NR 664.0117(3)(3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure may never be allowed to disturb the integrity of the final cover, liners or any other components of the containment system, or the function of the facility’s monitoring systems, unless the department finds that either of the following applies: NR 664.0117(3)(a)(a) The disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment. NR 664.0117(3)(b)(b) The disturbance is necessary to reduce a threat to human health or the environment. NR 664.0117(4)(4) All long-term care activities shall be in accordance with the provisions of the approved long-term care plan as specified in s. NR 664.0118. NR 664.0117 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0118NR 664.0118 Long-term care plan; amendment of plan. NR 664.0118(1)(1) Written plan. The owner or operator of a hazardous waste disposal unit shall have a written long-term care plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. to have contingent long-term care plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent long-term care plans under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department within 90 days from the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of s. NR 664.0117, this section, ss. NR 664.0119 and 664.0120. The plan shall be submitted with the feasibility and plan of operation report, in accordance with s. NR 670.014 (2) (m), and approved by the department as part of the operating license issuance procedures under subchs. L and M of ch. NR 670. In accordance with s. NR 670.032, the approved long-term care plan will become a condition of any hazardous waste operating license issued. NR 664.0118(2)(2) Content of plan. For each hazardous waste management unit subject to the requirements of this section, the long-term care plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least all of the following: NR 664.0118(2)(a)(a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with subchs. F, K, L, N and X during the long-term care period. NR 664.0118(2)(b)(b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure both of the following: NR 664.0118(2)(b)1.1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. F, K, L, N and X. NR 664.0118(2)(b)2.2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L, N and X. NR 664.0118(2)(c)(c) The name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the long-term care period. NR 664.0118(2)(d)(d) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements. NR 664.0118(3)(3) Availability of plan. Until final closure of the facility, a copy of the approved long-term care plan shall be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in sub. (2) (c) shall keep the approved long-term care plan during the remainder of the long-term care period. NR 664.0118(4)(4) Amendment of plan. The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in the approved long-term care plan in accordance with the applicable requirements in ch. NR 670. The written notification or request shall include a copy of the amended long-term care plan for review or approval by the department. NR 664.0118(4)(a)(a) The owner or operator may submit a written notification or request to the department for an operating license modification to amend the long-term care plan at any time during the active life of the facility or during the long-term care period. NR 664.0118(4)(b)(b) The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in the approved long-term care plan whenever any of the following occurs: NR 664.0118(4)(b)1.1. Changes in operating plans or facility design affect the approved long-term care plan. NR 664.0118(4)(b)3.3. Events which occur during the active life of the facility, including partial and final closures, affect the approved long-term care plan. NR 664.0118(4)(c)(c) The owner or operator shall submit a written request for an operating license modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the long-term care plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent long-term care plan under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department no later than 90 days after the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of s. NR 664.0310. The department will approve, disapprove or modify this plan in accordance with the procedures in ch. NR 670. In accordance with s. NR 670.032, the approved long-term care plan will become an operating license condition. NR 664.0118(4)(d)(d) The department may request modifications to the plan under the conditions described in par. (b). The owner or operator shall submit the modified plan no later than 60 days after the department’s request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent long-term care plan. Any modifications requested by the department will be approved, disapproved or modified in accordance with the procedures in ch. NR 670. NR 664.0118 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0119(1)(1) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner’s or operator’s knowledge and in accordance with any records the owner or operator has kept. NR 664.0119(2)(2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following: NR 664.0119(2)(a)(a) Record, in accordance with ch. 706, Stats., a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following: NR 664.0119(2)(a)3.3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 664.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department. NR 664.0119(2)(b)(b) Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in par. (a), including a copy of the document in which the notation has been placed, to the department. NR 664.0119(3)(3) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the long-term care license in accordance with the applicable requirements in ch. NR 670. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 664.0117 (3). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673. If the owner or operator is granted a license modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following: NR 664.0119(3)(a)(a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search. NR 664.0119(3)(b)(b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste. NR 664.0119 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0120NR 664.0120 Certification of completion of long-term care. No later than 60 days after completion of the established long-term care period for each hazardous waste disposal unit, the owner or operator shall submit to the department, by registered mail, a certification that the long-term care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved long-term care plan. The owner or operator and a qualified professional engineer shall sign the certification. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for long-term care under s. NR 664.0145 (11). NR 664.0140(2)(b)(b) Piles and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to the facilities in ss. NR 664.0228 and 664.0258. NR 664.0140(4)(4) The department may replace all or part of the requirements of this subchapter applying to a regulated unit with alternative requirements for financial assurance set out in the license or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department does all of the following: NR 664.0140(4)(b)(b) Determines that it is not necessary to apply the requirements of this subchapter because the alternative financial assurance requirements will protect human health and the environment. NR 664.0140 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0141NR 664.0141 Definitions. When used in this subchapter, the following terms have the meanings given below. NR 664.0141(1)(1) “Captive insurance company” means a closely-held company owned by one or more organizations, parents, whose original purpose was and may continue to be, to insure some or all of the risks of shareholders or affiliated organizations. NR 664.0141(5)(5) “Parent corporation” means a corporation which directly owns at least 50% of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a “subsidiary” of the parent corporation. NR 664.0141(7)(7) The following terms are used in the specifications for the financial tests for liability coverage. The definitions are intended to assist in the understanding of this chapter and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices. NR 664.0141(7)(a)(a) “Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity. NR 664.0141(7)(b)(b) “Current assets” means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business. NR 664.0141(7)(c)(c) “Current liabilities” means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities. NR 664.0141(7)(d)(d) “Current plugging and abandonment cost estimate” means the most recent of the estimates prepared in accordance with ch. NR 815. NR 664.0141(7)(e)(e) “Independently audited” refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards. NR 664.0141(7)(f)(f) “Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events. NR 664.0141(7)(g)(g) “Net working capital” means current assets minus current liabilities. NR 664.0141(7)(i)(i) “Tangible net worth” means the tangible assets that remain after deducting liabilities. The assets would not include intangibles such as goodwill and rights to patents or royalties. NR 664.0141(8)(8) In the liability insurance requirements the terms “bodily injury” and “property damage” shall have the meanings given these terms by applicable state law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below of several of the terms are intended to assist in the understanding of this chapter and are not intended to limit their meanings in a way that conflicts with general insurance industry usage. NR 664.0141(8)(a)(a) “Accidental occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured. NR 664.0141(8)(b)(b) “Legal defense costs” means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy. NR 664.0141(8)(c)(c) “Nonsudden accidental occurrence” means an occurrence which takes place over time and involves continuous or repeated exposure. NR 664.0141(8)(d)(d) “Sudden accidental occurrence” means an occurrence which is not continuous or repeated in nature. NR 664.0141(9)(9) “Substantial business relationship” means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A substantial business relationship shall arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the department. NR 664.0141 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0142(1)(a)(a) The estimate shall equal the cost of final closure at the point in the facility’s active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see s. NR 664.0112 (2)). NR 664.0142(1)(b)(b) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent corporation nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal if the owner or operator can demonstrate that on-site disposal capacity will exist at all times over the life of the facility. NR 664.0142(1)(c)(c) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), facility structures or equipment, land or other assets associated with the facility at the time of partial or final closure. NR 664.0142(1)(d)(d) The owner or operator may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), that might have economic value. NR 664.0142(2)(2) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with s. NR 664.0143. For owners and operators of disposal facilities using the net worth test, the closure cost estimate shall be updated for inflation as specified in s. 289.41 (5) (d), Stats. The adjustment may be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent implicit price deflator for gross domestic product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. NR 664.0142(2)(a)(a) The first adjustment shall be made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate. NR 664.0142(2)(b)(b) Subsequent adjustments shall be made by multiplying the latest adjusted closure cost estimate by the latest inflation factor. NR 664.0142(3)(3) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after the department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in sub. (2). NR 664.0142(4)(4) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subs. (1) and (3) and, when this estimate has been adjusted in accordance with sub. (2), the latest adjusted closure cost estimate. NR 664.0142 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0143NR 664.0143 Financial assurance for closure. An owner or operator of each facility shall establish financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subs. (1) to (8).
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