NR 664.0554(7)
(7)
Are staging piles subject to the land disposal restrictions in ch. NR 668 and the minimum technological requirements? No. Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the minimum technological requirements in s.
NR 664.0221,
664.0251,
664.0301,
665.0221,
665.0254 or
665.0301.
NR 664.0554 Note
Note: The original source for the minimum technological requirements is
42 USC 6924(o).
NR 664.0554(8)
(8)
How long may i operate a staging pile? The department may allow a staging pile to operate for up to 2 years after hazardous remediation waste is first placed into the pile. You shall use a staging pile no longer than the length of time designated by the department in the license, closure plan or order (the “operating term"), except as provided in sub.
(9).
NR 664.0554(9)
(9)
May i receive an operating extension for a staging pile? NR 664.0554(9)(a)(a) The department may grant one operating term extension of up to 180 days beyond the operating term limit contained in the license, closure plan or order (see sub.
(12) for modification procedures). To justify to the department the need for an extension, you shall provide sufficient and accurate information to enable the department to determine that continued operation of the staging pile will do all of the following:
NR 664.0554(9)(a)2.
2. Is necessary to ensure timely and efficient implementation of remedial actions at the facility.
NR 664.0554(9)(b)
(b) The department may, as a condition of the extension, specify further standards and design criteria in the license, closure plan or order, as necessary, to ensure protection of human health and the environment.
NR 664.0554(10)
(10)
What is the closure requirement for a staging pile located in a previously contaminated area? NR 664.0554(10)(a)
(a) Within 180 days after the operating term of the staging pile expires, you shall close a staging pile located in a previously contaminated area of the site by removing or decontaminating all of the following:
NR 664.0554(10)(b)
(b) You shall also decontaminate contaminated subsoils in a manner and according to a schedule that the department determines will protect human health and the environment.
NR 664.0554(10)(c)
(c) The department shall include the requirements of pars.
(a) and
(b) in the license, closure plan or order in which the staging pile is designated.
NR 664.0554(11)
(11)
What is the closure requirement for a staging pile located in an uncontaminated area? NR 664.0554(11)(b)
(b) The department shall include the requirement of par.
(a) in the license, closure plan or order in which the staging pile is designated.
NR 664.0554(12)
(12)
How may my existing license (for example, remediation variance), closure plan or order be modified to allow me to use a staging pile? NR 664.0554(12)(a)
(a) To modify a license, other than a remediation variance, to incorporate a staging pile or staging pile operating term extension, either:
NR 664.0554(12)(a)1.
1. The department shall approve the modification under the procedures for department-initiated license modifications in s.
NR 670.041.
NR 664.0554(12)(b)
(b) To modify a remediation variance to incorporate a staging pile or staging pile operating term extension, you shall resubmit the remediation variance application required under s.
NR 670.079.
NR 664.0554(12)(d)
(d) To modify an order to incorporate a staging pile or staging pile operating term extension, you shall follow the terms of the order and the applicable provisions of s.
NR 670.072 (1) (e) or
(2) (e).
NR 664.0554(13)
(13)
Is information about the staging pile available to the public? The department shall document the rationale for designating a staging pile or staging pile operating term extension and make this documentation available to the public.
NR 664.0554 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (3) (b)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (5) (a) 1.
Register August 2020 No 776, eff. 9-1-20; correction in (5) (a) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register April 2021 No. 784.
NR 664.0555
NR 664.0555 Disposal of CAMU-eligible wastes in licensed or permitted hazardous waste landfills. NR 664.0555(1)(1)
The department may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of ch.
NR 668, if all of the following conditions are met:
NR 664.0555(1)(b)
(b) The department identifies principal hazardous constituents in the waste, in accordance with s.
NR 664.0552 (5) (d) 1. and
2., and requires that the principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:
NR 664.0555(1)(b)3.
3. Treatment standards adjusted in accordance with s.
NR 664.0552 (5) (d) 5. e.2), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.
NR 664.0555(1)(c)
(c) The landfill receiving the CAMU-eligible waste shall have a hazardous waste license or permit, meet the requirements for new landfills in subch.
N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, “license or permit" does not include an interim license or permit.
NR 664.0555(2)
(2) The person seeking approval shall provide sufficient information to enable the department to approve placement of CAMU-eligible waste in accordance with sub.
(1). Information required by s.
NR 664.0552 (4) (a) to
(c) for CAMU applications shall be provided, unless not reasonably available.
NR 664.0555(3)
(3) The department shall provide public notice and a reasonable opportunity for public comment before approving CAMU-eligible waste for placement in an off-site licensed or permitted hazardous waste landfill, consistent with the requirements for CAMU approval at s.
NR 664.0552 (8). The approval shall be specific to a single remediation.
NR 664.0555(4)
(4) Applicable hazardous waste management requirements in this chapter, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, for CAMU-eligible waste shall be incorporated into the receiving facility license or permit through license or permit issuance or a license or permit modification, providing notice and an opportunity for comment and a hearing. Notwithstanding s.
NR 670.004 (1), a landfill may not receive hazardous CAMU-eligible waste under this section unless its license or permit specifically authorizes receipt of the waste.
NR 664.0555(5)
(5) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with sub.
(4) until all of the following additional conditions have been met:
NR 664.0555(5)(a)
(a) The landfill owner or operator notifies the department and persons on the facility mailing list, maintained in accordance with s.
NR 670.410 (3) (a) 9., of the owner or operator's intent to receive CAMU-eligible waste in accordance with this section; the notice shall identify the source of the remediation waste, the principal hazardous constituents in the waste and treatment requirements.
NR 664.0555(5)(b)
(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the department within 15 days of notification.
NR 664.0555(5)(c)
(c) The department may object to the placement of the CAMU-eligible waste in the landfill within 30 days of notification; the department may extend the review period an additional 30 days because of public concerns or insufficient information.
NR 664.0555(5)(d)
(d) CAMU-eligible wastes may not be placed in the landfill until the department has notified the facility owner or operator that the department does not object to its placement.
NR 664.0555(5)(e)
(e) If the department objects to the placement or does not notify the facility owner or operator that the department has chosen not to object, the facility may not receive the waste, notwithstanding s.
NR 670.004 (1), until the objection has been resolved, or the owner or operator obtains a license or permit modification in accordance with the procedures of s.
NR 670.042 specifically authorizing receipt of the waste.
NR 664.0555(5)(f)
(f) As part of the license or permit issuance or license or permit modification process of sub.
(4), the department may modify, reduce or eliminate the notification requirements of this subsection as they apply to specific categories of CAMU-eligible waste, based on minimal risk.
NR 664.0555(6)
(6) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this section shall comply with the requirements of s.
NR 668.07 (1) (d); off-site facilities treating CAMU-eligible wastes to comply with this section shall comply with the requirements of s.
NR 668.07 (2) (d) or
40 CFR 268.7(b)(4), except that the certification shall be with respect to the treatment requirements of sub.
(1) (b).
NR 664.0555 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0570(1)(1)
The requirements of this subchapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation or surface water run-off to an associated collection system. Existing drip pads are those constructed before June 1, 1995 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to June 1, 1995. All other drip pads are new drip pads.
NR 664.0570(2)
(2) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not regulated under s.
NR 664.0573 (5) or
(6), as appropriate.
NR 664.0570(3)
(3) The requirements of this subchapter are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of the infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do all of the following:
NR 664.0570(3)(d)
(d) Manage the contaminated media in a manner consistent with state rules.
NR 664.0570 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0571
NR 664.0571 Assessment of existing drip pad integrity. NR 664.0571(1)(1)
For each existing drip pad as defined in s.
NR 664.0570, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this subchapter, except the requirements for liners and leak detection systems of s.
NR 664.0573 (2). No later than August 1, 2017, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and re-certified annually until all upgrades, repairs or modifications necessary to achieve compliance with all of the standards of s.
NR 664.0573 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of s.
NR 664.0573, except the standards for liners and leak detection systems, specified in s.
NR 664.0573 (2).
NR 664.0571(2)
(2) The owner or operator shall develop a written plan for upgrading, repairing and modifying the drip pad to meet the requirements of s.
NR 664.0573 (2), and submit the plan to the department no later than 2 years before the date that all repairs, upgrades and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of s.
NR 664.0573. The plan shall be reviewed and certified by a qualified professional engineer.
NR 664.0571(3)
(3) Upon completion of all upgrades, repairs and modifications, the owner or operator shall submit to the department, the as-built drawings for the drip pad together with a certification by a qualified professional engineer attesting that the drip pad conforms to the drawings.
NR 664.0571(4)
(4) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of s.
NR 664.0573 (13) or close the drip pad in accordance with s.
NR 664.0575.
NR 664.0571 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (1) to (3)
Register July 2017 No. 739, eff. 8-1-17.
NR 664.0572
NR 664.0572 Design and installation of new drip pads. Owners and operators of new drip pads shall ensure that the pads are designed, installed and operated in accordance with one of the following:
NR 664.0572 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0573
NR 664.0573 Design and operating requirements. NR 664.0573(1)(a)
(a) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt.
NR 664.0573(1)(b)
(b) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system.
NR 664.0573(1)(d)1.1. Have a hydraulic conductivity of less than or equal to 1
×10
-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated or covered with a surface material with a hydraulic conductivity of less than or equal to 1
×10
-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing the drippage and mixtures of drippage and precipitation, materials or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with s.
NR 664.0572 (2) instead of s.
NR 664.0572 (1).
NR 664.0573(1)(d)2.
2. The owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for sub.
(2).
NR 664.0573(1)(e)
(e) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions and the stress of daily operations, including variable and moving loads such as vehicle traffic or movement of wood.
NR 664.0573 Note
Note: The department will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of par. (e).
NR 664.0573(2)(a)
(a) A synthetic liner installed below the drip pad that is designed, constructed and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall comply with all of the following:
NR 664.0573(2)(a)1.
1. Be 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 drip pad leakage to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from vehicular traffic on the drip pad).
NR 664.0573(2)(a)2.
2. Be 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 664.0573(2)(a)3.
3. Be installed to cover all surrounding earth that could come in contact with the waste or leakage.
NR 664.0573(2)(b)
(b) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system shall comply with all of the following:
NR 664.0573(2)(b)1.a.
a. Chemically resistant to the waste managed in the drip pad and the leakage that might be generated.
NR 664.0573(2)(b)1.b.
b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad.
NR 664.0573(2)(b)2.
2. Be designed and operated to function without clogging through the scheduled closure of the drip pad.
NR 664.0573(2)(b)3.
3. Be designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
