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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 C - Preparedness and Prevention › Section NR 664.0030 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of all
					 hazardous waste facilities, 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 C - Preparedness and Prevention › Section NR 664.0031 - Design and operation of facility

Current through June 24, 2024
Facilities shall be designed, constructed, maintained and
					 operated to minimize the possibility of a fire, explosion or any unplanned
					 sudden or non-sudden release of hazardous waste or hazardous waste constituents
					 to air, soil or surface water which could threaten human health or 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 C - Preparedness and Prevention › Section NR 664.0032 - Required equipment

Current through June 24, 2024
All facilities shall be equipped with all of the following,
					 unless it can be demonstrated to the department that none of the hazards posed
					 by waste handled at the facility could require any of the following particular
					 kinds of equipment:
(1) An internal
				  communications or alarm system capable of providing immediate emergency
				  instruction (voice or signal) to facility personnel.
(2) A device, such as a telephone
				  (immediately available at the scene of operations) or a hand-held 2-way radio,
				  capable of summoning emergency assistance from local police departments, fire
				  departments or state or local emergency response teams.
(3) Portable fire extinguishers, fire control
				  equipment (including special extinguishing equipment, such as that using foam,
				  inert gas or dry chemicals), spill control equipment and decontamination
				  equipment.
(4) Water at adequate
				  volume and pressure to supply water hose streams, foam producing equipment,
				  automatic sprinklers or water spray systems.
Chapter
						NR 670 requires that an owner or
						operator who wishes to make the demonstration referred to in this section shall
						do so with the feasibility and plan of operation report.
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 C - Preparedness and Prevention › Section NR 664.0033 - Testing and maintenance of equipment

Current through June 24, 2024
All facility communications or alarm systems, fire
					 protection equipment, spill control equipment and decontamination equipment,
					 where required, shall be tested and maintained as necessary to assure its
					 proper operation in time of emergency.
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 C - Preparedness and Prevention › Section NR 664.0034 - Access to communications or alarm system

Current through June 24, 2024
(1) Whenever
				  hazardous waste is being poured, mixed, spread or otherwise handled, all
				  personnel involved in the operation shall have immediate access to an internal
				  alarm or emergency communication device, either directly or through visual or
				  voice contact with another employee, unless the department has ruled that such
				  a device is not required under s.
				  NR
				  664.0032.
(2) If there is ever just one employee on the
				  premises while the facility is operating, that employee shall have immediate
				  access to a device, such as a telephone (immediately available at the scene of
				  operation) or a hand-held 2-way radio, capable of summoning external emergency
				  assistance, unless the department has ruled that such a device is not required
				  under s.
				  NR
				  664.0032.
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 C - Preparedness and Prevention › Section NR 664.0035 - Required aisle space

Current through June 24, 2024
The owner or operator shall maintain aisle space to allow
					 the unobstructed movement of personnel, fire protection equipment, spill
					 control equipment and decontamination equipment to any area of facility
					 operation in an emergency, unless it can be demonstrated to the department that
					 aisle space is not needed for any of these purposes.
Chapter
						NR 670 requires that an owner or
						operator who wishes to make the demonstration referred to in this section must
						do so with the feasibility and plan of operation report.
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 C - Preparedness and Prevention › Section NR 664.0037 - Arrangements with local authorities

Current through June 24, 2024
(1) The owner or
				  operator shall attempt to make all of the following arrangements, as
				  appropriate for the type of waste handled at the facility and the potential
				  need for the services of these organizations:
(a) Arrangements to familiarize police, fire
				  departments and emergency response teams with the layout of the facility,
				  properties of hazardous waste handled at the facility and associated hazards,
				  places where facility personnel would normally be working, entrances to and
				  roads inside the facility and possible evacuation routes.
(b) Where more than one police and fire
				  department might respond to an emergency, agreements designating primary
				  emergency authority to a specific police and a specific fire department, and
				  agreements with any others to provide support to the primary emergency
				  authority.
(c) Agreements with
				  state emergency response teams, emergency response contractors and equipment
				  suppliers.
(d) Arrangements to
				  familiarize local hospitals with the properties of hazardous waste handled at
				  the facility and the types of injuries or illnesses which could result from
				  fires, explosions or releases at the facility.
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 D - Contingency Plan and Emergency Procedures › Section NR 664.0050 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of all
					 hazardous waste facilities, 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 D - Contingency Plan and Emergency Procedures › Section NR 664.0051 - Purpose and implementation of contingency plan

Current through June 24, 2024
(1) The owner or
				  operator shall have a contingency plan for the facility. The contingency plan
				  shall be designed to minimize hazards to human health or the environment from
				  fires, explosions or any unplanned sudden or non-sudden release of hazardous
				  waste or hazardous waste constituents to air, soil or surface water.
(2) The provisions of the plan shall be
				  carried out immediately whenever there is a fire, explosion or release of
				  hazardous waste or hazardous waste constituents which could threaten human
				  health or 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 D - Contingency Plan and Emergency Procedures › Section NR 664.0053 - Copies of contingency plan

Current through June 24, 2024
A copy of the contingency plan and all revisions to the
					 plan shall be:
(1) Maintained at the
				  facility.
(2) Submitted to all
				  local police departments, fire departments, hospitals and state and local
				  emergency response teams that may be called upon to provide emergency
				  services.
The contingency plan shall be submitted to the department
						with the feasibility and plan of operation report under ch. NR 670 and, after
						modification or approval, will become a condition of any approval or
						modification issued.
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 D - Contingency Plan and Emergency Procedures › Section NR 664.0054 - Amendment of contingency plan

Current through June 24, 2024
The contingency plan shall be reviewed, and immediately
					 amended, if necessary, whenever any of the following occurs:
(1) The facility license is
				  revised.
(2) The plan fails in an
				  emergency.
(3) The facility
				  changes-in its design, construction, operation, maintenance or other
				  circumstances-in a way that materially increases the potential for fires,
				  explosions or releases of hazardous waste or hazardous waste constituents, or
				  changes the response necessary in an emergency.
(4) The list of emergency coordinators
				  changes.
(5) The list of emergency
				  equipment changes.
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 D - Contingency Plan and Emergency Procedures › Section NR 664.0055 - Emergency coordinator

Current through June 24, 2024
At all times, there shall be at least one employee either
					 on the facility premises or on call (i.e., available to respond to an emergency
					 by reaching the facility within a short period of time) with the responsibility
					 for coordinating all emergency response measures. This emergency coordinator
					 shall be thoroughly familiar with all aspects of the facility's contingency
					 plan, all operations and activities at the facility, the location and
					 characteristics of waste handled, the location of all records within the
					 facility and the facility layout. In addition, this person shall have the
					 authority to commit the resources needed to carry out the contingency
					 plan.
The emergency coordinator's responsibilities are more
						fully spelled out in s.
						NR 664.0056.
						Applicable responsibilities for the emergency coordinator vary, depending on
						factors such as type and variety of wastes handled by the facility, and type
						and complexity of the facility.
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 D - Contingency Plan and Emergency Procedures › Section NR 664.0056 - Emergency procedures

Current through June 24, 2024
(1) Whenever there is an imminent or actual
				  emergency situation, the emergency coordinator (or a designee when the
				  emergency coordinator is on call) shall immediately do all of the following:
(a) Activate internal facility alarms or
				  communication systems, where applicable, to notify all facility
				  personnel.
(b) Notify appropriate
				  state or local agencies with designated response roles if their help is
				  needed.
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0070 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of both
					 on-site and off-site facilities, except as s.
					 NR
					 664.0001 provides otherwise. Sections
					 NR
					 664.0071,
					 664.0072 and do not 664.0076 apply
					 to owners and operators of on-site facilities that do not receive any hazardous
					 waste from off-site sources, and to owners and operators of off-site facilities
					 with respect to waste military munitions exempted from manifest requirements
					 under s.
					 NR
					 666.203(1). Section
					 NR
					 664.0073(2) only applies to licensees
					 who treat, store or dispose of hazardous wastes on-site where the wastes were
					 generated.
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0072 - Manifest discrepancies

Current through June 24, 2024
(1) Manifest
				  discrepancies are any of the following:
(a)
				  Significant differences, as defined by sub. (2), between the quantity or type
				  of hazardous waste designated on the manifest or shipping paper, and the
				  quantity or type of hazardous waste a facility actually receives.
(b) Rejected wastes, which may be a full or
				  partial shipment of hazardous waste that the treatment, storage or disposal
				  facility cannot accept.
(c)
				  Container residues, which are residues that exceed the quantity limits for
				  empty containers set forth in s. NR 661.0007(2).
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0074 - Availability, retention and disposition of records

Current through June 24, 2024
(1) All records,
				  including plans, required under this chapter shall be furnished upon request,
				  and made available at all reasonable times for inspection, by any officer,
				  employee or representative of the department.
(2) The retention period for all records
				  required under this chapter is extended automatically during the course of any
				  unresolved enforcement action regarding the facility or as requested by the
				  department.
(3) A copy of records
				  of waste disposal locations and quantities under s.
				  NR 664.0073(2)
				  (b) shall be submitted to the department and
				  local land authority upon closure of the facility.
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0075 - Annual report

Current through June 24, 2024
The owner or operator shall prepare and submit a single
					 copy of an annual report to the department by March 1 of each year. The annual
					 report shall be submitted on department forms, shall cover facility activities
					 during the previous calendar year and shall, at a minimum, include all of the
					 following:
(1) The EPA identification
				  number, name and address of the facility.
(2) The calendar year covered by the
				  report.
(3) For off-site
				  facilities, the EPA identification number of each hazardous waste generator
				  from which the facility received a hazardous waste during the year. For
				  imported shipments, the report shall give the name and address of the foreign
				  generator.
(4) A description and
				  the quantity of each hazardous waste the facility received during the year. For
				  off-site facilities, this information shall be listed by EPA identification
				  number of each generator.
(5) The
				  method of treatment, storage or disposal for each hazardous waste.
(7) The most recent closure cost estimate
				  under s.
				  NR
				  664.0142, and, for disposal facilities, the most
				  recent long-term care cost estimate under s.
				  NR
				  664.0144.
(8) For generators who treat, store or
				  dispose of hazardous waste on-site, a description of the efforts undertaken
				  during the year to reduce the volume and toxicity of waste generated.
(9) For generators who treat, store or
				  dispose of hazardous waste on-site, a description of the changes in volume and
				  toxicity of waste actually achieved during the year in comparison to previous
				  years to the extent the information is available for the years prior to
				  1984.
(10) The certification signed
				  by the owner or operator of the facility or an authorized
				  representative.
Information on annual reporting is available at:
http://dnr.wi.gov/topic/Waste/AnnualReport.html
.
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0076 - Unmanifested waste report

Current through June 24, 2024
(1) If a facility
				  accepts for treatment, storage or disposal any hazardous waste from an off-site
				  source without an accompanying manifest, or without an accompanying shipping
				  paper as described in s.
				  NR
				  663.20(5), and if the waste is not
				  excluded from the manifest requirement by chs. NR 660 to
				  679, then the owner or operator
				  shall prepare and submit a report to the department within 15 days after
				  receiving the waste. The unmanifested waste report shall contain all of the
				  following information:
(a) The EPA
				  identification number, name and address of the facility.
(b) The date the facility received the
				  waste.
(c) The EPA identification
				  number, name and address of the generator and the transporter, if
				  available.
(d) A description and
				  the quantity of each unmanifested hazardous waste the facility
				  received.
(e) The method of
				  treatment, storage or disposal for each hazardous waste.
(f) The certification signed by the owner or
				  operator of the facility or an authorized representative.
(g) A brief explanation of why the waste was
				  unmanifested, if known.
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 E - Manifest System, Recordkeeping and Reporting › Section NR 664.0077 - Additional reports

Current through June 24, 2024
In addition to submitting the annual reports and
					 unmanifested waste reports described in ss.
					 NR
					 664.0075 and 664.0076, the owner or operator shall
					 also report all of the following to the department:
(1) Releases, fires and explosions as
				  specified in s.
				  NR
				  664.0056(9).
(2) Facility closures specified in s.
				  NR
				  664.0115.
(3) Other information as required by subchs.
				  F, K to N, 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 F - Releases From Solid Waste Management Units › Section NR 664.0090 - Applicability

Current through June 24, 2024
Note: Groundwater monitoring requirements in chs.
					 NR
					 140 and
					 141 also apply.
(1)
(a)
				  Except as provided in sub. (2), this subchapter applies to owners or operators
				  of facilities that treat, store or dispose of hazardous waste. The owner or
				  operator shall satisfy the requirements identified in par. (b) for all wastes
				  (or constituents thereof) contained in solid waste management units at the
				  facility, regardless of the time at which waste was placed in the
				  units.
(b) All solid waste
				  management units shall comply with the requirements in s.
				  NR
				  664.0101. A surface impoundment or waste pile unit or
				  landfill that receives hazardous waste after July 26, 1982 (in this subchapter,
				  referred to as a "regulated unit") shall comply with the requirements of ss.
				  NR 664.0091 to
				  in lieu 664.0100 of s.
				  NR
				  664.0101 for purposes of detecting, characterizing and
				  responding to releases to the uppermost aquifer. The financial responsibility
				  requirements of s.
				  NR
				  664.0101 apply to regulated units.
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 F - Releases From Solid Waste Management Units › Section NR 664.0091 - Required programs

Current through June 24, 2024
(1) Owners and operators subject to this
				  subchapter shall conduct a monitoring and response program according to the
				  following:
(a) Whenever hazardous
				  constituents under s.
				  NR
				  664.0093 from a regulated unit are detected at a point
				  of standards application under s.
				  NR
				  664.0095, the owner or operator shall institute a
				  compliance monitoring program under s.
				  NR
				  664.0099. Detected is defined as statistically
				  significant evidence of contamination as described in s.
				  NR
				  664.0098(6).
(b) Whenever the groundwater protection
				  standard under s.
				  NR
				  664.0092 is exceeded, the owner or operator shall
				  institute a corrective action program under s.
				  NR
				  664.0100. Exceeded is defined as statistically
				  significant evidence of increased contamination as described in s.
				  NR
				  664.0099(4).
(c) Whenever hazardous constituents under s.
				  NR
				  664.0093 from a regulated unit exceed concentration
				  limits under s.
				  NR 664.0094
				  in ground water between the point of standards application under s.
				  NR
				  664.0095 and the downgradient facility property
				  boundary, the owner or operator shall institute a corrective action program
				  under s.
				  NR
				  664.0100.
(d) In all other cases, the owner or operator
				  shall institute a detection monitoring program under s.
				  NR
				  664.0098.
(e) Chemical and physical samples shall be
				  analyzed by a laboratory certified or registered under ch. NR 149, except for
				  field analyses for pH, specific conductance and temperature.
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 F - Releases From Solid Waste Management Units › Section NR 664.0092 - Groundwater protection standard

Current through June 24, 2024
The owner or operator shall comply with conditions
					 specified in the facility license that are designed to ensure that hazardous
					 constituents under s.
					 NR
					 664.0093 detected in the ground water from a regulated
					 unit do not exceed the concentration limits under s.
					 NR 664.0094
					 or the enforcement standards listed in ch. NR 140, whichever are more
					 stringent, in the uppermost aquifer underlying the waste management area beyond
					 the point of standards application under s.
					 NR
					 664.0095 during the compliance period under s.
					 NR 664.0096.
					 The department shall establish this groundwater protection standard in the
					 license when hazardous constituents have been detected in the
					 groundwater.
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 F - Releases From Solid Waste Management Units › Section NR 664.0093 - Hazardous constituents

Current through June 24, 2024
(1) The department
				  shall specify in the facility license the hazardous constituents to which the
				  groundwater protection standard of s.
				  NR
				  664.0092 applies. Hazardous constituents are
				  constituents identified in ch. NR 661 Appendix VIII, that have been detected in
				  groundwater in the uppermost aquifer underlying a regulated unit and that are
				  reasonably expected to be in or derived from waste contained in a regulated
				  unit, unless the department has excluded them under sub. (2).
(2) The department shall exclude a ch. NR 661
				  Appendix VIII constituent from the list of hazardous constituents specified in
				  the license if it finds that the constituent is not capable of posing a
				  substantial present or potential hazard to human health or the environment. In
				  deciding whether to grant an exemption, the department shall consider all of
				  the following:
(a) Potential adverse effects
				  on groundwater quality, considering all of the following:
1. The physical and chemical characteristics
				  of the waste in the regulated unit, including its potential for
				  migration.
2. The hydrogeological
				  characteristics of the facility and surrounding land.
3. The quantity of groundwater and the
				  direction of groundwater flow.
4.
				  The proximity and withdrawal rates of groundwater users.
5. The current and future uses of groundwater
				  in the area.
6. The existing
				  quality of groundwater, including other sources of contamination and their
				  cumulative impact on the groundwater quality.
7. The potential for health risks caused by
				  human exposure to waste constituents.
8. The potential damage to wildlife, crops,
				  vegetation and physical structures caused by exposure to waste
				  constituents.
9. The persistence
				  and permanence of the potential adverse effects.
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 F - Releases From Solid Waste Management Units › Section NR 664.0094 - Concentration limits

Current through June 24, 2024
(1) The department shall specify in the
				  facility license concentration limits in the groundwater for hazardous
				  constituents established under s.
				  NR
				  664.0093. The concentration that is specified for a
				  hazardous constituent shall meet the following conditions:
(a) May not exceed the background level of
				  that constituent in the groundwater at the time that the limit is specified in
				  the license.
(b) For any of the
				  constituents listed in Table 1, may not exceed the respective value given in
				  that table if the background level of the constituent is below the value given
				  in Table 1.
Table 1
Maximum Concentration of Constituents for
					 Groundwater Protection
Constituent
Maximum
								  concentration1
Arsenic..............................
0.05
Barium ..............................
1.0
Cadmium ............................
0.01
Chromium............................
0.05
Lead ................................
0.05
Mercury .............................
0.002
Selenium.............................
0.01
Silver ...............................
0.05
Endrin (1,2,3,4,10,10-Hexa-
chloro-1,7-epoxy
								  1,4,4a,5,6,7,8,9a-octa-hydro-1,4-endo,
								  endo-5,8-dimethano-naphthalene)...................
0.0002
Lindane (1,2,3,4,5,6-Hexachlorocyclohex-ane,
								  gamma isomer).................
0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis
(p-methoxyphenylethane) ............
0.1
Toxaphene
								  (C10H10Cl8,
								  Technical chlorinated camphene, 67-69 percent chlorine)
0.005
2,4-D (2,4-Dichlorophenoxyacetic acid) . .
								  .
0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxy-propionic
								  acid) .....................
0.01
1 Milligrams per liter.
(c) May not exceed an alternate limit
				  established by the department under sub. (2).
(d) May not exceed the enforcement standards
				  established under ch. NR 140, except as provided by s.
				  NR
				  140.28.
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 F - Releases From Solid Waste Management Units › Section NR 664.0095 - Point of standards application

Current through June 24, 2024
(1) The department
				  shall specify in the facility license the point of standards application at
				  which the groundwater protection standard of s.
				  NR
				  664.0092 applies and at which monitoring shall be
				  conducted. The point of standards application is a vertical surface located at
				  the hydraulically downgradient limit of the waste management area that extends
				  down into the uppermost aquifer underlying the regulated units.
(2) The waste management area is the limit
				  projected in the horizontal plane of the area on which waste will be placed
				  during the active life of a regulated unit.
(a) The waste management area includes
				  horizontal space taken up by any liner, dike or other barrier designed to
				  contain waste in a regulated unit.
(b) If the facility contains more than one
				  regulated unit, an imaginary line circumscribing the several regulated units
				  describes the waste management area.
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 F - Releases From Solid Waste Management Units › Section NR 664.0096 - Compliance period

Current through June 24, 2024
(1) The department shall specify in the
				  facility license the compliance period during which the groundwater protection
				  standard of s.
				  NR
				  664.0092 applies. The compliance period is the number
				  of years equal to the active life of the waste management area (including any
				  waste management activity prior to licensing, and the closure
				  period.)
(2) The compliance period
				  begins when the owner or operator initiates a compliance monitoring program
				  meeting the requirements of s.
				  NR
				  664.0099.
(3) If the owner or operator is engaged in a
				  corrective action program at the end of the compliance period specified in sub.
				  (1), the compliance period is extended until the owner or operator can
				  demonstrate that the groundwater protection standard of s.
				  NR
				  664.0092 has not been exceeded for a period of 3
				  consecutive years.
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 F - Releases From Solid Waste Management Units › Section NR 664.0097 - General groundwater monitoring requirements

Current through June 24, 2024
The owner or operator shall comply with the following
					 requirements for any groundwater monitoring program developed to satisfy s.
					 NR
					 664.0098,
					 664.0099 or
					 664.0100:
(1) The groundwater monitoring system shall
				  consist of a sufficient number of wells, installed at appropriate locations and
				  depths to yield groundwater samples from the uppermost aquifer that do all of
				  the following:
(a) Represent the quality of
				  background water that has not been affected by leakage from a regulated unit. A
				  determination of background quality may include sampling of wells that are not
				  hydraulically upgradient of the waste management area where all of the
				  following conditions are met:
1.
				  Hydrogeologic conditions do not allow the owner or operator to determine what
				  wells are hydraulically upgradient.
2. Sampling at other wells shall provide an
				  indication of background groundwater quality that is representative or more
				  representative than that provided by the upgradient wells.
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 F - Releases From Solid Waste Management Units › Section NR 664.0098 - Detection monitoring program

Current through June 24, 2024
An owner or operator required to establish a detection
					 monitoring program under this subchapter shall, at a minimum, discharge all of
					 the following responsibilities:
(1)
				  The owner or operator shall monitor for indicator parameters (e.g., specific
				  conductance, total organic carbon or total organic halogen), waste constituents
				  or reaction products that provide a reliable indication of the presence of
				  hazardous constituents in groundwater. The department shall specify the
				  parameters or constituents to be monitored in the facility license, after
				  considering all of the following factors:
(a)
				  The types, quantities and concentrations of constituents in wastes managed at
				  the regulated unit.
(b) The
				  mobility, stability and persistence of waste constituents or their reaction
				  products in the unsaturated zone beneath the waste management area.
(c) The detectability of indicator
				  parameters, waste constituents and reaction products in groundwater.
(d) The concentrations or values and
				  coefficients of variation of proposed monitoring parameters or constituents in
				  the groundwater background.
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 F - Releases From Solid Waste Management Units › Section NR 664.0099 - Compliance monitoring program

Current through June 24, 2024
An owner or operator required to establish a compliance
					 monitoring program under this subchapter shall, at a minimum, do all of the
					 following:
(1) The owner or operator
				  shall monitor the groundwater to determine whether regulated units are in
				  compliance with the groundwater protection standard under s.
				  NR
				  664.0092. The department shall specify the groundwater
				  protection standard in the facility license, including all of the following:
(a) A list of the hazardous constituents
				  identified under s.
				  NR
				  664.0093.
(b) Concentration limits under s.
				  NR 664.0094
				  for each of those hazardous constituents.
(c) The point of standards application under
				  s.
				  NR
				  664.0095.
(d) The compliance period under s.
				  NR
				  664.0096.
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 F - Releases From Solid Waste Management Units › Section NR 664.0100 - Corrective action program

Current through June 24, 2024
An owner or operator required to establish a corrective
					 action program under this subchapter shall, at a minimum, do all of the
					 following:
(1) The owner or operator
				  shall take corrective action to ensure that regulated units are in compliance
				  with the groundwater protection standard under s.
				  NR
				  664.0092. The department shall specify the groundwater
				  protection standard in the facility license, including all of the following:
(a) A list of the hazardous constituents
				  identified under s.
				  NR
				  664.0093.
(b) Concentration limits under s.
				  NR 664.0094
				  for each of those hazardous constituents.
(c) The point of standards application under
				  s.
				  NR
				  664.0095.
(d) The compliance period under s.
				  NR
				  664.0096.
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 F - Releases From Solid Waste Management Units › Section NR 664.0101 - Corrective action for solid waste management units

Current through June 24, 2024
(1) The owner or
				  operator of a facility seeking a license for the treatment, storage or disposal
				  of hazardous waste shall institute corrective action as necessary to protect
				  human health and the environment for all releases of hazardous waste or
				  constituents from any solid waste management unit at the facility, regardless
				  of the time at which waste was placed in the unit.
(2) Corrective action shall be specified in
				  the license in accordance with this section and subch. S. The license shall
				  contain schedules of compliance for the corrective action, where the corrective
				  action cannot be completed prior to issuance of the license, and assurances of
				  financial responsibility for completing the corrective action. Corrective
				  action requirements shall be consistent with s.
				  291.37, Stats.
				  Financial assurance requirements regarding corrective action requirements shall
				  be consistent with s.
				  289.41(2) to
				  (12), Stats.
(3) The owner or operator shall implement
				  corrective actions beyond the facility property boundary, where necessary to
				  protect human health and the environment, unless the owner or operator
				  demonstrates to the satisfaction of the department that, despite the owner's or
				  operator's best efforts, the owner or operator was unable to obtain the
				  necessary permission to undertake the actions. The owner or operator is not
				  relieved of all responsibility to clean up a release that has migrated beyond
				  the facility boundary where off-site access is denied. On-site measures to
				  address the releases shall be determined on a case-by-case basis. Assurances of
				  financial responsibility for the corrective action shall be provided.
(4) The requirements of this section do not
				  apply to remediation waste management sites unless they are part of a facility
				  subject to a license for treating, storing or disposing of hazardous wastes
				  that are not remediation wastes.
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 664.0110 - Applicability

Current through June 24, 2024
Except as s.
					 NR
					 664.0001 provides otherwise:
(1) Sections
				  NR
				  664.0111 to
				  664.0115 (which concern closure)
				  apply to the owners and operators of all hazardous waste management
				  facilities.
(2) Sections
				  NR
				  664.0116 to
				  664.0120 (which concern long-term
				  care) apply to the owners and operators of all of the following:
(a) All hazardous waste disposal
				  facilities.
(b) Waste 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 s.
				  NR
				  664.0228 or
				  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 G - Closure and Long-Term Care › Section NR 664.0111 - Closure performance standard

Current through June 24, 2024
The owner or operator shall close the facility in a manner
					 that does all of the following:
(1)
				  Minimizes the need for further maintenance.
(2) Controls, minimizes or eliminates, to the
				  extent necessary to protect human health and the environment, post-closure
				  escape of hazardous waste, hazardous constituents, leachate, contaminated
				  run-off or hazardous waste decomposition products to the ground or surface
				  waters or to the atmosphere.
(3)
				  Complies with the closure requirements of this subchapter, including, but not
				  limited to, the requirements of ss.
				  NR
				  664.0178,
				  664.0197,
				  664.0228,
				  664.0258,
				  664.0310,
				  664.0351,
				  664.0601 to
				  664.0603 and
				  664.1102.
(4) Meets, in the case of a landfill or
				  surface impoundment, applicable requirements in ch. NR 140 and applicable soil
				  cleanup standards in ch. NR 720 or meets the applicable closure requirements of
				  sub. (2) or (3), whichever are more stringent.
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 664.0112 - Closure plan; amendment of plan

Current through June 24, 2024
(1) WRITTEN PLAN.
(a) The owner or operator of a hazardous
				  waste management facility shall have a written closure plan. In addition,
				  certain surface impoundments and waste piles from which the owner or operator
				  intends to remove or decontaminate the hazardous waste at partial or final
				  closure are required by ss.
				  NR 664.0228(3) (a)
				  1. and 664.0258(3) (a) 1. to have contingent
				  closure plans. The plan shall be submitted with the feasibility and plan of
				  operation report, in accordance with s.
				  NR
				  670.014(2) (m), and approved by the
				  department as part of the operating license issuance procedures under subchs. L
				  and M of ch. NR 670. In accordance with s.
				  NR
				  670.032, the approved closure plan will become a
				  condition of any hazardous waste operating license.
(b) The department's approval of the plan
				  shall ensure that the approved closure plan is consistent with s.
				  NR
				  664.0111, this section and ss.
				  NR
				  664.0113 to 664.0115 and the applicable requirements
				  of subch. F, ss.
				  NR
				  664.0178, 664.0197, 664.0228, 664.0258, 664.0310,
				  664.0351, 664.0601 and 664.1102. Until final closure is completed and certified
				  in accordance with s.
				  NR
				  664.0115, a copy of the approved plan and all approved
				  revisions shall be furnished to the department upon request, including requests
				  by mail.
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 664.0113 - Closure; time allowed for closure

Current through June 24, 2024
(1) Within 90 days
				  after receiving the final volume of hazardous wastes, or the final volume of
				  non-hazardous wastes if the owner or operator complies with all applicable
				  requirements in subs. (4) and (5), at a hazardous waste management unit or
				  facility, the owner or operator shall treat, remove from the unit or facility
				  or dispose of on-site, all hazardous wastes in accordance with the approved
				  closure plan. The department may approve a longer period if the owner or
				  operator complies with all applicable requirements for requesting a
				  modification to the operating license and demonstrates that the conditions in
				  pars. (a) and (b) are met:
(a) Either of the
				  following applies:
1. The activities required
				  to comply with this subsection will, of necessity, take longer than 90 days to
				  complete.
2. All of the following
				  apply:
a. The hazardous waste management unit
				  or facility has the capacity to receive additional hazardous wastes, or has the
				  capacity to receive non-hazardous wastes if the owner or operator complies with
				  subs. (4) and (5).
b. There is a
				  reasonable likelihood that the owner or operator or another person will
				  recommence operation of the hazardous waste management unit or the facility
				  within one year.
c. Closure of the
				  hazardous waste management unit or facility would be incompatible with
				  continued operation of the site.
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 664.0114 - Disposal or decontamination of equipment, structures and soils

Current through June 24, 2024
During the partial and final closure periods, all
					 contaminated equipment, structures and soils shall be properly disposed of or
					 decontaminated unless otherwise specified in s.
					 NR
					 664.0197,
					 664.0228,
					 664.0258 or
					 664.0310, or under the authority of
					 ss.
					 NR
					 664.0601 and
					 664.0603. By removing any hazardous
					 wastes or hazardous constituents during partial and final closure, the owner or
					 operator may become a generator of hazardous waste and shall handle that waste
					 in accordance with all applicable requirements of ch. NR 662.
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 664.0115 - Certification of closure

Current through June 24, 2024
Within 60 days of completion of closure of each hazardous
					 waste surface impoundment, waste pile and landfill unit, and within 60 days of
					 the completion of final closure, the owner or operator shall submit to the
					 department, by registered mail, a certification that the hazardous waste
					 management unit or facility, as applicable, has been closed in accordance with
					 the specifications in the approved closure plan. The certification shall be
					 signed by the owner or operator and by a qualified professional engineer.
					 Documentation supporting the professional engineer's certification shall be
					 furnished to the department upon request until the department releases the
					 owner or operator from the financial assurance requirements for closure under
					 s.
					 NR
					 664.0143(11).