NR 665.0196(1)(1) Cessation of use; prevent flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release. NR 665.0196(2)(2) Removal of waste from tank system or secondary containment system. NR 665.0196(2)(a)(a) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed. NR 665.0196(2)(b)(b) If the release was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment. NR 665.0196(3)(3) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection do all of the following: NR 665.0196(3)(a)(a) Prevent further migration of the leak or spill to soils or surface water. NR 665.0196(3)(b)(b) Remove, and properly dispose of, any visible contamination of the soil or surface water. NR 665.0196(4)(a)(a) Any release to the environment, except as provided in par. (b), shall be reported to the department within 24 hours of detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement. NR 665.0196(4)(b)(b) A leak or spill of hazardous waste that is exempted from the requirements of this subsection if it is all of the following: NR 665.0196(4)(c)(c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department: NR 665.0196(4)(c)2.2. Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate). NR 665.0196(4)(c)3.3. Results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available. NR 665.0196(4)(c)4.4. Proximity to downgradient drinking water, surface water and population areas. NR 665.0196(5)(5) Provision of secondary containment, repair or closure. NR 665.0196(5)(b)(b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made. NR 665.0196(5)(c)(c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service. NR 665.0196(5)(d)(d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 665.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 665.0192 and 665.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 665.0193 prior to being returned to use. NR 665.0196(6)(6) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011 (4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility. NR 665.0196 NoteNote: The department or EPA regional administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924 (v), 6928 (h), or 6973 (a), requiring corrective action or other response as deemed necessary to protect human health or the environment. NR 665.0196 NoteNote: See s. NR 665.0015 (3) for the requirements necessary to remedy a failure. Also, if a hazardous substance is released to the environment, 40 CFR part 302 may require the owner or operator to notify the national response center and s. 292.11, Stats., and ch. NR 706 may require the owner or operator to notify the department. NR 665.0196 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17. NR 665.0197(1)(1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H. NR 665.0197(2)(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills ( s. NR 665.0310). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H. NR 665.0197(3)(3) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of s. NR 665.0193 (2) to (6) and which is not exempt from the secondary containment requirements in accordance with s. NR 665.0193 (7), then: NR 665.0197(3)(a)(a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2). NR 665.0197(3)(b)(b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report. NR 665.0197(3)(c)(c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1). NR 665.0197(3)(e)(e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H. NR 665.0197 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No. 776, eff. 9-1-20. NR 665.0198NR 665.0198 Special requirements for ignitable or reactive wastes. NR 665.0198(1)(1) Ignitable or reactive waste may not be placed in a tank system, unless par. (a), (b) or (c) applies: NR 665.0198(1)(a)(a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply: NR 665.0198(1)(b)(b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react. NR 665.0198(2)(2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in tanks shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11. NR 665.0198 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No. 776, eff. 9-1-20. NR 665.0199NR 665.0199 Special requirements for incompatible wastes. NR 665.0199(2)(2) Hazardous waste may not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless s. NR 665.0017 (2) is complied with. NR 665.0199 HistoryHistory: 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 March 2013 No. 687. NR 665.0200NR 665.0200 Waste analysis and trial tests. In addition to performing the waste analysis required by s. NR 665.0013, the owner or operator shall do any of the following, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system: NR 665.0200(1)(1) Conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests). NR 665.0200(2)(2) Obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of s. NR 665.0194 (1). NR 665.0200 NoteNote: Section NR 665.0013 requires the waste analysis plan to include analyses needed to comply with ss. NR 665.0198 and 665.0199. Section NR 665.0073 requires the owner or operator to place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility. NR 665.0200 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0202NR 665.0202 Air emission standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subchs. AA, BB and CC. NR 665.0202 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0220NR 665.0220 Applicability. This subchapter applies to owners and operators of facilities that use surface impoundments to treat, store or dispose of hazardous waste, except as s. NR 665.0001 provides otherwise. NR 665.0220 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0221NR 665.0221 Design and operating requirements. NR 665.0221(1)(1) The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment unit, and each replacement of an existing surface impoundment unit shall install 2 or more liners and a leachate collection and removal system between the liners, and operate the leachate collection and removal system in accordance with s. NR 664.0221 (3), unless exempted under s. NR 664.0221 (4), (5), or (6). NR 665.0221(2)(2) The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months of the receipt of the notice. NR 665.0221(3)(3) The owner or operator of any replacement surface impoundment unit is exempt from sub. (1) if both of the following apply: NR 665.0221(3)(b)(b) There is no reason to believe that the liner is not functioning as designed. NR 665.0221(4)(4) The double liner requirement in sub. (1) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met: NR 665.0221(4)(a)(a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.0024, with EPA hazardous waste numbers D004 to D017. NR 665.0221(4)(b)1.a.a. The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this subsection the term “liner” means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of sub. (1) on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of the impoundment shall comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action. NR 665.0221(4)(b)1.c.c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25, Stats. NR 665.0221(4)(b)2.2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time. NR 665.0221(5)(5) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of sub. (1) and in good faith compliance with sub. (1) and with guidance documents governing liners and leachate collection systems under sub. (1), no liner or leachate collection system which is different from that which was so installed pursuant to sub. (1) will be required for the unit by the department when issuing the first operating license to the facility, except that the department will not be precluded from requiring installation of a new liner when the department has reason to believe that any liner installed pursuant to the requirements of sub. (1) is leaking. NR 665.0221(6)(6) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action or a storm. Except as provided in sub. (7), there shall be at least 60 centimeters (2 feet) of freeboard. NR 665.0221(7)(7) A freeboard level less than 60 centimeters (2 feet) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of that person’s knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility. NR 665.0221(8)(8) Surface impoundments that are newly subject to 42 USC 6925 (j) (1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subs. (1), (3) and (4) not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period may not be cut short as the result of the promulgation of land disposal prohibitions under ch. NR 668 or the granting of an extension to the effective date of a prohibition pursuant to s. NR 668.05, within this 48-month period. NR 665.0222(1)(1) The owner or operator of surface impoundment units subject to s. NR 665.0221 (1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0221 (2). Within 60 days of receipt of the notification, the department shall establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section, or extend the review period for up to 30 days. If no action is taken by the department before the original 60 or extended 90 day review periods, the action leakage rate shall be approved as proposed by the owner or operator. NR 665.0222(2)(2) The department shall approve an action leakage rate for surface impoundment units subject to s. NR 665.0221 (1). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.). NR 665.0222(3)(3) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 665.0226 (2), to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with s. NR 665.0228 (1) (b), monthly during the long-term care period when monthly monitoring is required under s. NR 665.0226 (2). NR 665.0222 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0223NR 665.0223 Containment system. All earthen dikes shall have a protective cover, such as grass, shale or rock, to minimize wind and water erosion and to preserve their structural integrity. NR 665.0223 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0224(1)(1) The owner or operator of surface impoundment units subject to s. NR 665.0221 (1) shall develop and keep on site until closure of the facility a response action plan. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in sub. (2). NR 665.0224(2)(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall do all of the following:
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