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NR 667.0194(1)(1)Support and protect ancillary equipment against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
NR 667.0194(2) (2)Provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under s. NR 667.0191 (3), to ensure the integrity of the tank system during use of the tank system. An independent corrosion expert shall supervise the installation of a corrosion protection system that is field fabricated to ensure proper installation.
NR 667.0194(3) (3)Obtain and keep at the facility written statements by those persons required to certify the design of the tank system and to supervise the installation of the tank system as required in subs. (1) and (2) and ss. NR 667.0192 and 667.0193. The written statement shall attest that the tank system was properly designed and installed and that you made repairs under ss. NR 667.0192 and 667.0193. These written statements shall also include the certification statement as required in s. NR 670.011 (4).
NR 667.0194 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (3) made under s. 35.17, Stats., Register July 2017 No. 739.
NR 667.0195 NR 667.0195What are the secondary containment requirements? To prevent the release of hazardous waste or hazardous constituents to the environment, provide secondary containment that meets the requirements of this section for all new and existing tank systems.
NR 667.0195(1) (1)Secondary containment systems shall be:
NR 667.0195(1)(a) (a) Designed, installed and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, groundwater, or surface water at any time during the use of the tank system.
NR 667.0195(1)(b) (b) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
NR 667.0195(2) (2)To meet the requirements of sub. (1), secondary containment systems shall be, at a minimum:
NR 667.0195(2)(a) (a) Constructed of or lined with materials that are compatible with the waste or wastes to be placed in the tank system and shall have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions and the stress of daily operation (including stresses from nearby vehicular traffic).
NR 667.0195(2)(b) (b) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift.
NR 667.0195(2)(c) (c) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours.
NR 667.0195(2)(d) (d) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Remove spilled or leaked waste and accumulated precipitation from the secondary containment system within 24 hours, or as promptly as possible, to prevent harm to human health and the environment.
NR 667.0195 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0196 NR 667.0196What are the required devices for secondary containment and what are their design, operating and installation requirements?
NR 667.0196(1)(1)Secondary containment for tanks shall include one or more of the following:
NR 667.0196(1)(a) (a) A liner (external to the tank).
NR 667.0196(1)(b) (b) A double-walled tank.
NR 667.0196(1)(c) (c) An equivalent device. Maintain documentation of equivalency at the facility.
NR 667.0196(2) (2)External liner systems shall be:
NR 667.0196(2)(a) (a) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary.
NR 667.0196(2)(b) (b) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. The additional capacity shall be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
NR 667.0196(2)(c) (c) Free of cracks or gaps.
NR 667.0196(2)(d) (d) Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank or tanks (that is, capable of preventing lateral as well as vertical migration of the waste).
NR 667.0196(3) (3)Double-walled tanks shall be:
NR 667.0196(3)(a) (a) Designed as an integral structure (that is, an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell.
NR 667.0196(3)(b) (b) Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell.
NR 667.0196(3)(c) (c) Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours.
NR 667.0196 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0197 NR 667.0197What are the requirements for ancillary equipment? Provide ancillary equipment with secondary containment (for example, trench, jacketing double-walled piping) that meets the requirements of s. NR 667.0195, except for:
NR 667.0197(1) (1)Above ground piping (exclusive of flanges, joints, valves, and other connections) that are visually inspected for leaks on a daily basis.
NR 667.0197(2) (2)Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis.
NR 667.0197(3) (3)Seal less or magnetic coupling pumps and seal less valves, that are visually inspected for leaks on a daily basis.
NR 667.0197(4) (4)Pressurized above ground piping systems with automatic shut-off devices (for example, excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
NR 667.0197 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0198 NR 667.0198What are the general operating requirements for my tank systems?
NR 667.0198(1)(1)You may not place hazardous wastes or treatment reagents in a tank system if they could cause the tank, its ancillary equipment or the containment system to rupture, leak, corrode, or otherwise fail.
NR 667.0198(2) (2)Use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include, at a minimum:
NR 667.0198(2)(a) (a) Spill prevention controls (for example, check valves, dry disconnect couplings).
NR 667.0198(2)(b) (b) Overfill prevention controls (for example, level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank).
NR 667.0198(2)(c) (c) Sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.
NR 667.0198(3) (3)Comply with the requirements of s. NR 667.0200 if a leak or spill occurs in the tank system.
NR 667.0198 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0199 NR 667.0199What inspection requirements shall I meet? Comply with the following requirements for scheduling, conducting, and documenting inspections.
NR 667.0199(1) (1)Develop and follow a schedule and procedure for inspecting overfill controls.
NR 667.0199(2) (2)Inspect at least once each operating day:
NR 667.0199(2)(a) (a) Aboveground portions of the tank system to detect corrosion or releases of waste.
NR 667.0199(2)(b) (b) Data gathered from monitoring and leak detection equipment (for example, pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design.
NR 667.0199(2)(c) (c) The construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (for example, dikes) to detect erosion or signs of releases of hazardous waste (for example, wet spots, dead vegetation).
NR 667.0199(3) (3)Inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:
NR 667.0199(3)(a) (a) Confirm that the cathodic protection system is operating properly within six months after initial installation and annually thereafter.
NR 667.0199(3)(b) (b) Inspect or test all sources of impressed current, as appropriate, at least every other month.
NR 667.0199(4) (4)Document, in the operating record of the facility, an inspection of those items in subs. (1) to (3).
NR 667.0199 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0200 NR 667.0200What shall I do in case of a leak or a spill? If there has been a leak or a spill from a tank system or secondary containment system, or if either system is unfit for use, remove the system from service immediately and satisfy the following requirements:
NR 667.0200(1) (1)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 667.0200(2) (2)Remove the waste from the tank system or secondary containment system.
NR 667.0200(2)(a) (a) If the release was from the tank system, within 24 hours after detecting the leak, 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 667.0200(2)(b) (b) If the material released was to a secondary containment system, remove all released materials within 24 hours or as quickly as possible to prevent harm to human health and the environment.
NR 667.0200(3) (3)Immediately conduct a visual inspection of the release and, based upon that inspection:
NR 667.0200(3)(a) (a) Prevent further migration of the leak or spill to soils or surface water.
NR 667.0200(3)(b) (b) Remove, and properly dispose of, any visible contamination of the soil or surface water.
NR 667.0200(4) (4)Report any release to the environment, except as provided in par. (a) to the department within 24 hours of its detection. If you have reported the release pursuant to ch. NR 706, that report will satisfy this requirement.
NR 667.0200(4)(a) (a) You need not report on a leak or spill of hazardous waste if it is:
NR 667.0200(4)(a)1. 1. Less than or equal to a quantity of one pound; and
NR 667.0200(4)(a)2. 2. Immediately contained and cleaned up.
NR 667.0200(4)(b) (b) Within 30 days of detection of a release to the environment, submit a report to the department containing the following information:
NR 667.0200(4)(b)1. 1. The likely route of migration of the release.
NR 667.0200(4)(b)2. 2. The characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).
NR 667.0200(4)(b)3. 3. The 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, submit these data to the department as soon as they become available.
NR 667.0200(4)(b)4. 4. The proximity to down gradient drinking water, surface water, and populated areas.
NR 667.0200(4)(b)5. 5. A description of response actions taken or planned.
NR 667.0200(5) (5)Either close the system or make necessary repairs.
NR 667.0200(5)(a) (a) Unless you satisfy the requirements of pars. (b) and (c), close the tank system according to s. NR 667.0201.
NR 667.0200(5)(b) (b) If the cause of the release was a spill that has not damaged the integrity of the system, you may return the system to service as soon as you remove the released waste and make any necessary repairs.
NR 667.0200(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary the secondary containment system, you shall repair the system before returning the tank system to service.
NR 667.0200(6) (6)If you have made extensive repairs to a tank system in accordance with sub. (5) (for example, installation of an internal liner or repair of a ruptured primary containment or secondary containment vessel), you may not return the tank system to service unless the repair is certified by a qualified professional engineer in accordance with s. NR 670.011 (4).
NR 667.0200(6)(a) (a) The engineer shall certify that the repaired system is capable of handling hazardous wastes without release for the intended life of the system.
NR 667.0200(6)(b) (b) You shall submit this certification to the department within seven days after returning the tank system to use.
NR 667.0200 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0201 NR 667.0201What shall I do when I stop operating the tank system? When you close a tank system, remove or decontaminate all waste residues, contaminated containment system components (for example, liners), 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 667.0201 History History: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. Register August 2020 No. 776, eff. 9-1-20.
NR 667.0202 NR 667.0202What special requirements shall I meet for ignitable or reactive wastes?
NR 667.0202(1)(1)You may not place ignitable or reactive waste in tank systems, unless:
NR 667.0202(1)(a) (a) You treat, render, or mix the waste before or immediately after placement in the tank system so that:
NR 667.0202(1)(a)1. 1. You comply with s. NR 667.0017 (2).
NR 667.0202(1)(a)2. 2. The resulting waste, mixture or dissolved material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.
NR 667.0202(1)(b) (b) You store or treat the waste in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.
NR 667.0202(1)(c) (c) You use the tank system solely for emergencies.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.