Chapter NR 665

NR 665.0093(4)(a) (a) If the analyses performed under sub. (3) (b) confirm the significant increase (or pH decrease), the owner or operator shall provide written notice to the department—within 7 days of the date of the confirmation—that the facility may be affecting groundwater quality.

NR 665.0093(4)(b) (b) Within 15 days after the notification under par. (a), the owner or operator shall develop and submit to the department a specific plan, based on the outline required under sub. (1) and certified by a qualified geologist or geotechnical engineer, for a groundwater quality assessment program at the facility. This plan shall be placed in the facility’s operating record and be maintained until closure of the facility.

NR 665.0093(4)(c) (c) The plan to be submitted under s. NR 665.0090 (4) (a) or (b) shall specify all of the following:

NR 665.0093(4)(c)1. 1. The number, location and depth of wells.

NR 665.0093(4)(c)2. 2. Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility.

NR 665.0093(4)(c)3. 3. Evaluation procedures, including any use of previously-gathered groundwater quality information.

NR 665.0093(4)(c)4. 4. A schedule of implementation.

NR 665.0093(4)(d) (d) The owner or operator shall implement the groundwater quality assessment plan which satisfies the requirements of par. (c), and, at a minimum, determine all of the following:

NR 665.0093(4)(d)1. 1. The rate and extent of migration of the hazardous waste or hazardous waste constituents in the groundwater.

NR 665.0093(4)(d)2. 2. The concentrations of the hazardous waste or hazardous waste constituents in the groundwater.

NR 665.0093(4)(e) (e) The owner or operator shall make the first determination under par. (d) as soon as technically feasible, and, within 15 days after that determination, submit to the department a written report containing an assessment of the groundwater quality. This report shall be placed in the facility’s operating record and be maintained until closure of the facility.

NR 665.0093(4)(f) (f) If the owner or operator determines, based on the results of the first determination under par. (d), that no hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator may reinstate the indicator evaluation program described in s. NR 665.0092 and sub. (2). If the owner or operator reinstates the indicator evaluation program, the owner or operator shall so notify the department in the report submitted under par. (e).

NR 665.0093(4)(g) (g) If the owner or operator determines, based on the first determination under par. (d), that hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator:

NR 665.0093(4)(g)1. 1. Shall continue to make the determinations required under par. (d) on a quarterly basis until final closure of the facility, if the groundwater quality assessment plan was implemented prior to final closure of the facility.

NR 665.0093(4)(g)2. 2. May cease to make the determinations required under par. (d), if the groundwater quality assessment plan was implemented during the long-term care period.

NR 665.0093(5) (5) Notwithstanding any other provision of this subchapter, any groundwater quality assessment to satisfy the requirements of sub. (4) (d) which is initiated prior to final closure of the facility shall be completed and reported in accordance with sub. (4) (e).

NR 665.0093(6) (6) Unless the groundwater is monitored to satisfy the requirements of sub. (4) (d), at least annually the owner or operator shall evaluate the data on groundwater surface elevations obtained under s. NR 665.0092 (5) to determine whether the requirements under s. NR 665.0091 (1) for locating the monitoring wells continues to be satisfied. If the evaluation shows that s. NR 665.0091 (1) is no longer satisfied, the owner or operator shall immediately modify the number, location or depth of the monitoring wells to bring the groundwater monitoring system into compliance with s. NR 665.0091 (1).

NR 665.0093 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4) (b), (e) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0094 NR 665.0094 Recordkeeping and reporting.

NR 665.0094(1) (1) Unless the groundwater is monitored to satisfy the requirements of s. NR 665.0093 (4) (d), the owner or operator shall do all of the following:

NR 665.0094(1)(a) (a) Keep records of the analyses required in s. NR 665.0092 (3) and (4), the associated groundwater surface elevations required in s. NR 665.0092 (5) and the evaluations required in s. NR 665.0093 (2) throughout the active life of the facility, and, for disposal facilities, throughout the long-term care period as well.

NR 665.0094(1)(b) (b) Report all of the following groundwater monitoring information to the department:

NR 665.0094(1)(b)1. 1. During the first year when initial background concentrations are being established for the facility: Concentrations or values of the parameters listed in s. NR 665.0092 (2) (a) for each groundwater monitoring well within 15 days after completing each quarterly analysis. The owner or operator shall separately identify for each monitoring well any parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in ch. NR 665 Appendix III.

NR 665.0094(1)(b)2. 2. Annually: Concentrations or values of the parameters listed in s. NR 665.0092 (2) (c) for each groundwater monitoring well, along with the required evaluations for these parameters under s. NR 665.0093 (2). The owner or operator shall separately identify any significant differences from initial background found in the upgradient wells, in accordance with s. NR 665.0093 (3) (a). During the active life of the facility, this information shall be submitted no later than March 1 following each calendar year.

NR 665.0094(1)(b)3. 3. No later than March 1 following each calendar year: Results of the evaluations of groundwater surface elevations under s. NR 665.0093 (6), and a description of the response to that evaluation, where applicable.

NR 665.0094(2) (2) If the groundwater is monitored to satisfy the requirements of s. NR 665.0093 (4) (d), the owner or operator shall do all of the following:

NR 665.0094(2)(a) (a) Keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of s. NR 665.0093 (4) (c), throughout the active life of the facility, and, for disposal facilities, throughout the long-term care period as well.

NR 665.0094(2)(b) (b) Annually, until final closure of the facility, submit to the department a report containing the results of the groundwater quality assessment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in the groundwater during the reporting period. This information shall be submitted no later than March 1 following each calendar year.

NR 665.0094 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

subch. G of ch. NR 665 Subchapter G — Closure and Long-Term Care

NR 665.0110 NR 665.0110 Applicability. Except as s. NR 665.0001 provides otherwise:

NR 665.0110(1) (1) Sections NR 665.0111 to 665.0115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities.

NR 665.0110(2) (2) Sections NR 665.0116 to 665.0120 (which concern long-term care) apply to the owners and operators of all of the following:

NR 665.0110(2)(a) (a) All hazardous waste disposal facilities.

NR 665.0110(2)(b) (b) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to the facilities in s. NR 665.0228 or 665.0258.

NR 665.0110(2)(c) (c) Tank systems that are required under s. NR 665.0197 to meet requirements for landfills.

NR 665.0110(2)(d) (d) Containment building that are required under s. NR 665.1102 to meet the requirements for landfills.

NR 665.0110(3) (3) Section NR 665.0121 applies to owners and operators of units that are subject to the requirements of s. NR 670.001 (3) (g) and are regulated under an enforceable document (as defined in s. NR 670.001 (3) (g)).

NR 665.0110(4) (4) The department may replace all or part of the requirements of this subchapter (and the unit-specific standards in s. NR 665.0111 (3)) applying to a regulated unit (as defined in s. NR 664.0090), with alternative requirements for closure 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 both of the following conditions are met:

NR 665.0110(4)(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 665.0110(4)(b) (b) It is not necessary to apply the closure requirements of this subchapter (or those referenced in this subchapter) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard of s. NR 665.0111 (1) and (2).

NR 665.0110 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0111 NR 665.0111 Closure performance standard. The owner or operator shall close the facility in a manner that does all of the following:

NR 665.0111(1) (1) Minimizes the need for further maintenance.

NR 665.0111(2) (2) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

NR 665.0111(3) (3) Complies with the closure requirements of this subchapter, including, but not limited to, the requirements of ss. NR 665.0197, 665.0228, 665.0258, 665.0310, 665.0351, 665.0381, 665.0404 and 665.1102.

NR 665.0111(4) (4) Meets, in the case of a landfill or surface impoundment, applicable requirements in ch. NR 140 and applicable soil cleanup standards in ch. NR 720 or meets the applicable closure requirements of sub. (2) or (3), whichever are more stringent.

NR 665.0111 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0112 NR 665.0112 Closure plan; amendment of plan.

NR 665.0112(1) (1) Written plan. By February 1, 1982, or by 6 months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility shall have a written closure plan. Until final closure is completed and certified in accordance with s. NR 665.0115, a copy of the most current plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department.

NR 665.0112(2) (2) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility, or both, at any point during its active life. The closure plan shall include, at least all of the following:

NR 665.0112(2)(a) (a) A description of how each hazardous waste management unit at the facility will be closed in accordance with s. NR 665.0111.

NR 665.0112(2)(b) (b) A description of how final closure of the facility will be conducted in accordance with s. NR 665.0111. The description shall identify the maximum extent of the operation which will be unclosed during the active life of the facility.

NR 665.0112(2)(c) (c) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial and final closure, including, but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the types of off-site hazardous waste management units to be used, if applicable.

NR 665.0112(2)(d) (d) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils and criteria for determining the extent of decontamination necessary to satisfy the closure performance standard.

NR 665.0112(2)(e) (e) A detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection and run-on and run-off control.

NR 665.0112(2)(f) (f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.).

NR 665.0112(2)(g) (g) An estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial assurance under s. NR 665.0143 or 665.0145 and whose remaining operating life is less than 20 years, and for facilities without approved closure plans.

NR 665.0112(2)(h) (h) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.

NR 665.0112(3) (3) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan shall submit a written request to the department to authorize a change to the approved closure plan. The written request shall include a copy of the amended closure plan for approval by the department.

NR 665.0112(3)(a) (a) The owner or operator shall amend the closure plan under any of the following circumstances:

NR 665.0112(3)(a)1. 1. Changes in operating plans or facility design affect the closure plan.

NR 665.0112(3)(a)2. 2. There is a change in the expected year of closure, if applicable.

NR 665.0112(3)(a)3. 3. In conducting partial or final closure activities, unexpected events require a modification of the closure plan.

NR 665.0112(3)(a)4. 4. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4).

NR 665.0112(3)(b) (b) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with s. NR 665.0310.

NR 665.0112(3)(c) (c) An owner or operator with an approved closure plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan no more than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with s. NR 665.0310. If the amendment to the plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (4) (d).

NR 665.0112(3)(d) (d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved in accordance with the procedures in sub. (4) (d).

NR 665.0112(4) (4) Notification of partial closure and final closure.

NR 665.0112(4)(a) (a) The owner or operator shall notify the department in writing of the intent to close the facility at least 180 days prior to the partial or final closure of a hazardous waste facility. The owner or operator shall submit the closure plan to the department at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage or incinerator units.

NR 665.0112(4)(b) (b) The date when the owner or operator “expects to begin closure” shall be either of the following:

NR 665.0112(4)(b)1. 1. Within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim license requirements, the department may approve an extension to this one-year limit.

NR 665.0112(4)(b)2. 2. For units meeting the requirements of s. NR 665.0113 (4), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of nonhazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional nonhazardous wastes, no later than one year after the date on which the unit received the most recent volume of nonhazardous wastes. If the owner or operator can demonstrate to the department that the hazardous waste management unit has the capacity to receive additional nonhazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements, the department may approve an extension to this one-year limit.

NR 665.0112(4)(c) (c) The owner or operator shall submit its closure plan to the department no later than 15 days after either of the following:

NR 665.0112(4)(c)1. 1. Denial, suspension or revocation of an interim license except when an operating license is issued simultaneously with revocation of an interim license.

NR 665.0112(4)(c)2. 2. Issuance of a judicial decree, department order, or final order pursuant to 42 USC 6928 (h) to cease receiving waste or close.

NR 665.0112(4)(d) (d) The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department will approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved closure plan. The department shall assure that the approved plan is consistent with ss. NR 665.0111, 665.0113 to 665.0115 and this section and the applicable requirements of subch. F and ss. NR 665.0197, 665.0228, 665.0258, 665.0310, 665.0351, 665.0381, 665.0404 and 664.1102. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.

NR 665.0112(5) (5) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.

NR 665.0112 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4) (c) 2. Register August 2020 No. 776, eff. 9-1-20.

NR 665.0113 NR 665.0113 Closure; time allowed for closure.

NR 665.0113(1) (1) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the unit or facility or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The department may approve a longer period if the owner or operator demonstrates that the conditions in pars. (a) and (b) are met:

NR 665.0113(1)(a) (a) Either of the following applies:

NR 665.0113(1)(a)1. 1. The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete.

NR 665.0113(1)(a)2. 2. All of the following apply:

NR 665.0113(1)(a)2.a. a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subs. (4) and (5).

NR 665.0113(1)(a)2.b. b. There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year.

NR 665.0113(1)(a)2.c. c. Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.

NR 665.0113(1)(b) (b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements.

NR 665.0113(2) (2) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The department may approve an extension to the closure period if the owner or operator demonstrates that the conditions in pars. (a) and (b) are met: