Chapter NR 665

NR 665.0404 NR 665.0404 Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from treatment processes or equipment, discharge control equipment and discharge confinement structures.

NR 665.0404 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that any solid waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 and 663 and this chapter.

NR 665.0404 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0405 NR 665.0405 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a treatment process or equipment unless the requirements in sub. (1) or (2) are met:

NR 665.0405(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the treatment process or equipment so that both of the following conditions are met:

NR 665.0405(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 665.0405(1)(b) (b) Section NR 665.0017 (2) is complied with.

NR 665.0405(2) (2) The waste is treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react.

NR 665.0405 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No. 776, eff. 9-1-20.

NR 665.0406 NR 665.0406 Special requirements for incompatible wastes.

NR 665.0406(1) (1) Incompatible wastes, or incompatible wastes and materials, (see ch. NR 665 Appendix V for examples) may not be placed in the same treatment process or equipment, unless s. NR 665.0017 (2) is complied with.

NR 665.0406(2) (2) Hazardous waste may not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless s. NR 665.0017 (2) is complied with.

NR 665.0406 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 March 2013 No. 687.

subch. R of ch. NR 665 Subchapter R — Underground Injection

NR 665.0430 NR 665.0430 Applicability.

NR 665.0430(1) (1) Except as provided in sub. (2), underground injection of any hazardous waste through a well is prohibited.

NR 665.0430(2) (2) Underground injection of contaminated groundwater that meets the definition of hazardous waste or contains a hazardous waste may be allowed as part of a remedial action necessary for the cleanup of soil or groundwater contamination, and is not subject to the requirements of chs. NR 664 and 665 subchs. A to E, G, H and N, and chs. NR 668 and 670, provided that all of the following requirements are met:

NR 665.0430(2)(a) (a) A person who proposes to perform the injection obtains written approval from the department.

NR 665.0430(2)(b) (b) The criteria in s. NR 140.28 (5) are met.

NR 665.0430(2)(c) (c) The contaminated groundwater is treated before it is injected.

NR 665.0430(2)(d) (d) The groundwater is injected into the same formation from which it was withdrawn.

NR 665.0430 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. W of ch. NR 665 Subchapter W — Drip Pads

NR 665.0440 NR 665.0440 Applicability.

NR 665.0440(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 665.0440(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 665.0443 (5) or (6), as appropriate.

NR 665.0440(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 facility will do all of the following:

NR 665.0440(3)(a) (a) Clean up the drippage.

NR 665.0440(3)(b) (b) Document the cleanup of the drippage.

NR 665.0440(3)(c) (c) Retain documents regarding cleanup for 3 years.

NR 665.0440(3)(d) (d) Manage the contaminated media in a manner consistent with state rules.

NR 665.0440 History History: 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 665.0441 NR 665.0441 Assessment of existing drip pad integrity.

NR 665.0441(1) (1) For each existing drip pad as defined in s. NR 665.0440, 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 665.0443 (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 665.0443 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of s. NR 665.0443, except the standards for liners and leak detection systems, specified in s. NR 665.0443 (2).

NR 665.0441(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 665.0443 (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 665.0443. The plan shall be reviewed and certified by a qualified professional engineer.

NR 665.0441(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 665.0441(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 665.0443 (13) or close the drip pad in accordance with s. NR 665.0445.

NR 665.0441 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 665.0442 NR 665.0442 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 665.0442(1) (1) All of the applicable requirements of s. NR 665.0443 (except 665.0443(1)(d)), s. NR 665.0444 and s. NR 665.0445.

NR 665.0442(2) (2) All of the applicable requirements of s. NR 665.0443 (except 665.0443(2)), s. NR 665.0444 and s. NR 665.0445.

NR 665.0442 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0443 NR 665.0443 Design and operating requirements.

NR 665.0443(1) (1) Drip pads shall comply with all of the following:

NR 665.0443(1)(a) (a) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt.

NR 665.0443(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 665.0443(1)(c) (c) Have a curb or berm around the perimeter.

NR 665.0443(1)(d) (d)

NR 665.0443(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 665.0442 (2) instead of s. NR 665.0442 (1).

NR 665.0443(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 665.0443(1)(e) (e) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation and the stress of daily operations, including variable and moving loads such as vehicle traffic or movement of wood.

NR 665.0443 Note Note: The department will generally consider applicable standards established by professional organizations generally recognized by industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirement of par. (e).

NR 665.0443(2) (2) If an owner or operator elects to comply with s. NR 665.0442 (1) instead of s. NR 665.0442 (2), the drip pad shall have all of the following:

NR 665.0443(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 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 665.0443(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 665.0443(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 665.0443(2)(a)3. 3. Be installed to cover all surrounding earth that could come in contact with the waste or leakage.

NR 665.0443(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 665.0443(2)(b)1. 1. Be constructed of materials that are all of the following:

NR 665.0443(2)(b)1.a. a. Chemically resistant to the waste managed in the drip pad and the leakage that might be generated.

NR 665.0443(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 665.0443(2)(b)2. 2. Be designed and operated to function without clogging through the scheduled closure of the drip pad.

NR 665.0443(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 665.0443(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 665.0443(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 665.0443 Note Note: See sub. (13) for remedial action required if deterioration or leakage is detected.

NR 665.0443(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 665.0443(5) (5) Unless protected by a structure, as described in s. NR 665.0440 (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-on that might enter the system, or the drip pad is protected by a structure or cover, as described in s. NR 665.0440 (2).

NR 665.0443(6) (6) Unless protected by a structure or cover, as described in s. NR 665.0440 (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 665.0443(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 665.0443(8) (8) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

NR 665.0443(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.

NR 665.0443(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 665.0443(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 665.0443(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 665.0443(13) (13) Throughout the active life of the drip pad, 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 665.0443(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 by the leak detection system), the owner or operator shall do all of the following:

NR 665.0443(13)(a)1. 1. Enter a record of the discovery in the facility operating log.

NR 665.0443(13)(a)2. 2. Immediately remove the portion of the drip pad affected by the condition from service.

NR 665.0443(13)(a)3. 3. Determine what steps must be taken to repair the drip pad and remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs.

NR 665.0443(13)(a)4. 4. Immediately after discovery of the condition, notify the department of the condition and, within 10 working days, provide a 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 665.0443(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.

NR 665.0443(13)(c) (c) Upon completing all repairs and clean up, the owner or operator shall notify the department in writing and provide a certification, signed by an independent qualified, registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with par. (a) 4.

NR 665.0443(14) (14) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices.

NR 665.0443 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (d) 2., (7) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0444 NR 665.0444 Inspections.

NR 665.0444(1) (1) During construction or installation, liners, and cover systems (for example, membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (for example, holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of s. NR 665.0443 by a qualified professional engineer. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners, and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

NR 665.0444(2) (2) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 665.0444(2)(a) (a) Deterioration, malfunctions or improper operation of run-on and run-off control systems.