Chapter NR 665

NR 665.0020 NR 665.0020 Schedule of compliance for corrective action. The license issued under s. 291.25 (4), Stats., shall contain schedules of compliance for the corrective action and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats.

NR 665.0020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

subch. C of ch. NR 665 Subchapter C — Preparedness and Prevention

NR 665.0030 NR 665.0030 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise.

NR 665.0030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0031 NR 665.0031 Maintenance and operation of facility. Facilities shall be 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 665.0031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0032 NR 665.0032 Required equipment. All facilities shall be equipped with all of the following, unless none of the hazards posed by waste handled at the facility could require any of the following particular kinds of equipment:

NR 665.0032(1) (1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

NR 665.0032(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 665.0032(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 665.0032(4) (4) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers or water spray systems.

NR 665.0032 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0033 NR 665.0033 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 665.0033 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0034 NR 665.0034 Access to communications or alarm system.

NR 665.0034(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 such a device is not required under s. NR 665.0032.

NR 665.0034(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 such a device is not required under s. NR 665.0032.

NR 665.0034 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0035 NR 665.0035 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 aisle space is not needed for any of these purposes.

NR 665.0035 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0037 NR 665.0037 Arrangements with local authorities.

NR 665.0037(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 665.0037(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 roads inside the facility and possible evacuation routes.

NR 665.0037(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 665.0037(1)(c) (c) Agreements with state emergency response teams, emergency response contractors and equipment suppliers.

NR 665.0037(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 665.0037(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 665.0037 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. D of ch. NR 665 Subchapter D — Contingency Plan and Emergency Procedures

NR 665.0050 NR 665.0050 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise.

NR 665.0050 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0051 NR 665.0051 Purpose and implementation of contingency plan.

NR 665.0051(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 665.0051(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 665.0051 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0052 NR 665.0052 Content of contingency plan.

NR 665.0052(1) (1) The contingency plan shall describe the actions facility personnel must take to comply with ss. NR 665.0051 and 665.0056 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 665.0052(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 which 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 665.0052(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 665.0037.

NR 665.0052(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 665.0055), 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.

NR 665.0052(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 665.0052(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 665.0052 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 665.0053 NR 665.0053 Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be:

NR 665.0053(1) (1) Maintained at the facility.

NR 665.0053(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.

NR 665.0053 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0054 NR 665.0054 Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any of the following occurs:

NR 665.0054(1) (1) Applicable rules or the facility interim license are revised.

NR 665.0054(2) (2) The plan fails in an emergency.

NR 665.0054(3) (3) The facility changes—in its design, construction, operation, maintenance or other circumstances—in a way that materially increases the potential for fires, explosions or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.

NR 665.0054(4) (4) The list of emergency coordinators changes.

NR 665.0054(5) (5) The list of emergency equipment changes.

NR 665.0054 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0055 NR 665.0055 Emergency coordinator. At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.

NR 665.0055 Note Note: The emergency coordinator’s responsibilities are more fully spelled out in s. NR 665.0056. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of wastes handled by the facility, and type and complexity of the facility.

NR 665.0055 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0056 NR 665.0056 Emergency procedures.

NR 665.0056(1) (1) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or a designee when the emergency coordinator is on call) shall immediately do all of the following:

NR 665.0056(1)(a) (a) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.

NR 665.0056(1)(b) (b) Notify appropriate state or local agencies with designated response roles if their help is needed.

NR 665.0056(2) (2) Whenever there is a release, fire or explosion, the emergency coordinator shall immediately identify the character, exact source, amount and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.

NR 665.0056(3) (3) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire or explosion. This assessment shall consider both direct and indirect effects of the release, fire or explosion (e.g., the effects of any toxic, irritating or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

NR 665.0056(4) (4) If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health, or the environment, outside the facility, that person shall report the findings according to all of the following:

NR 665.0056(4)(a) (a) If the emergency coordinator’s assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.

NR 665.0056(4)(b) (b) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area (in the applicable regional contingency plan under 40 CFR part 300), or the national response center (using its 24-hour toll free number 800/424-8802) and the division of emergency government (using its 24-hour toll free number 800/943-0003). The report shall include all of the following:

NR 665.0056(4)(b)1. 1. Name and telephone number of reporter.

NR 665.0056(4)(b)2. 2. Name and address of facility.

NR 665.0056(4)(b)3. 3. Time and type of incident (e.g., release, fire).

NR 665.0056(4)(b)4. 4. Name and quantity of materials involved, to the extent known.

NR 665.0056(4)(b)5. 5. The extent of injuries, if any.

NR 665.0056(4)(b)6. 6. The possible hazards to human health or the environment, outside the facility.

NR 665.0056(5) (5) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions and releases do not occur, recur or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste and removing or isolating containers.

NR 665.0056(6) (6) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, wherever this is appropriate.

NR 665.0056(7) (7) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water or any other material that results from a release, fire or explosion at the facility.

NR 665.0056 Note Note: Unless the owner or operator can demonstrate, according to s. NR 661.0003 (3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to all applicable requirements of chs. NR 662 and 663 and this chapter.

NR 665.0056(8) (8) The emergency coordinator shall ensure all of the following, in the affected areas of the facility:

NR 665.0056(8)(a) (a) No waste that may be incompatible with the released material is treated, stored or disposed of until cleanup procedures are completed.

NR 665.0056(8)(b) (b) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

NR 665.0056(9) (9) The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the department. The report shall include all of the following:

NR 665.0056(9)(a) (a) Name, address and telephone number of the owner or operator.

NR 665.0056(9)(b) (b) Name, address and telephone number of the facility.

NR 665.0056(9)(c) (c) Date, time and type of incident (e.g., fire, explosion).

NR 665.0056(9)(d) (d) Name and quantity of materials involved.

NR 665.0056(9)(e) (e) The extent of injuries, if any.

NR 665.0056(9)(f) (f) An assessment of actual or potential hazards to human health or the environment, where this is applicable.

NR 665.0056(9)(g) (g) Estimated quantity and disposition of recovered material that resulted from the incident.

NR 665.0056 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (9), renum. (10) to (9) Register July 2017 No. 739, eff. 8-1-17.