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.
NR 670.014(3)(h)3.
3. Detailed plans and an engineering report describing the corrective action to be taken.
NR 670.014(3)(h)4.
4. A description of how the groundwater monitoring program will demonstrate the adequacy of the corrective action.
NR 670.014(3)(h)5.
5. The license may contain a schedule for submittal of the information required in subds.
3. and
4. provided the owner or operator obtains written authorization from the department prior to submittal of the complete license application.
NR 670.014(4)
(4)
Information requirements for solid waste management units. NR 670.014(4)(a)(a) An owner or operator shall submit all of the following information for each solid waste management unit at a facility:
NR 670.014(4)(a)3.
3. General dimensions and structural description (supply any available drawings).
NR 670.014(4)(a)5.
5. Specification of all wastes that have been managed at the unit, to the extent available.
NR 670.014(4)(a)6.
6. For each unit, a description of corrective action as defined in s.
291.37 (1) (a), Stats., that was previously taken or is required to be taken, including a description of the corrective action, the anticipated time period for achieving compliance and the basis for its length, and a cost estimate for completion of corrective action that is consistent with the long-term care cost estimate requirements as specified in s.
NR 664.0014 (1).
NR 670.014(4)(b)
(b) The owner or operator of any facility containing one or more solid waste management units shall submit all available information pertaining to any release of hazardous wastes or hazardous constituents from the unit or units.
NR 670.014(4)(c)
(c) The owner or operator shall conduct and provide the results of sampling and analysis of groundwater, landsurface and subsurface strata, surface water or air, which may include the installation of wells, where the department ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.
NR 670.014 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06; correction in (3) (d) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register March 2013 No. 687;
CR 16-007: am. (1)
Register July 2017 No. 739, eff. 8-1-17;
CR 19-082: cr. (4) (a) 6.
Register August 2020 No. 776, eff. 9-1-20;
correction in (4) (a) 6. made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 670.015
NR 670.015 Specific feasibility and plan of operation report information requirements for containers. Except as otherwise provided in s.
NR 664.0170, owners or operators of facilities that store containers of hazardous waste shall provide all of the following additional information:
NR 670.015(1)
(1) A description of the containment system to demonstrate compliance with s.
NR 664.0175. Show at least the following:
NR 670.015(1)(a)
(a) Basic design parameters, dimensions and materials of construction.
NR 670.015(1)(b)
(b) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.
NR 670.015(1)(c)
(c) Capacity of the containment system relative to the number and volume of containers to be stored.
NR 670.015(1)(e)
(e) How accumulated liquids can be analyzed and removed to prevent overflow.
NR 670.015(2)
(2) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with s.
NR 664.0175 (3), including all of the following:
NR 670.015(2)(a)
(a) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids.
NR 670.015(2)(b)
(b) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.
NR 670.015(3)
(3) Sketches, drawings or data demonstrating compliance with s.
NR 664.0176 (location of buffer zone and containers holding ignitable or reactive wastes) and s.
NR 664.0177 (3) (location of incompatible wastes), where applicable.
NR 670.015 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 670.016
NR 670.016 Specific feasibility and plan of operation report information requirements for tank systems. Except as otherwise provided in s.
NR 664.0190, owners and operators of facilities that use tanks to store or treat hazardous waste shall provide all of the following additional information:
NR 670.016(1)
(1) A written assessment that is reviewed and certified by a qualified professional engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under ss.
NR 664.0191 and
664.0192.
NR 670.016(3)
(3) Description of feed systems, safety cutoff, bypass systems and pressure controls (e.g., vents).
NR 670.016(4)
(4) A diagram of piping, instrumentation and process flow for each tank system.
NR 670.016(8)(a)
(a) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the groundwater or surface water during the life of the facility.
