NR 665.0072 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am.
Register March 2007 No. 615, eff. 4-1-07;
CR 16-007: am. (6) (a)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (1) (c), (4) (a), (5) (f), (6) (a), (g), cr. (6) (h), am. (7)
Register August 2020 No. 776, eff. 9-1-20;
correction in (6) (h) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 665.0073(1)(1)
The owner or operator shall keep a written operating record at the facility.
NR 665.0073(2)
(2) All of the following information shall be recorded, as it becomes available, and maintained in the operating record for 3 years unless noted as follows:
NR 665.0073(2)(a)
(a) A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage, or disposal at the facility as required by ch.
NR 665 Appendix I. This information shall be maintained in the operating record until closure of the facility.
NR 665.0073(2)(b)
(b) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest. This information shall be maintained in the operating record until closure of the facility.
NR 665.0073 Note
Note: See s.
NR 665.0119 for related requirements.
NR 665.0073(2)(c)
(c) Records and results of waste analysis, waste determinations and trial tests performed as specified in ss.
NR 665.0013,
665.0200,
665.0225,
665.0252,
665.0314,
665.0341,
665.0375,
665.0402,
665.1034,
665.1063,
665.1084,
668.04 (1) and
668.07.
NR 665.0073(2)(f)
(f) Maintain in the operating record for 3 years the monitoring, testing or analytical data, and corrective actions where required by subch.
F and by ss.
NR 665.0019,
665.0094,
665.0191,
665.0193,
665.0195,
665.0224,
665.0226,
665.0255,
665.0260,
665.0302,
665.0304,
665.0347,
665.0377,
665.1034 (3) to
(6),
665.1035,
665.1063 (4) to
(9),
665.1064, and
665.1083 to
665.1090. Records and results pertaining to groundwater monitoring and cleanup shall be maintained in the operating record until closure of the facility.
NR 665.0073 Note
Note: As required by s.
NR 665.0094, monitoring data at disposal facilities shall be kept throughout the long-term care period
.
NR 665.0073(2)(g)
(g) All closure cost estimates under s.
NR 665.0142 and, for disposal facilities, all long-term care cost estimates under s.
NR 665.0144 shall be maintained in the operating record until closure of the facility.
NR 665.0073(2)(h)
(h) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to s.
NR 668.05, monitoring data required pursuant to a petition under s.
NR 668.06 and the applicable notice required by a generator under s.
NR 668.07 (1). All of this information shall be maintained in the operating record until closure of the facility.
NR 665.0073(2)(i)
(i) For an off-site treatment facility, a copy of the notice required by the generator or the owner or operator under s.
NR 668.07.
NR 665.0073(2)(j)
(j) For an on-site treatment facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under s.
NR 668.07.
NR 665.0073(2)(k)
(k) For an off-site land disposal facility, a copy of the notice required by the generator or the owner or operator of a treatment facility under s.
NR 668.07.
NR 665.0073(2)(L)
(L) For an on-site land disposal facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator of a treatment facility under s.
NR 668.07.
NR 665.0073(2)(m)
(m) For an off-site storage facility, a copy of the notice required by the generator or the owner or operator under s.
NR 668.07.
NR 665.0073(2)(n)
(n) For an on-site storage facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator of a treatment facility under s.
NR 668.07.
NR 665.0073 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687;
CR 16-007: am. (2) (intro.), (a), (b), (f) to (h), cr. (2) (o)
Register July 2017 No. 739, eff. 8-1-17; correction in (2) (d), (f) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2017 No. 739.
NR 665.0074
NR 665.0074 Availability, retention and disposition of records. NR 665.0074(1)(1)
All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee or representative of the department.
NR 665.0074(2)
(2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the department.
NR 665.0074(3)
(3) A copy of records of waste disposal locations and quantities under s.
NR 665.0073 (2) (b) shall be submitted to the department and local land authority upon closure of the facility (see s.
NR 665.0119).
NR 665.0074 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0075
NR 665.0075 Annual report. The owner or operator shall prepare and submit a single copy of a annual report to the department by March 1 of each year. The annual report shall be submitted on department forms, shall cover facility activities during the previous calendar year and shall, at a minimum, include all of the following information:
NR 665.0075(1)
(1) The EPA identification number, name and address of the facility.
NR 665.0075(3)
(3) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year. For imported shipments, the report shall give the name and address of the foreign generator.
NR 665.0075(4)
(4) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information shall be listed by EPA identification number of each generator.
NR 665.0075(5)
(5) The method of treatment, storage or disposal for each hazardous waste.
NR 665.0075(8)
(8) For generators who treat, store or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
NR 665.0075(9)
(9) For generators who treat, store or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for the years prior to 1984.
NR 665.0075(10)
(10) The certification signed by the owner or operator of the facility or an authorized representative.
NR 665.0075 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 665.0076(1)(1)
If a facility accepts for treatment, storage or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in s.
NR 663.20 (5), and if the waste is not excluded from the manifest requirement by chs.
NR 660 to
679, then the owner or operator shall prepare and submit a report to the department within 15 days after receiving the waste. The unmanifested waste report shall contain all of the following information:
NR 665.0076(1)(a)
(a) The EPA identification number, name and address of the facility.
NR 665.0076(1)(c)
(c) The EPA identification number, name and address of the generator and the transporter, if available.
NR 665.0076(1)(d)
(d) A description and the quantity of each unmanifested hazardous waste the facility received.
NR 665.0076(1)(e)
(e) The method of treatment, storage or disposal for each hazardous waste.
NR 665.0076(1)(f)
(f) The certification signed by the owner or operator of the facility or an authorized representative.
NR 665.0076(1)(g)
(g) A brief explanation of why the waste was unmanifested, if known.
NR 665.0076 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am.
Register March 2007 No. 615, eff. 4-1-07; corrections in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2007 No. 615.
NR 665.0077
NR 665.0077 Additional reports. In addition to submitting the annual and unmanifested waste reports described in ss.
NR 665.0075 and
665.0076, the owner or operator shall also report all of the following to the department:
NR 665.0077 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 July 2017 No 739.
NR 665.0090(1)(1)
By August 1, 1982, the owner or operator of a surface impoundment or landfill facility which is used to manage hazardous waste shall implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as s.
NR 665.0001 and sub.
(3) provide otherwise.
NR 665.0090(2)
(2) Except as subs.
(3) and
(4) provide otherwise, the owner or operator shall install, operate and maintain a groundwater monitoring system which meets the requirements of s.
NR 665.0091 and chs.
NR 140 and
141, and shall comply with ss.
NR 665.0092 to
665.0094. This groundwater monitoring program shall be carried out during the active life of the facility, and for disposal facilities, during the long-term care period as well.
NR 665.0090(3)
(3) All or part of the groundwater monitoring requirements of this subchapter may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial or agricultural) or to surface water. This demonstration shall be in writing, and shall be kept at the facility. This demonstration shall be certified by a qualified geologist or geotechnical engineer and shall establish all of the following:
NR 665.0090(3)(a)
(a) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of all of the following:
NR 665.0090(3)(a)1.
1. A water balance of precipitation, evapotranspiration, runoff and infiltration.
NR 665.0090(3)(a)2.
2. Unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to groundwater).
NR 665.0090(3)(b)
(b) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of all of the following:
NR 665.0090(3)(b)1.
1. Saturated zone characteristics (i.e., geologic materials, physical properties and rate of groundwater flow).
NR 665.0090(4)
(4) If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters in accordance with ss.
NR 665.0091 and
665.0092 would show statistically significant increases (or decreases in the case of pH) when evaluated under s.
NR 665.0093 (2), the owner or operator may install, operate and maintain an alternate groundwater monitoring system (other than the one described in ss.
NR 665.0091 and
665.0092). If the owner or operator decides to use an alternate groundwater monitoring system, the owner or operator shall do all of the following:
NR 665.0090(4)(a)
(a) Within one year after August 1, 2017, submit to the department a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of s.
NR 665.0093 (4) (c), for an alternate groundwater monitoring system. This plan shall be placed in the facility's operating record and be maintained until closure of the facility.
NR 665.0090(4)(c)
(c) Prepare and submit a written report in accordance with s.
NR 665.0093 (4) (e), and place it in the facility's operating record and maintain it until closure of the facility.
NR 665.0090(5)
(5) The groundwater monitoring requirements of this subchapter may be waived with respect to any surface impoundment that is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under s.
NR 661.0022 or are listed as hazardous wastes in subch.
D of ch. NR 661 only for this reason, and contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration shall establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration shall be in writing and shall be certified by a qualified professional.
NR 665.0090(6)
(6) The department may replace all or part of the requirements of this subchapter applying to a regulated unit (as defined in s.
NR 664.0090), with alternative requirements developed for groundwater monitoring set out in an approved closure or long-term care plan or in an enforceable document (as defined in s.
NR 670.001 (3) (g)), where the department determines that all of the following apply:
NR 665.0090(6)(a)
(a) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release.
NR 665.0090(6)(b)
(b) It is not necessary to apply the requirements of this subchapter because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit shall meet the requirements of s.
NR 664.0101 (1).
NR 665.0090 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 16-007: am. (4) (a), (c)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: am. (5)
Register August 2020 No. 776, eff. 9-1-20.
NR 665.0091(1)(1)
A groundwater monitoring system shall be capable of yielding groundwater samples for analysis and shall consist of all of the following:
NR 665.0091(1)(a)
(a) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations and depths shall be sufficient to yield groundwater samples that are all of the following:
NR 665.0091(1)(a)1.
1. Representative of background groundwater quality in the uppermost aquifer near the facility.
NR 665.0091(1)(b)
(b) Monitoring wells (at least 3) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations and depths shall ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.
NR 665.0091(1)(c)
(c) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet all of the following criteria. The demonstration shall be in writing and kept at the facility. The demonstration shall be certified by a qualified groundwater scientist and establish that all of the following apply:
NR 665.0091(1)(c)1.
1. An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area.
NR 665.0091(1)(c)2.
2. The selected alternate downgradient location is as close to the limit of the waste management area as practical.
NR 665.0091(1)(c)3.
3. The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer.
NR 665.0091(1)(c)4.
4. Lateral expansion, new or replacement units are not eligible for an alternate downgradient location under this paragraph.
