reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 665.0146 - 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 a trust fund, surety payment 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
					 665.0143 and
					 665.0145. 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 665.0147 - Liability requirements

Current through June 24, 2024
(1) COVERAGE FOR
				  SUDDEN ACCIDENTAL OCCURRENCES. An owner or operator of a hazardous waste
				  treatment, storage or disposal facility, or a group of facilities, shall
				  demonstrate financial responsibility for bodily injury and property damage to
				  third parties caused by sudden accidental occurrences arising from operations
				  of the facility or group of facilities. The owner or operator shall have and
				  maintain liability coverage for sudden accidental occurrences in the amount of
				  at least $1 million per occurrence with an annual aggregate of at least $2
				  million, exclusive of legal defense costs. This liability coverage may be
				  demonstrated as specified in par. (a), (b), (c), (d), (e) or (f):
(a) An owner or operator may demonstrate the
				  required liability coverage by having liability insurance as specified in this
				  subsection.
1. Each insurance policy shall be
				  amended by attachment of the hazardous waste facility liability endorsement, or
				  evidenced by a certificate of liability insurance. The wording of the
				  endorsement shall be identical to the wording specified in s.
				  NR
				  664.0151(9). The wording of the
				  certificate of insurance shall be identical to the wording specified in s.
				  NR
				  664.0151(10). The owner or operator
				  shall submit a signed duplicate original of the endorsement or the certificate
				  of insurance to the department. If the facilities are located in more than one
				  state, identical evidence of financial assurance shall be submitted to and
				  maintained with the state agency regulating hazardous waste or with the
				  appropriate EPA regional administrator if the facilities are located in
				  unauthorized states. If requested by a regional administrator or the
				  department, the owner or operator shall provide a signed duplicate original of
				  the insurance policy.
2. Each
				  insurance policy shall be issued by an insurer which, at a minimum, is licensed
				  to transact the business of insurance, or eligible to provide insurance as an
				  excess or surplus lines insurer, in one or more States.
3. The department, after conferring with the
				  Wisconsin insurance commissioner, shall determine the acceptability of a
				  surplus lines or captive insurance company to provide coverage for proof of
				  financial responsibility. The department shall ask the insurance commissioner
				  to provide a financial analysis of the insurer including a recommendation as to
				  the insurer's ability to provide the required coverage. The department may
				  require a periodic review of the acceptability of a surplus lines or captive
				  insurance company.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter H - Financial Requirements › Section NR 665.0148 - 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
				  665.0143,
				  665.0145 or 665.0147 by obtaining 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0170 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of all
					 hazardous waste facilities that store containers of hazardous waste, except as
					 s.
					 NR
					 665.0001 provides otherwise.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0171 - Condition of containers

Current through June 24, 2024
If a container holding hazardous waste is not in good
					 condition, 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0172 - Compatibility of waste with container

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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0173 - 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.
Re-use 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0174 - 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 s.
						NR
						665.0171 for remedial 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0176 - 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
						665.0017(1) for additional
						requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0177 - Special requirements for incompatible wastes

Current through June 24, 2024
(1) Incompatible
				  wastes, or incompatible wastes and materials, (see ch. NR 665 Appendix V for
				  examples) may not be placed in the same container, unless s.
				  NR
				  665.0017(2) is complied
				  with.
(2) Hazardous waste may not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material (see ch. NR 665 Appendix V for examples), unless s.
				  NR
				  665.0017(2) is complied
				  with.
(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 emissions, 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter I - Containers › Section NR 665.0178 - 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0190 - 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
					 665.0001.
(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
				  665.0193(1).
(3) Tanks, sumps and other collection devices
				  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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0191 - 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
				  665.0193, 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 or 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, this
				  assessment shall consist of 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 be either a leak test, as described in subd. 1., or an
				  internal inspection or other tank integrity examination 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 the
					 integrity examination of an other than non-enterable underground tank
					 system.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0193 - 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 2 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0194 - 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 secondary 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
				  secondary containment systems. These include at a minimum all of the following:
(a) Spill prevention controls (e.g., check
				  valves, dry discount 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0195 - Inspections

Current through June 24, 2024
(1) The owner or operator shall inspect,
				  where present, 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
					 665.0015(3) requires the owner or
					 operator to remedy any deterioration or malfunction found. Section
					 NR
					 665.0196 requires the owner or operator to notify the
					 department within 24 hours of confirming a release. 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.
(2) Except as
				  noted under the sub. (3), the owner or operator shall inspect at least once
				  each operating day:
(a) Overfill and spill
				  control equipment (for example, waste-feed cutoff systems, bypass systems, and
				  drainage systems) to ensure that it is in good working order.
(b) Above ground portions of the tank system,
				  if any, to detect corrosion or releases of waste.
(c) 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0196 - 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 that
				  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 release 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0197 - 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
				  665.0310 ). 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
				  which does not have secondary containment that meets the requirements of s.
				  NR
				  665.0193(2) to (6) and which is not
				  exempt from the secondary containment requirements in accordance with s.
				  NR
				  665.0193(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
				  these 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0198 - Special requirements for ignitable or reactive wastes

Current through June 24, 2024
(1) Ignitable or
				  reactive waste may not be placed in a tank system, 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
				  665.0017(2) is complied
				  with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0199 - Special requirements for incompatible wastes

Current through June 24, 2024
(1) Incompatible
				  wastes, or incompatible waste and materials (see ch. NR 665 Appendix V for
				  examples), may not be placed in the same tank system, unless s.
				  NR
				  665.0017(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
				  665.0017(2) is complied
				  with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0200 - Waste analysis and trial tests

Current through June 24, 2024
In addition to performing the waste analysis required by
					 s.
					 NR
					 665.0013, the owner or operator shall do any of the
					 following, whenever a tank system is to be used to treat chemically or to store
					 a hazardous waste that is substantially different from waste previously treated
					 or stored in that tank system; or treat chemically a hazardous waste with a
					 substantially different process than any previously used in that tank
					 system:
(1) Conduct waste analyses and
				  trial treatment or storage tests (e.g., bench-scale or pilot-plant scale
				  tests).
(2) Obtain written,
				  documented information on similar waste under similar operating conditions to
				  show that the proposed treatment or storage will meet the requirements of s.
				  NR
				  665.0194(1).
Section
						NR
						665.0013 requires the waste analysis plan to include
						analyses needed to comply with ss.
						NR
						665.0198 and 665.0199. Section
						NR 665.0073
						requires the owner or operator to place the results from each waste analysis
						and trial test, or the documented information, in the operating record of the
						facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter J - Tank Systems › Section NR 665.0202 - 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0220 - 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
					 665.0001 provides otherwise.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0221 - Design and operating requirements

Current through June 24, 2024
(1) The owner or
				  operator of each new surface impoundment unit, each lateral expansion of a
				  surface impoundment unit, and each replacement of an existing surface
				  impoundment unit shall install 2 or more liners and a leachate collection and
				  removal system between the liners, and operate the leachate collection and
				  removal system in accordance with s.
				  NR
				  664.0221(3), unless exempted under s.
				  NR 664.0221(4),
				  (5), or (6).
(2) The owner or operator of each unit
				  referred to in sub. (1) shall notify the department at least 60 days prior to
				  receiving waste. The owner or operator of each facility submitting notice shall
				  file a feasibility and plan of operation report within 6 months of the receipt
				  of the notice.
(3) The owner or
				  operator of any replacement surface impoundment unit is exempt from sub. (1) if
				  both of the following apply:
(a) The existing
				  unit was constructed in compliance with the design standards of
				  42
				  USC 6924(o) (1) (A) (i) and
				  (5).
(b) There is no reason to believe that the
				  liner is not functioning as designed.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0222 - Action leakage rate

Current through June 24, 2024
(1) The owner or operator of surface
				  impoundment units subject to s.
				  NR
				  665.0221(1) shall submit a proposed
				  action leakage rate to the department when submitting the notice required under
				  s.
				  NR
				  665.0221(2). Within 60 days of
				  receipt of the notification, the department shall establish an action leakage
				  rate, either as proposed by the owner or operator or modified using the
				  criteria in this section, or extend the review period for up to 30 days. If no
				  action is taken by the department before the original 60 or extended 90 day
				  review periods, the action leakage rate shall be approved as proposed by the
				  owner or operator.
(2) The
				  department shall approve an action leakage rate for surface impoundment units
				  subject to s.
				  NR
				  665.0221(1). 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.).
(3) 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
				  665.0226(2), 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
				  closes in accordance with s.
				  NR 665.0228(1)
				  (b), monthly during the long-term care period
				  when monthly monitoring is required under s.
				  NR
				  665.0226(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0223 - Containment system

Current through June 24, 2024
All earthen dikes shall have a protective cover, such as
					 grass, shale or rock, to minimize wind and water erosion and to preserve their
					 structural integrity.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0224 - Response actions

Current through June 24, 2024
(1) The owner or operator of surface
				  impoundment units subject to s.
				  NR
				  665.0221(1) shall develop and keep on
				  site until closure of the facility a response action plan. 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 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0225 - Waste analysis and trial tests

Current through June 24, 2024
In addition to the waste analyses required by s.
					 NR
					 665.0013, whenever a surface impoundment is to be used
					 to chemically treat a hazardous waste which is substantially different from
					 waste previously treated in that impoundment or chemically treat hazardous
					 waste with a substantially different process than any previously used in that
					 impoundment, before treating the different waste or using the different process
					 the owner or operator shall do either of the following:
(1) Conduct waste analyses and trial
				  treatment tests (e.g., bench scale or pilot plant scale tests).
(2) Obtain written, documented information on
				  similar treatment of similar waste under similar operating conditions to show
				  that this treatment will comply with s.
				  NR
				  665.0017(2).
As required by s.
						NR
						665.0013, the waste analysis plan shall include
						analyses needed to comply with ss.
						NR
						665.0229 and
						665.0230. As required by s.
						NR 665.0073, the
						owner or operator shall place the results from each waste analysis and trial
						test, or the documented information, in the operating record of the facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0226 - Monitoring and inspection

Current through June 24, 2024
(1) The owner or
				  operator shall inspect both of the following:
(a) The freeboard level at least once each
				  operating day to ensure compliance with s.
				  NR
				  665.0222.
(b) The surface impoundment, including dikes
				  and vegetation surrounding the dike, at least once a week to detect any leaks,
				  deterioration or failures in the impoundment.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0228 - 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) Close the impoundment
				  and provide long-term care for a landfill under subch. G and s.
				  NR
				  665.0310, including 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 the 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 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0229 - Special requirements for ignitable or reactive waste

Current through June 24, 2024
Ignitable or reactive waste may not be placed in a surface
					 impoundment, unless the waste and impoundment satisfy all applicable
					 requirements of ch. NR 668, and sub. (1), (2) or (3):
(1) The waste is treated, rendered or mixed
				  before or immediately after placement in the impoundment so that both of the
				  following apply:
(a) The resulting waste,
				  mixture or dissolution of material no longer meets the definition of ignitable
				  or reactive waste under s. NR 661.0021 or 661.0023.
(b) Section
				  NR
				  665.0017(2) is complied
				  with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0230 - Special requirements for incompatible wastes

Current through June 24, 2024
Incompatible wastes, or incompatible wastes and materials,
					 (see ch. NR 665 Appendix V for examples) may not be placed in the same surface
					 impoundment, unless s.
					 NR
					 665.0017(2) is complied
					 with.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter K - Surface Impoundments › Section NR 665.0231 - Air emission standards

Current through June 24, 2024
The owner or operator shall manage all hazardous waste
					 placed in a surface impoundment in accordance with the applicable requirements
					 of subchs. BB and CC.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0250 - Applicability

Current through June 24, 2024
This subchapter applies to owners and operators of
					 facilities that treat or store hazardous waste in piles, except as s.
					 NR
					 665.0001 provides otherwise. Alternatively, a pile of
					 hazardous waste may be managed as a landfill under subchapter
					 N.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0251 - Protection from wind

Current through June 24, 2024
The owner or operator of a pile containing hazardous waste
					 which could be subject to dispersal by wind shall cover or otherwise manage the
					 pile so that wind dispersal is controlled.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0252 - Waste analysis

Current through June 24, 2024
In addition to the waste analyses required by s.
					 NR
					 665.0013, the owner or operator shall analyze a
					 representative sample of waste from each incoming movement before adding the
					 waste to any existing pile, unless the only wastes the facility receives which
					 are amenable to piling are compatible with each other, or the waste received is
					 compatible with the waste in the pile to which it is to be added. The analysis
					 conducted shall be capable of differentiating between the types of hazardous
					 waste the owner or operator places in piles, so that mixing of incompatible
					 waste does not inadvertently occur. The analysis shall include a visual
					 comparison of color and texture.
As required by s.
						NR
						665.0013, the waste analysis plan shall include
						analyses needed to comply with ss.
						NR
						665.0256 and
						665.0257. As required by s.
						NR 665.0073, the
						owner or operator shall place the results of this analysis in the operating
						record of the facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0253 - Containment

Current through June 24, 2024
If leachate or run-off from a pile is a hazardous waste,
					 the owner or operator shall comply with sub. (1) or (2):
(1) Do all of the following:
(a) The pile shall be placed on an
					 impermeable base that is compatible with the waste under the conditions of
					 treatment or storage.
(b) The owner
					 or operator shall design, construct, operate and maintain a run-on control
					 system capable of preventing flow onto the active portion of the pile during
					 peak discharge from at least a 25-year storm.
(c) The owner or operator shall design,
					 construct, operate and maintain a run-off management system to collect and
					 control at least the water volume resulting from a 24-hour, 25-year
					 storm.
(d) Collection and holding
					 facilities (e.g., tanks or basins) associated with run-on and run-off control
					 systems shall be emptied or otherwise managed expeditiously to maintain design
					 capacity of the system.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0254 - Design and operating requirements

Current through June 24, 2024
The owner or operator of each new waste pile on which
					 construction commences after June 1, 1995, each lateral expansion of a waste
					 pile unit on which construction commences after June 1, 1995 and each
					 replacement of an existing waste pile unit that is to commence reuse after June
					 1, 1995 shall install 2 or more liners and a leachate collection and removal
					 system above and between the liners, and operate the leachate collection and
					 removal systems in accordance with s.
					 NR
					 664.0251(3), unless exempted under s.
					 NR 664.0251(4),
					 (5) or (6), and shall comply with the
					 procedures of s.
					 NR
					 665.0221(2). "Construction commences"
					 is as defined in s.
					 NR
					 660.10 under "existing facility".
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 665 - Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter L - Waste Piles › Section NR 665.0255 - Action leakage rates

Current through June 24, 2024
(1) The owner or operator of waste pile units
				  subject to s.
				  NR
				  665.0254 shall submit a proposed action leakage rate
				  to the department when submitting the notice required under s.
				  NR
				  665.0254. Within 60 days of receipt of the
				  notification, the department shall establish an action leakage rate, either as
				  proposed by the owner or operator or modified using the criteria in this
				  section, or extend the review period for up to 30 days. If no action is taken
				  by the department before the original 60 or extended 90 day review periods, the
				  action leakage rate shall be approved as proposed by the owner or
				  operator.
(2) The department shall
				  approve an action leakage rate for waste pile units subject to s.
				  NR
				  665.0254. 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.).
(3) To determine if the action leakage rate
				  has been exceeded, the owner or operator shall convert the weekly flow rate
				  from the monitoring data obtained under s.
				  NR
				  665.0260, 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.