Chapter NR 664

NR 664.0195 Note Note: Section NR 664.0015 (3) requires the owner or operator to remedy any deterioration or malfunction found. Section NR 664.0196 requires the owner or operator to notify the department within 24 hours of confirming a leak. 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.

NR 664.0195(3) (3) In addition, except as noted under sub. (4), the owner or operator shall inspect at least once each operating day:

NR 664.0195(3)(a) (a) Above ground portions of the tank system, if any, to detect corrosion or releases of waste.

NR 664.0195(3)(b) (b) 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).

NR 664.0195(4) (4) Owners or operators of tank systems that either use leak detection systems to alert facility personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, shall inspect at least weekly those areas described in sub. (3) (a) and (b). Use of the alternate inspection schedule shall be documented in the facility’s operating record. This documentation shall include a description of the established workplace practices at the facility.

NR 664.0195(5) (5) Ancillary equipment that is not provided with secondary containment, as described in s. NR 664.0193 (6) (a) to (d), shall be inspected at least once each operating day.

NR 664.0195(6) (6) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, all of the following requirements to ensure that they are functioning properly:

NR 664.0195(6)(a) (a) The proper operation of the cathodic protection system shall be confirmed within 6 months after initial installation and annually thereafter.

NR 664.0195(6)(b) (b) All sources of impressed current shall be inspected or tested, or both, as appropriate, at least bimonthly (that is, every other month).

NR 664.0195 Note Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, “Recommended Practice (RP-02-85)—Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems” and the American Petroleum Institute (API) Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,” may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.

NR 664.0195(7) (7) The owner or operator shall document in the operating record of the facility an inspection of those items in subs. (1) to (3).

NR 664.0195 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (2) to (4), cr. (5) to (7) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0196 NR 664.0196 Response to leaks or spills and disposition of leaking or unfit-for-use tank systems. 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:

NR 664.0196(1) (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.

NR 664.0196(2) (2) Removal of waste from tank system or secondary containment system.

NR 664.0196(2)(a) (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 it 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.

NR 664.0196(2)(b) (b) If the material released 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.

NR 664.0196(3) (3) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection, do all of the following:

NR 664.0196(3)(a) (a) Prevent further migration of the leak or spill to soils or surface water.

NR 664.0196(3)(b) (b) Remove, and properly dispose of, any visible contamination of the soil or surface water.

NR 664.0196(4) (4) Notifications, reports.

NR 664.0196(4)(a) (a) Any release to the environment, except as provided in par. (b), shall be reported to the department within 24 hours of its detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement.

NR 664.0196(4)(b) (b) A leak or spill of hazardous waste is exempted from the requirements of this subsection if it is all of the following:

NR 664.0196(4)(b)1. 1. Less than or equal to a quantity of one pound.

NR 664.0196(4)(b)2. 2. Immediately contained and cleaned up.

NR 664.0196(4)(c) (c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department:

NR 664.0196(4)(c)1. 1. Likely route of migration of the release.

NR 664.0196(4)(c)2. 2. Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).

NR 664.0196(4)(c)3. 3. Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.

NR 664.0196(4)(c)4. 4. Proximity to downgradient drinking water, surface water and populated areas.

NR 664.0196(4)(c)5. 5. Description of response actions taken or planned.

NR 664.0196(5) (5) Provision of secondary containment, repair or closure.

NR 664.0196(5)(a) (a) Unless the owner or operator satisfies the requirements of pars. (b) to (d), the tank system shall be closed in accordance with s. NR 664.0197.

NR 664.0196(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

NR 664.0196(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 664.0196(5)(d) (d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 664.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 664.0192 and 664.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 664.0193 prior to being returned to use.

NR 664.0196(6) (6) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011 (4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility.

NR 664.0196 Note Note: The department or EPA Regional Administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924 (v), 6928 (h), or 6973 (a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 664.0196 Note Note: See s. NR 664.0015(3) for the requirements necessary to remedy a failure. 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.

NR 664.0196 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0197 NR 664.0197 Closure and long-term care.

NR 664.0197(1) (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.

NR 664.0197(2) (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 664.0310). 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.

NR 664.0197(3) (3) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of s. NR 664.0193 (2) to (6) and has not been granted a variance from the secondary containment requirements in accordance with s. NR 664.0193 (7), then:

NR 664.0197(3)(a) (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).

NR 664.0197(3)(b) (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.

NR 664.0197(3)(c) (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 those costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).

NR 664.0197(3)(d) (d) Financial assurance shall be based on the cost estimates in par. (c).

NR 664.0197(3)(e) (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.

NR 664.0197 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20; correction in (1) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 664.0198 NR 664.0198 Special requirements for ignitable or reactive wastes.

NR 664.0198(1) (1) Ignitable or reactive waste may not be placed in tank systems, unless par. (a), (b) or (c) applies:

NR 664.0198(1)(a) (a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply:

NR 664.0198(1)(a)1. 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.

NR 664.0198(1)(a)2. 2. Section NR 664.0017 (2) is complied with.

NR 664.0198(1)(b) (b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.

NR 664.0198(1)(c) (c) The tank system is used solely for emergencies.

NR 664.0198(2) (2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11.

NR 664.0198 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No 776, eff. 9-1-20.

NR 664.0199 NR 664.0199 Special requirements for incompatible wastes.

NR 664.0199(1) (1) Incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples), may not be placed in the same tank system, unless s. NR 664.0017 (2) is complied with.

NR 664.0199(2) (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 664.0017 (2) is complied with.

NR 664.0199 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 664.0200 NR 664.0200 Air emission standards. 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.

NR 664.0200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. K of ch. NR 664 Subchapter K — Surface Impoundments

NR 664.0220 NR 664.0220 Applicability. 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 664.0001 provides otherwise.

NR 664.0220 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0221 NR 664.0221 Design and operating requirements.

NR 664.0221(1) (1) Any surface impoundment that is not covered by sub. (3) or s. NR 665.0221 shall have a liner for all portions of the impoundment (except for existing portions of the impoundment). The liner shall be designed, constructed and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or groundwater or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with s. NR 664.0228 (1) (a). For impoundments that will be closed in accordance with s. NR 664.0228 (1) (b), the liner shall be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner shall be all of the following:

NR 664.0221(1)(a) (a) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation.

NR 664.0221(1)(b) (b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift.

NR 664.0221(1)(c) (c) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

NR 664.0221(2) (2) The owner or operator will be exempted from the requirements of sub. (1) if the department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see s. NR 664.0093) into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the department will consider all of the following:

NR 664.0221(2)(a) (a) The nature and quantity of the wastes.

NR 664.0221(2)(b) (b) The proposed alternate design and operation.

NR 664.0221(2)(c) (c) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and groundwater or surface water.

NR 664.0221(2)(d) (d) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water.

NR 664.0221(3) (3) The owner or operator of each new surface impoundment unit on which construction commences after June 1, 1995, each lateral expansion of a surface impoundment unit on which construction commences after June 1, 1995 and each replacement of an existing surface impoundment unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system between the liners. “Construction commences” is as defined in s. NR 660.10 under “existing facility”.

NR 664.0221(3)(a) (a)

NR 664.0221(3)(a)1. 1. The liner system shall include both of the following:

NR 664.0221(3)(a)1.a. a. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into the liner during the active life and long-term care period.

NR 664.0221(3)(a)1.b. b. A composite bottom liner, consisting of at least 2 components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and long-term care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10-7 cm/sec.

NR 664.0221(3)(a)2. 2. The liners shall comply with sub. (1) (a), (b) and (c).

NR 664.0221(3)(b) (b) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and long-term care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum, all of the following:

NR 664.0221(3)(b)1. 1. Constructed with a bottom slope of 1% or more.

NR 664.0221(3)(b)2. 2. Constructed of granular drainage materials with a hydraulic conductivity of 1x10-1 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10-4 m2/sec or more.

NR 664.0221(3)(b)3. 3. Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment.

NR 664.0221(3)(b)4. 4. Designed and operated to minimize clogging during the active life and long-term care period.