Chapter NR 664

NR 664.0014 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0015 NR 664.0015 General inspection requirements.

NR 664.0015(1) (1) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

NR 664.0015(2) (2) 

NR 664.0015(2)(a) (a) The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.

NR 664.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.

NR 664.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

NR 664.0015 Note Note: Chapter NR 670 requires the inspection schedule to be submitted with the feasibility and plan of operation report. The department shall evaluate the schedule along with the rest of the report to ensure that it adequately protects human health and the environment. As part of this review, the department may modify or amend the schedule as may be necessary.

NR 664.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 664.0174, 664.0193, 664.0195, 664.0226, 664.0254, 664.0303, 664.0347, 664.0602, 664.1033, 664.1052, 664.1053, 664.1058 and 664.1083 to 664.1089, where applicable.  Chapter NR 670 requires the inspection schedule to be submitted with part B of the license application. The department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the department may modify or amend the schedule as necessary.

NR 664.0015(3) (3) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.

NR 664.0015(4) (4) The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.

NR 664.0015 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) (d) Register August 2020 No 776, eff. 9-1-20.

NR 664.0016 NR 664.0016 Personnel training.

NR 664.0016(1) (1) 

NR 664.0016(1)(a) (a) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility’s compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under sub. (4) (c).

NR 664.0016 Note Note: Chapter NR 670 requires that owners and operators submit with the feasibility and plan of operation report, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.

NR 664.0016(1)(b) (b) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

NR 664.0016(1)(c) (c) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including, where applicable, all of the following:

NR 664.0016(1)(c)1. 1. Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.

NR 664.0016(1)(c)2. 2. Key parameters for automatic waste feed cut-off systems.

NR 664.0016(1)(c)3. 3. Communications or alarm systems.

NR 664.0016(1)(c)4. 4. Response to fires or explosions.

NR 664.0016(1)(c)5. 5. Response to groundwater contamination incidents.

NR 664.0016(1)(c)6. 6. Shutdown of operations.

NR 664.0016(1)(d) (d) For facility employees that receive emergency response training pursuant to occupational safety and health administration (OSHA) rules 29 CFR 1910.120 (p) (8) and (q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section.

NR 664.0016(2) (2) Facility personnel shall successfully complete the program required in sub. (1) within 6 months after August 1, 2006 or 6 months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after August 1, 2006 may not work in unsupervised positions until they have completed the training requirements of sub. (1).

NR 664.0016(3) (3) Facility personnel shall take part in an annual review of the initial training required in sub. (1).

NR 664.0016(4) (4) The owner or operator shall maintain all of the following documents and records at the facility:

NR 664.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.

NR 664.0016(4)(b) (b) A written job description for each position listed under par. (a). This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education or other qualifications, and duties of employees assigned to each position.

NR 664.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).

NR 664.0016(4)(d) (d) Records that document that the training or job experience required under subs. (1), (2) and (3) has been given to, and completed by, facility personnel.

NR 664.0016(5) (5) Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

NR 664.0016 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: cr. (1) (d) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0017 NR 664.0017 General requirements for ignitable, reactive or incompatible wastes.

NR 664.0017(1) (1) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions) and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. “No Smoking” signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

NR 664.0017(2) (2) Where specifically required by other sections of this chapter, the owner or operator of a facility that treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which do any of the following:

NR 664.0017(2)(a) (a) Generate extreme heat or pressure, fire or explosions or violent reactions.

NR 664.0017(2)(b) (b) Produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health or the environment.

NR 664.0017(2)(c) (c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

NR 664.0017(2)(d) (d) Damage the structural integrity of the device or facility.

NR 664.0017(2)(e) (e) Through other like means threaten human health or the environment.

NR 664.0017(3) (3) When required to comply with sub. (1) or (2), the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in s. NR 664.0013), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

NR 664.0017 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0018 NR 664.0018 Location standards.

NR 664.0018 Note Note: There is no location standard for seismic considerations in Wisconsin. See appendix VI of 40 CFR part 264 for more information.

NR 664.0018(2) (2) Floodplains.

NR 664.0018(2)(a) (a) A facility located in a 100-year floodplain shall be designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate any of the following to the department’s satisfaction:

NR 664.0018(2)(a)1. 1. Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters.

NR 664.0018(2)(a)2. 2. For existing surface impoundments, waste piles, landfills and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering all of the following:

NR 664.0018(2)(a)2.a. a. The volume and physical and chemical characteristics of the waste in the facility.

NR 664.0018(2)(a)2.b. b. The concentration of hazardous constituents that would potentially affect surface waters as a result of washout.

NR 664.0018(2)(a)2.c. c. The impact of the concentrations on the current or potential uses of and water quality standards established for the affected surface waters.

NR 664.0018(2)(a)2.d. d. The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

NR 664.0018 Note Note: The location where wastes are moved must be a facility which is either licensed by the department under ch. NR 670, authorized to manage hazardous waste by a state with a hazardous waste management program authorized under 40 CFR part 271, or interim licensed under chs. NR 665 and 670.

NR 664.0018(2)(b) (b) As used in par. (a):

NR 664.0018(2)(b)1. 1. “100-year floodplain” means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

NR 664.0018(2)(b)2. 2. “Washout” means the movement of hazardous waste from the active portion of the facility as a result of flooding.

NR 664.0018(2)(b)3. 3. “100-year flood” means a flood that has a one percent chance of being equaled or exceeded in any given year.

NR 664.0018(3) (3) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

NR 664.0018(4) (4) Wetland. A hazardous waste facility may not be located in a wetland.

NR 664.0018(5) (5) Critical habitat. A hazardous waste facility may not be located in a critical habitat.

NR 664.0018 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0019 NR 664.0019 Construction quality assurance program.

NR 664.0019(1) (1) CQA program.

NR 664.0019(1)(a) (a) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile and landfill units that are required to comply with ss. NR 664.0221 (3) and (4), 664.0251 (3) and (4) and 664.0301 (3) and (4). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the approved feasibility and plan of operation report. The program shall be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

NR 664.0019(1)(b) (b) The CQA program shall address all of the following physical components, where applicable:

NR 664.0019(1)(b)1. 1. Foundations.

NR 664.0019(1)(b)2. 2. Dikes.

NR 664.0019(1)(b)3. 3. Low-permeability soil liners.

NR 664.0019(1)(b)4. 4. Geomembranes (flexible membrane liners).

NR 664.0019(1)(b)5. 5. Leachate collection and removal systems and leak detection systems.

NR 664.0019(1)(b)6. 6. Final cover systems.

NR 664.0019(2) (2) Written cqa plan. The owner or operator of units subject to the CQA program under sub. (1) shall develop and implement a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include all of the following:

NR 664.0019(2)(a) (a) Identification of applicable units, and a description of how they will be constructed.

NR 664.0019(2)(b) (b) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

NR 664.0019(2)(c) (c) A description of inspection and sampling activities for all unit components identified in sub. (1) (b), including observations and tests that will be used before, during and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover sampling size and locations, frequency of testing, data evaluation procedures, acceptance and rejection criteria for construction materials, plans for implementing corrective measures and data or other information to be recorded and retained in the operating record under s. NR 664.0073.

NR 664.0019(3) (3) Contents of program.

NR 664.0019(3)(a) (a) The CQA program shall include observations, inspections, tests and measurements sufficient to ensure all of the following:

NR 664.0019(3)(a)1. 1. Structural stability and integrity of all components of the unit identified in sub. (1) (b).

NR 664.0019(3)(a)2. 2. Proper construction of all components of the liners, leachate collection and removal system, leak detection system and final cover system, according to approved feasibility and plan of operation report specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications.

NR 664.0019(3)(a)3. 3. Conformity of all materials used with design and other material specifications under ss. NR 664.0221, 664.0251 and 664.0301.

NR 664.0019(3)(b) (b) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a) 1. b., 664.0251 (3) (a) 1. b. and 664.0301 (3) (a) 1. b. in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a) 1. b., 664.0251 (3) (a) 1. b. and 664.0301 (3) (a) 1. b. in the field.

NR 664.0019(4) (4) Certification. Waste may not be received in a unit subject to s. NR 664.0019 until the owner or operator has submitted to the department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of s. NR 664.0221 (3) or (4), 664.0251 (3) or (4) or 664.0301 (3) or (4); and the procedure in s. NR 670.030 (12) (b) 2. has been completed. Documentation supporting the CQA officer’s certification shall be furnished to the department upon request. The department may choose to perform a site inspection after reviewing the CQA documentation. An inspection by the department or the submittal of additional information is subject to the fees stated in ch. NR 670 Appendix II.

NR 664.0019 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 664.0025 NR 664.0025 Construction certification for a new facility. Owners and operators of all newly constructed treatment or storage facilities shall submit a written statement to the department, within 15 days after the construction is completed, certifying that the facility was constructed in substantial compliance with the approved feasibility and plan of operation report.

NR 664.0025 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. C of ch. NR 664 Subchapter C — Preparedness and Prevention

NR 664.0030 NR 664.0030 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 664.0001 provides otherwise.