Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 670 - Hazardous Waste Licensing And Decisionmaking Procedures › Subchapter B - License Application › Section NR 670.014 - Contents of the feasibility and plan of operation report: general requirements

Current through June 24, 2024
(1) GENERAL INFORMATION. The feasibility and
				  plan of operation report consists of the general information requirements of
				  this section, and the specific information requirements in ss. NR 670.014 to
				  670.029 applicable to the facility. The feasibility and plan of operation
				  information requirements presented in ss. NR 670.014 to 670.029 reflect the
				  standards promulgated in ch. NR 664. These information requirements are
				  necessary in order for the department to determine compliance with the ch. NR
				  664 standards. If owners and operators of HWM facilities can demonstrate that
				  the information prescribed in the feasibility and plan of operation report
				  cannot be provided to the extent required, the department may make allowance
				  for submission of the information on a case-by-case basis. Information required
				  in the feasibility and plan of operation report shall be submitted to the
				  department and signed according to s.
				  NR
				  670.011. Technical data, such as design drawings and
				  specifications, and engineering studies shall be certified by a qualified
				  professional engineer. For long-term care licenses, only the information
				  specified in s.
				  NR
				  670.028 is required in the feasibility and plan of
				  operation report.
(2) GENERAL
				  INFORMATION REQUIREMENTS. All of the following information is required for all
				  HWM facilities, except as s.
				  NR
				  664.0001 provides otherwise:
(a) A general description of the
				  facility.
(b) Chemical and physical
				  analyses of the hazardous waste and hazardous debris to be handled at the
				  facility. At a minimum, these analyses shall contain all the information which
				  must be known to treat, store or dispose of the wastes properly according to
				  ch. NR 664.
(c) A copy of the waste
				  analysis plan required by s.
				  NR
				  664.0013(2) and, if applicable s.
				  NR
				  664.0013(3).
(d) A description of the security procedures
				  and equipment required by s.
				  NR
				  664.0014, or a justification demonstrating the reasons
				  for requesting a waiver of this requirement.
(e) A copy of the general inspection schedule
				  required by s.
				  NR
				  664.0015(2). Include where
				  applicable, as part of the inspection schedule, specific requirements in ss.
				  NR
				  664.0174, 664.0193(9), 664.0195, 664.0226, 664.0254,
				  664.0303, 664.0602, 664.1033, 664.1052, 664.1053, 664.1058, 664.1084, 664.1085,
				  664.1086 and 664.1088.
(f) A
				  justification of any request for a waiver of the preparedness and prevention
				  requirements of subch. C of ch. NR 664.
(g) A copy of the contingency plan required
				  by subch. D of ch. NR 664.
Note:
Include, where applicable, as part of
					 the contingency plan, specific requirements in ss.
					 NR
					 664.0227 and 664.0200.
(h) A description of procedures, structures
				  or equipment used at the facility to do all of the following:
1. Prevent hazards in unloading operations
				  (for example, ramps, special forklifts).
2. Prevent runoff from hazardous waste
				  handling areas to other areas of the facility or environment, or to prevent
				  flooding (for example, berms, dikes, trenches).
3. Prevent contamination of water
				  supplies.
4. Mitigate effects of
				  equipment failure and power outages.
5. Prevent undue exposure of personnel to
				  hazardous waste (for example, protective clothing).
6. Prevent releases to
				  atmosphere.
(i) A
				  description of precautions to prevent accidental ignition or reaction of
				  ignitable, reactive or incompatible wastes as required to demonstrate
				  compliance with s.
				  NR
				  664.0017 including documentation demonstrating
				  compliance with s.
				  NR
				  664.0017(3).
(j) Traffic pattern, estimated volume
				  (number, types of vehicles) and control (for example, show turns across traffic
				  lanes, and stacking lanes (if appropriate); describe access road surfacing and
				  load bearing capacity; show traffic control signals).
(k)
3.
				  Owners and operators of all facilities shall provide an identification of
				  whether the facility is located within a 100-year floodplain. This
				  identification must indicate the source of data for such determination and
				  include a copy of the relevant federal insurance administration flood map, if
				  used, or the calculations and maps used where an FIA map is not available.
				  Information shall also be provided identifying the 100-year flood level and any
				  other special flooding factors (e.g., wave action) which must be considered in
				  designing, constructing, operating, or maintaining the facility to withstand
				  washout from a 100-year flood.
Note:
Where maps for the national flood
					 insurance program produced by the federal insurance administration (FIA) of the
					 federal emergency management agency are available, they will normally be
					 determinative of whether a facility is located within or outside of the
					 100-year floodplain. However, where the FIA map excludes an area, usually areas
					 of the floodplain less than 200 feet in width, these areas must be considered
					 and a determination made as to whether they are in the 100-year floodplain.
					 Where FIA maps are not available for a proposed facility location, the owner or
					 operator must use equivalent mapping techniques to determine whether the
					 facility is within the 100-year floodplain, and if so located, what the
					 100-year flood elevation would be.
4. Owners and operators of facilities located
				  in the 100-year floodplain shall provide the following information:
a. Engineering analysis to indicate the
				  various hydrodynamic and hydrostatic forces expected to result at the site as
				  consequence of a 100-year flood.
b.
				  Structural or other engineering studies showing the design of operational units
				  (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls,
				  dikes) at the facility and how these will prevent washout.
c. If applicable, and in lieu of subds. 4. a.
				  and b., a detailed description of procedures to be followed to remove hazardous
				  waste to safety before the facility is flooded, including:
1) Timing of such movement relative to flood
				  levels, including estimated time to move the waste, to show that such movement
				  can be completed before floodwaters reach the facility.
2) A description of the location or locations
				  to which the waste will be moved and demonstration that those facilities will
				  be eligible to receive hazardous waste in accordance with the regulations under
				  chs.
				  NR 664 to 666 and 670.
3) The planned procedures, equipment, and
				  personnel to be used and the means to ensure that such resources will be
				  available in time for use.
4) The
				  potential for accidental discharges of the waste during movement.
5. Existing facilities
				  not in compliance with s.
				  NR
				  664.0018(2) shall provide a plan
				  showing how the facility will be brought into compliance and a schedule for
				  compliance.
6. Owners and operators
				  of all facilities shall provide an identification of whether the facility is
				  located in:
a. A habitat determined by the
				  department to be critical to the continued existence of any threatened or
				  endangered species listed in ch. NR 27.
b. A wetland.
(l) An outline of both the introductory and
				  continuing training programs by owners or operators to prepare persons to
				  operate or maintain the HWM facility in a safe manner as required to
				  demonstrate compliance with s.
				  NR 664.0016. A
				  brief description of how training will be designed to meet actual job tasks
				  according to s.
				  NR 664.0016(1)
				  (c).
(m) A copy of the closure plan and, where
				  applicable, the long-term care plan required by ss.
				  NR
				  664.0112, 664.0118 and 664.0197. Include, where
				  applicable, as part of the plans, specific requirements in ss.
				  NR
				  664.0178, 664.0197, 664.0228, 664.0258, 664.0310,
				  664.0351, 664.0601 and 664.0603.
(n) For hazardous waste disposal units that
				  have been closed, documentation that notices required under s.
				  NR
				  664.0119 have been filed.
(o) The most recent closure cost estimate for
				  the facility prepared according to s.
				  NR
				  664.0142 and a copy of the documentation required to
				  demonstrate financial assurance under s.
				  NR
				  664.0143. For a new facility, a copy of the required
				  documentation may be submitted 60 days prior to the initial receipt of
				  hazardous wastes, if that is later than the submission of the feasibility and
				  plan of operation report.
(p) Where
				  applicable, the most recent long-term care cost estimate for the facility
				  prepared according to s.
				  NR
				  664.0144 plus a copy of the documentation required to
				  demonstrate financial assurance under s.
				  NR
				  664.0145. For a new facility, a copy of the required
				  documentation may be submitted 60 days prior to the initial receipt of
				  hazardous wastes, if that is later than the submission of the feasibility and
				  plan of operation report.
(q) Where
				  applicable, a copy of the insurance policy or other documentation which
				  comprises compliance with s.
				  NR
				  664.0147. For a new facility, documentation showing
				  the amount of insurance meeting the specification of s.
				  NR 664.0147(1)
				   and, if applicable, s.
				  NR
				  664.0147(2), that the owner or
				  operator plans to have in effect before initial receipt of hazardous waste for
				  treatment, storage or disposal. A request for an alternate amount of required
				  coverage, for a new or existing facility, may be submitted as specified in s.
				  NR
				  664.0147(3).
(s) A topographic map showing a distance of
				  1,000 feet around the facility at a scale of 2.5 centimeters (one inch) equal
				  to not more than 61.0 meters (200 feet). Contours shall be shown on the map.
				  The contour interval shall be sufficient to clearly show the pattern of surface
				  water flow in the vicinity of and from each operational unit of the facility.
				  For example, contours with an interval of 1.5 meters (5 feet), if relief is
				  greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if
				  relief is less than 6.1 meters (20 feet). Owners and operators of HWM
				  facilities located in mountainous areas shall use large contour intervals to
				  adequately show topographic profiles of facilities. The map shall clearly show
				  all of the following:
1. Map scale and
				  date.
2. 100-year floodplain
				  area.
3. Surface waters including
				  intermittent streams.
4.
				  Surrounding land uses (residential, commercial, agricultural,
				  recreational).
5. A wind rose
				  (i.e., prevailing wind-speed and direction).
6. Orientation of the map (north
				  arrow).
7. Legal boundaries of the
				  HWM facility site.
8. Access
				  control (fences, gates).
9.
				  Injection and withdrawal wells both on-site and off-site.
10. Buildings; treatment, storage or disposal
				  operations; or other structure (recreation areas, runoff control systems,
				  access and internal roads, storm, sanitary and process sewerage systems,
				  loading and unloading areas, fire control facilities, etc.)
11. Barriers for drainage or flood
				  control.
12. Location of
				  operational units within the HWM facility site, where hazardous waste is (or
				  will be) treated, stored or disposed (include equipment cleanup areas).
Note:
For large HWM facilities the department
					 may allow the use of other scales on a case-by-case
					 basis.
(u) For
				  land disposal facilities, if a case-by-case extension has been approved under
				  40 CFR
				  268.5 or a petition has been approved under
				  40
				  CFR 268.6, a copy of the notice of approval
				  for the extension or petition is required.
(v) A summary of the pre-application meeting,
				  along with a list of attendees and their addresses, and copies of any written
				  comments or materials submitted at the meeting, as required under s.
				  NR
				  670.431(3).
(w) Documentation demonstrating compliance
				  with the local approval requirements of s.
				  NR 670.007(1) (a) to
				  (c).
(x) Applicants shall submit information to
				  enable the department to make a determination on all of the following:
1. Noncompliance with plans or orders under
				  s.
				  289.34,
				  Stats., including the following information:
a. Identification of all persons owning a 10%
				  or greater legal or equitable interest in the applicant or in the assets of the
				  applicant, including shareholders of a corporation which is an applicant and
				  partners of a partnership which is an applicant.
b. Identification of all other Wisconsin
				  solid or hazardous waste facilities for which the applicant or any person
				  identified in subd. 1. a. is named in, or subject to an order or plan approval
				  issued by the department.
c.
				  Identification of all other Wisconsin solid or hazardous waste facilities which
				  are owned by persons, including corporations and partnerships, in which the
				  applicant or person identified in subpar. a. owns or previously owned a 10% or
				  greater legal or equitable interest or a 10% or greater interest in the
				  assets.
d. A statement indicating
				  whether or not all plan approvals and orders relating to all facilities
				  identified in subpars. b. and c. are being complied with.
2. The need for an environmental impact
				  statement under s.
				  289.25,
				  Stats., including the following information:
a. A summary of the project, such as the
				  purpose, history, background, relevant local, state and federal permits or
				  approvals and zoning changes.
b. A
				  description of the proposed physical changes, including:
1) Changes in terrestrial resources, such as
				  soil placement necessary to reach the proposed sub-base grades, construction of
				  access roads, surface water drainage features and sedimentation
				  controls.
2) Changes in aquatic
				  resources, such as potential impacts to streams, wetlands, lakes and flowages
				  under existing conditions as well as that anticipated during active operations
				  and after closure.
3) Buildings,
				  treatment units, roads and other structures to be constructed in conjunction
				  with the facility.
4) Emissions and
				  discharges such as dust, odors, gases, leachate, and surface water runoff
				  associated with facility preparation, construction, operation, and
				  closure.
5) Other changes
				  anticipated with facility development.
6) Maps, plans and other descriptive material
				  such as a facility development plan to clarify the information
				  provided.
c. A
				  description of the existing environment that may be affected, including:
1) The physical environment such as the
				  regional and local topography, geology, surface water drainage features,
				  hydrogeologic conditions, air and wetlands as well as an evaluation of
				  groundwater quality data and overall performance of any existing solid or
				  hazardous waste units.
2) The
				  dominant aquatic and terrestrial plant and animal species and habitats found in
				  the area.
3) Land use, dominant
				  features and zoning in the area.
4)
				  Social and economic conditions such as any ethnic or cultural groups.
5) Other special resources such as
				  archaeological, historical, state natural areas and prime agricultural
				  lands.
d. A discussion of
				  the probable adverse and beneficial impacts including primary, indirect and
				  secondary impacts including:
1) The physical
				  impacts associated with facility design, construction and operation.
2) The biological impacts including
				  destruction and creation of habitat, alteration of the physical environment and
				  any impacts to endangered or threatened species.
3) The impacts on land use.
4) The social and economic impacts to local
				  residents and cultural groups and the communities and industries served by the
				  facility.
5) Other special
				  resources such as archaeological, historical, state natural areas and prime
				  agricultural lands.
6) Probable
				  adverse impacts that cannot be avoided such as groundwater and surface water
				  impacts, modifications of topography, any loss of agricultural or forest land,
				  displacement of wildlife and adverse aesthetic impacts for people in and around
				  the facility.
e.
				  Identify, describe and discuss feasible alternatives including taking no
				  action, enlargement, reduction or modification of the project; other
				  facilities, locations or methods to the proposed action and their impacts.
				  Particular attention shall be given to alternatives which might avoid some or
				  all adverse environmental impacts, including proposed and existing hazardous
				  waste treatment, storage or disposal, recycling and incineration facilities
				  that may serve to handle the waste expected to be disposed of at the proposed
				  facility, taking into account the economics of waste collection, transportation
				  and disposal.
3. The need
				  for the proposed facility or expansion as required under s.
				  289.28,
				  Stats.