Chapter NR 664

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.

NR 664.0030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0031 NR 664.0031 Design and operation of facility. 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.

NR 664.0031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0032 NR 664.0032 Required equipment. 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:

NR 664.0032(1) (1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

NR 664.0032(2) (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.

NR 664.0032(3) (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.

NR 664.0032(4) (4) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers or water spray systems.

NR 664.0032 Note Note: 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.

NR 664.0032 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0033 NR 664.0033 Testing and maintenance of equipment. 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.

NR 664.0033 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0034 NR 664.0034 Access to communications or alarm system.

NR 664.0034(1) (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.

NR 664.0034(2) (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.

NR 664.0034 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0035 NR 664.0035 Required aisle space. 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.

NR 664.0035 Note Note: 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.

NR 664.0035 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0037 NR 664.0037 Arrangements with local authorities.

NR 664.0037(1) (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:

NR 664.0037(1)(a) (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.

NR 664.0037(1)(b) (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.

NR 664.0037(1)(c) (c) Agreements with state emergency response teams, emergency response contractors and equipment suppliers.

NR 664.0037(1)(d) (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.

NR 664.0037(2) (2) Where state or local authorities decline to enter into these arrangements, the owner or operator shall document the refusal in the operating record.

NR 664.0037 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. D of ch. NR 664 Subchapter D — Contingency Plan and Emergency Procedures

NR 664.0050 NR 664.0050 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 664.0001 provides otherwise.

NR 664.0050 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0051 NR 664.0051 Purpose and implementation of contingency plan.

NR 664.0051(1) (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.

NR 664.0051(2) (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.

NR 664.0051 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0052 NR 664.0052 Content of contingency plan.

NR 664.0052(1) (1) The contingency plan shall describe the actions facility personnel shall take to comply with ss. NR 664.0051 and 664.0056 in response to fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water at the facility.

NR 664.0052(2) (2) If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan according to 40 CFR part 112, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter. The owner or operator may develop one contingency plan that meets all regulatory requirements. The department recommends that the plan be based on the national response team’s (NRT) integrated contingency plan guidance. When modifications are made to non-hazardous waste provisions in an integrated contingency plan, the changes do not trigger the need for a hazardous waste license modification.

NR 664.0052(3) (3) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors and state and local emergency response teams to coordinate emergency services, pursuant to s. NR 664.0037.

NR 664.0052(4) (4) The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see s. NR 664.0055), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be supplied to the department at the time of certification, rather than at the time of feasibility and plan of operation report submittal.

NR 664.0052(5) (5) The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external) and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.

NR 664.0052(6) (6) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe the signal or signals to be used to begin evacuation, evacuation routes and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

NR 664.0052 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (2) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) Register August 2020 No 776, eff. 9-1-20.

NR 664.0053 NR 664.0053 Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be:

NR 664.0053(1) (1) Maintained at the facility.

NR 664.0053(2) (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.