NR 670.014 Note
Note: Where maps for the national flood insurance program produced by the federal insurance administration (FIA) of the federal emergency management agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area, usually areas of the floodplain less than 200 feet in width, these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.
NR 670.014(2)(k)4.
4. Owners and operators of facilities located in the 100-year floodplain shall provide the following information:
NR 670.014(2)(k)4.a.
a. Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.
NR 670.014(2)(k)4.b.
b. Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.
NR 670.014(2)(k)4.c.
c. If applicable, and in lieu of subds.
4. a. and
b., a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:
1) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility.
2) A description of the location or locations to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under chs.
NR 664 to
666 and
670.
3) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use.
4) The potential for accidental discharges of the waste during movement.
NR 670.014(2)(k)5.
5. Existing facilities not in compliance with s.
NR 664.0018 (2) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.
NR 670.014(2)(k)6.
6. Owners and operators of all facilities shall provide an identification of whether the facility is located in:
NR 670.014(2)(k)6.a.
a. A habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch.
NR 27.
NR 670.014(2)(L)
(L) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with s.
NR 664.0016. A brief description of how training will be designed to meet actual job tasks according to s.
NR 664.0016 (1) (c).
NR 670.014(2)(m)
(m) A copy of the closure plan and, where applicable, the long-term care plan required by ss.
NR 664.0112,
664.0118 and
664.0197. Include, where applicable, as part of the plans, specific requirements in ss.
NR 664.0178,
664.0197,
664.0228,
664.0258,
664.0310,
664.0351,
664.0601 and
664.0603.
NR 670.014(2)(n)
(n) For hazardous waste disposal units that have been closed, documentation that notices required under s.
NR 664.0119 have been filed.
NR 670.014(2)(o)
(o) The most recent closure cost estimate for the facility prepared according to s.
NR 664.0142 and a copy of the documentation required to demonstrate financial assurance under s.
NR 664.0143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the feasibility and plan of operation report.
NR 670.014(2)(p)
(p) Where applicable, the most recent long-term care cost estimate for the facility prepared according to s.
NR 664.0144 plus a copy of the documentation required to demonstrate financial assurance under s.
NR 664.0145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the feasibility and plan of operation report.
NR 670.014(2)(q)
(q) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with s.
NR 664.0147. For a new facility, documentation showing the amount of insurance meeting the specification of s.
NR 664.0147 (1) and, if applicable, s.
NR 664.0147 (2), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage or disposal. A request for an alternate amount of required coverage, for a new or existing facility, may be submitted as specified in s.
NR 664.0147 (3).
NR 670.014(2)(s)
(s) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (one inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas shall use large contour intervals to adequately show topographic profiles of facilities. The map shall clearly show all of the following:
NR 670.014(2)(s)4.
4. Surrounding land uses (residential, commercial, agricultural, recreational).
NR 670.014(2)(s)10.
10. Buildings; treatment, storage or disposal operations; or other structure (recreation areas, runoff control systems, access and internal roads, storm, sanitary and process sewerage systems, loading and unloading areas, fire control facilities, etc.)
NR 670.014(2)(s)12.
12. Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored or disposed (include equipment cleanup areas).
NR 670.014 Note
Note: For large HWM facilities the department may allow the use of other scales on a case-by-case basis.
NR 670.014(2)(u)
(u) For land disposal facilities, if a case-by-case extension has been approved under
40 CFR 268.5 or a petition has been approved under
40 CFR 268.6, a copy of the notice of approval for the extension or petition is required.
NR 670.014(2)(v)
(v) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under s.
NR 670.431 (3).
NR 670.014(2)(x)
(x) Applicants shall submit information to enable the department to make a determination on all of the following:
NR 670.014(2)(x)1.a.
a. Identification of all persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant.
NR 670.014(2)(x)1.b.
b. Identification of all other Wisconsin solid or hazardous waste facilities for which the applicant or any person identified in subd.
1. a. is named in, or subject to an order or plan approval issued by the department.
NR 670.014(2)(x)1.c.
c. Identification of all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or person identified in subpar. a. owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets.
NR 670.014(2)(x)1.d.
d. A statement indicating whether or not all plan approvals and orders relating to all facilities identified in subpars. b. and c. are being complied with.
NR 670.014(2)(x)2.
2. The need for an environmental impact statement under s.
289.25, Stats., including the following information:
NR 670.014(2)(x)2.a.
a. A summary of the project, such as the purpose, history, background, relevant local, state and federal permits or approvals and zoning changes.
1) Changes in terrestrial resources, such as soil placement necessary to reach the proposed sub-base grades, construction of access roads, surface water drainage features and sedimentation controls.
2) Changes in aquatic resources, such as potential impacts to streams, wetlands, lakes and flowages under existing conditions as well as that anticipated during active operations and after closure.
3) Buildings, treatment units, roads and other structures to be constructed in conjunction with the facility.
4) Emissions and discharges such as dust, odors, gases, leachate, and surface water runoff associated with facility preparation, construction, operation, and closure.
5) Other changes anticipated with facility development.
6) Maps, plans and other descriptive material such as a facility development plan to clarify the information provided.
1) The physical environment such as the regional and local topography, geology, surface water drainage features, hydrogeologic conditions, air and wetlands as well as an evaluation of groundwater quality data and overall performance of any existing solid or hazardous waste units.
2) The dominant aquatic and terrestrial plant and animal species and habitats found in the area.
3) Land use, dominant features and zoning in the area.
4) Social and economic conditions such as any ethnic or cultural groups.
5) Other special resources such as archaeological, historical, state natural areas and prime agricultural lands.
NR 670.014(2)(x)2.d.
d. A discussion of the probable adverse and beneficial impacts including primary, indirect and secondary impacts including:
1) The physical impacts associated with facility design, construction and operation.
2) The biological impacts including destruction and creation of habitat, alteration of the physical environment and any impacts to endangered or threatened species.
3) The impacts on land use.
4) The social and economic impacts to local residents and cultural groups and the communities and industries served by the facility.
5) Other special resources such as archaeological, historical, state natural areas and prime agricultural lands.
6) Probable adverse impacts that cannot be avoided such as groundwater and surface water impacts, modifications of topography, any loss of agricultural or forest land, displacement of wildlife and adverse aesthetic impacts for people in and around the facility.
NR 670.014(2)(x)2.e.
e. Identify, describe and discuss feasible alternatives including taking no action, enlargement, reduction or modification of the project; other facilities, locations or methods to the proposed action and their impacts. Particular attention shall be given to alternatives which might avoid some or all adverse environmental impacts, including proposed and existing hazardous waste treatment, storage or disposal, recycling and incineration facilities that may serve to handle the waste expected to be disposed of at the proposed facility, taking into account the economics of waste collection, transportation and disposal.
NR 670.014(3)
(3)
Additional information requirements. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in s.
NR 664.0090 (2):
NR 670.014(3)(b)
(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow direction and rate, and the basis for the identification (i.e
., the information obtained from hydrogeologic investigations of the facility area).
NR 670.014(3)(c)
(c) On the topographic map required under sub.
(2) (s), a delineation of the waste management area, the property boundary, the point of compliance as defined under s.
NR 664.0095, the proposed location of groundwater monitoring wells as required under s.
NR 664.0097, and, to the extent possible, the information required in par.
(b).
NR 670.014(3)(d)
(d) A description of any plume of contamination that has entered the groundwater from a regulated unit at the time that the application was submitted that does all of the following:
NR 670.014(3)(e)
(e) Detailed plans and an engineering report describing the proposed groundwater monitoring program to be implemented to meet s.
NR 664.0097.
NR 670.014(3)(f)
(f) If the presence of hazardous constituents has
not been detected in the groundwater at the time of the license application, the owner or operator shall submit sufficient information, supporting data and analyses to establish a detection monitoring program which meets s.
NR 664.0098. This submission shall address all of the following items specified under s.
NR 664.0098:
NR 670.014(3)(f)1.
1. A proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the groundwater.
NR 670.014(3)(f)3.
3. Background values for each proposed monitoring parameter or constituent, or procedures to calculate the values.
NR 670.014(3)(f)4.
4. A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.
NR 670.014(3)(g)
(g) If the presence of hazardous constituents has been detected in the groundwater at the point of compliance at the time of the license application, the owner or operator shall submit sufficient information, supporting data and analyses to establish a compliance monitoring program which meets s.
NR 664.0099. Except as provided in s.
NR 664.0098 (7) (e), the owner or operator shall also submit an engineering feasibility plan for a corrective action program necessary to meet s.
NR 664.0100, unless the owner or operator obtains written authorization in advance from the department to submit a proposed license schedule for submittal of such a plan. To demonstrate compliance with s.
NR 664.0099, the owner or operator shall address all of the following items:
NR 670.014(3)(g)2.
2. A characterization of the contaminated groundwater, including concentrations of hazardous constituents.
NR 670.014(3)(g)4.
4. Proposed concentration limits for each hazardous constituent, based on the criteria set forth in s.
NR 664.0094 (1), including a justification for establishing any alternate concentration limits.
NR 670.014(3)(g)5.
5. Detailed plans and an engineering report describing the proposed groundwater monitoring system, according to s.
NR 664.0097.
NR 670.014(3)(g)6.
6. A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.
NR 670.014(3)(h)
(h) If hazardous constituents have been measured in the groundwater which exceed the concentration limits established under s.
NR 664.0094, Table 1, or if groundwater monitoring conducted at the time of the license application under s.
NR 665.0090 to
665.0094 at the waste boundary indicates the presence of hazardous constituents from the facility in groundwater over background concentrations, the owner or operator shall submit sufficient information, supporting data and analyses to establish a corrective action program which meets s.
NR 664.0100. However, an owner or operator is not required to submit information to establish a corrective action program if the owner or operator demonstrates to the department that alternate concentration limits will protect human health and the environment after considering the criteria listed in s.
NR 664.0094 (2). An owner or operator who is not required to establish a corrective action program for this reason shall instead submit sufficient information to establish a compliance monitoring program which meets s.
NR 664.0099 and par.
(f). To demonstrate compliance with s.
NR 664.0100, the owner or operator shall address, at a minimum, all of the following items:
NR 670.014(3)(h)1.
1. A characterization of the contaminated groundwater, including concentrations of hazardous constituents.
