Chapter NR 664

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)(a)2. 2. You shall request a class 2 modification under s. NR 670.042.

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)(c) (c) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you shall follow the applicable requirements under s. NR 664.0112 (3) or 665.0112 (3).

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)(a) (a) The waste meets the definition of CAMU-eligible waste in s. NR 664.0552 (1) (a) and (b).

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)1. 1. The treatment standards under s. NR 664.0552 (5) (d) 4.

NR 664.0555(1)(b)2. 2. Treatment standards adjusted in accordance with s. NR 664.0552 (5) (d) 5. a., c., d. or e. 1).

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(7) (7) For the purposes of this section only, the “design of the CAMU” in s. NR 664.0552 (5) (d) 5. e. means design of the licensed or permitted hazardous waste landfill.

NR 664.0555 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. W of ch. NR 664 Subchapter W — Drip Pads

NR 664.0570 NR 664.0570 Applicability.

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)(a) (a) Clean up the drippage.

NR 664.0570(3)(b) (b) Document the cleanup of the drippage.

NR 664.0570(3)(c) (c) Retain documents regarding cleanup for 3 years.

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(1) (1) All of the requirements of s. NR 664.0573 (except s. NR 664.0573 (1) (d)), s. NR 664.0574 and s. NR 664.0575.

NR 664.0572(2) (2) All of the requirements of ss. NR 664.0573 (except s. NR 664.0573 (2)), s. NR 664.0574 and s. NR 664.0575.

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) (1) Drip pads shall comply with all of the following:

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)(c) (c) Have a curb or berm around the perimeter.

NR 664.0573(1)(d) (d)

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) (2) If an owner or operator elects to comply with s. NR 664.0572 (1) instead of s. NR 664.0572 (2), the drip pad shall have all of the following:

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. 1. Be constructed of materials that are 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.

NR 664.0573(2)(c) (c) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time and quantity of any leakage collected in this system and removed shall be documented in the operating log.

NR 664.0573(3) (3) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the drip pad.

NR 664.0573 Note Note: See sub. (13) for remedial action required if deterioration or leakage is detected.

NR 664.0573(4) (4) The drip pad and associated collection system shall be designed and operated to convey, drain and collect liquid resulting from drippage or precipitation in order to prevent run-off.

NR 664.0573(5) (5) Unless protected by a structure, as described in s. NR 664.0570 (2), the owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

NR 664.0573(6) (6) Unless protected by a structure or cover as described in s. NR 664.0570 (2), the owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

NR 664.0573(7) (7) The drip pad shall be evaluated to determine that it meets the requirements of subs. (1) to (6), and the owner or operator shall obtain a statement from a qualified professional engineer certifying that the drip pad design meets the requirements of this section.

NR 664.0573(8) (8) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

NR 664.0573(9) (9) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility’s operating log. The owner or operator shall determine if the residues are hazardous per s. NR 662.011 and, if so, shall manage them under chs. NR 661 to 668, 670 and s. 291.05 (1), Stats.

NR 664.0573(10) (10) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

NR 664.0573(11) (11) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

NR 664.0573(12) (12) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

NR 664.0573(13) (13) Throughout the active life of the drip pad and as specified in the license, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with all of the following procedures:

NR 664.0573(13)(a) (a) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator shall do all of the following:

NR 664.0573(13)(a)1. 1. Enter a record of the discovery in the facility operating log.

NR 664.0573(13)(a)2. 2. Immediately remove the portion of the drip pad affected by the condition from service.

NR 664.0573(13)(a)3. 3. Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs.

NR 664.0573(13)(a)4. 4. Immediately after discovery of the condition, notify the department of the condition and, within 10 working days, provide written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.

NR 664.0573(13)(b) (b) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.