c. Promote drainage
				  and minimize erosion or abrasion of the final cover.
d. Accommodate settling and subsidence so
				  that the cover's integrity is maintained.
e. Have a permeability less than or equal to
				  the permeability of any bottom liner system or natural subsoils
				  present.