Chapter NR 670

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(2)(x)3. 3. The need for the proposed facility or expansion as required under s. 289.28, Stats.

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)(a) (a) A summary of the ground-water monitoring data obtained during the interim license period under ss. NR 665.0090 to 665.0094, where applicable.

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)(d)1. 1. Delineates the extent of the plume on the topographic map required under sub. (2) (s).

NR 670.014(3)(d)2. 2. Identifies the concentration of each ch. NR 664 Appendix IX, constituent throughout the plume or identifies the maximum concentrations of each ch. NR 664 Appendix IX constituent in the plume.

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)2. 2. A proposed groundwater monitoring system.

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)1. 1. A description of the wastes previously handled at the facility.

NR 670.014(3)(g)2. 2. A characterization of the contaminated groundwater, including concentrations of hazardous constituents.

NR 670.014(3)(g)3. 3. A list of hazardous constituents for which compliance monitoring will be undertaken according to ss. NR 664.0097 and 664.0099.

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)2. 2. The concentration limit for each hazardous constituent found in the groundwater as set forth in s. NR 664.0094.

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)1. 1. The location of the unit on the topographic map required under sub. (2) (s).

NR 670.014(4)(a)2. 2. Designation of type of unit.

NR 670.014(4)(a)3. 3. General dimensions and structural description (supply any available drawings).

NR 670.014(4)(a)4. 4. When the unit was operated.

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)(d) (d) Provisions for preventing or managing run-on.

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(4) (4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with ss. NR 664.0177 (1) and (2), and 664.0017 (2) and (3).

NR 670.015(5) (5) Information on air emission control equipment as required in s. NR 670.027.

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(2) (2) Dimensions and capacity of each tank.

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(5) (5) A description of materials and equipment used to provide external corrosion protection, as required under s. NR 664.0192 (1) (c) 2.

NR 670.016(6) (6) For new tank systems, a detailed description of how the tank systems will be installed in compliance with s. NR 664.0192 (2), (3), (4) and (5).

NR 670.016(7) (7) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed and operated to meet s. NR 664.0193 (1), (2), (3), (4), (5) and (6).

NR 670.016(8) (8) Any of the following for tank systems for which an alternative to the requirements of s. NR 664.0193 is sought (as provided by s. NR 664.0193 (7)):

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.

NR 670.016(8)(b) (b) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment.

NR 670.016(9) (9) Description of controls and practices to prevent spills and overflows, as required under s. NR 664.0194 (2).

NR 670.016(10) (10) For tank systems in which ignitable, reactive or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with ss. NR 664.0198 and 664.0199.

NR 670.016(11) (11) Information on air emission control equipment as required in s. NR 670.027.

NR 670.016 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.

NR 670.017 NR 670.017 Specific feasibility and plan of operation report information requirements for surface impoundments. Except as otherwise provided in s. NR 664.0001, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments shall provide all of the following additional information:

NR 670.017(1) (1) A list of the hazardous wastes placed or to be placed in each surface impoundment.

NR 670.017(2) (2) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated and maintained to meet ss. NR 664.0019, 664.0221, 664.0222 and 664.0223, addressing all of the following items:

NR 670.017(2)(a) (a) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by s. NR 664.0221 (2), submit 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 constituents into the groundwater or surface water at any future time.

NR 670.017(2)(b) (b) The double liner and leak (leachate) detection, collection and removal system, if the surface impoundment shall meet s. NR 664.0221 (3). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by s. NR 664.0221 (4), (5) or (6), submit appropriate information.

NR 670.017(2)(c) (c) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system.

NR 670.017(2)(d) (d) The construction quality assurance (CQA) plan if required under s. NR 664.0019.

NR 670.017(2)(e) (e) Proposed action leakage rate, with rationale, if required under s. NR 664.0222, and response action plan, if required under s. NR 664.0223.

NR 670.017(2)(f) (f) Prevention of overtopping.

NR 670.017(2)(g) (g) Structural integrity of dikes.

NR 670.017(3) (3) A description of how each surface impoundment, including the double liner system, leak detection system, cover system and appurtenances for control of overtopping, will be inspected in order to meet s. NR 664.0226 (1), (2) and (4). This information shall be included in the inspection plan submitted under s. NR 670.014 (2) (e).

NR 670.017(4) (4) A certification by a qualified engineer which attests to the structural integrity of each dike, as required under s. NR 664.0226 (3). For new units, the owner or operator shall submit a statement by a qualified engineer that the engineer will provide such a certification upon completion of construction according to the plans and specifications.

NR 670.017(5) (5) A description of the procedure to be used for removing a surface impoundment from service, as required under s. NR 664.0227 (2) and (3). This information shall be included in the contingency plan submitted under s. NR 670.014 (2) (g).

NR 670.017(6) (6) A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under s. NR 664.0228 (1) (a). For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report describing how s. NR 664.0228 (1) (b) and (2) will be complied with. This information shall be included in the closure plan and, where applicable, the long-term care plan submitted under s. NR 670.014 (2) (m).

NR 670.017(7) (7) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how s. NR 664.0229 will be complied with.

NR 670.017(8) (8) If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how s. NR 664.0230 will be complied with.

NR 670.017(9) (9) A waste management plan for hazardous waste numbers F020, F021, F022, F023, F026 and F027 describing how the surface impoundment is or will be designed, constructed, operated and maintained to meet s. NR 664.0231. This submission shall address all of the following items specified in s. NR 664.0231:

NR 670.017(9)(a) (a) The volume, physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.