NR 664.0073 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (2) (intro.), (a), (b), (f), (h), (j), cr. (2) (r), (s) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17. NR 664.0074NR 664.0074 Availability, retention and disposition of records. NR 664.0074(1)(1) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee or representative of the department. NR 664.0074(2)(2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the department. NR 664.0074(3)(3) A copy of records of waste disposal locations and quantities under s. NR 664.0073 (2) (b) shall be submitted to the department and local land authority upon closure of the facility. NR 664.0074 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0075NR 664.0075 Annual report. The owner or operator shall prepare and submit a single copy of an annual report to the department by March 1 of each year. The annual report shall be submitted on department forms, shall cover facility activities during the previous calendar year and shall, at a minimum, include all of the following: NR 664.0075(1)(1) The EPA identification number, name and address of the facility. NR 664.0075(3)(3) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year. For imported shipments, the report shall give the name and address of the foreign generator. NR 664.0075(4)(4) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information shall be listed by EPA identification number of each generator. NR 664.0075(5)(5) The method of treatment, storage or disposal for each hazardous waste. NR 664.0075(8)(8) For generators who treat, store or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated. NR 664.0075(9)(9) For generators who treat, store or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for the years prior to 1984. NR 664.0075(10)(10) The certification signed by the owner or operator of the facility or an authorized representative. NR 664.0075 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0076(1)(1) If a facility accepts for treatment, storage or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in s. NR 663.20 (5), and if the waste is not excluded from the manifest requirement by chs. NR 660 to 679, then the owner or operator shall prepare and submit a report to the department within 15 days after receiving the waste. The unmanifested waste report shall contain all of the following information: NR 664.0076(1)(a)(a) The EPA identification number, name and address of the facility. NR 664.0076(1)(c)(c) The EPA identification number, name and address of the generator and the transporter, if available. NR 664.0076(1)(d)(d) A description and the quantity of each unmanifested hazardous waste the facility received. NR 664.0076(1)(e)(e) The method of treatment, storage or disposal for each hazardous waste. NR 664.0076(1)(f)(f) The certification signed by the owner or operator of the facility or an authorized representative. NR 664.0076(1)(g)(g) A brief explanation of why the waste was unmanifested, if known. NR 664.0077NR 664.0077 Additional reports. In addition to submitting the annual reports and unmanifested waste reports described in ss. NR 664.0075 and 664.0076, the owner or operator shall also report all of the following to the department: NR 664.0077 HistoryHistory: 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 July 2017 No. 739, eff. 8-1-17. NR 664.0090 NoteNote: Groundwater monitoring requirements in chs. NR 140 and 141 also apply. NR 664.0090(1)(a)(a) Except as provided in sub. (2), this subchapter applies to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in par. (b) for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in the units. NR 664.0090(1)(b)(b) All solid waste management units shall comply with the requirements in s. NR 664.0101. A surface impoundment or waste pile unit or landfill that receives hazardous waste after July 26, 1982 (in this subchapter, referred to as a “regulated unit”) shall comply with the requirements of ss. NR 664.0091 to 664.0100 in lieu of s. NR 664.0101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of s. NR 664.0101 apply to regulated units. NR 664.0090(2)(2) The owner or operator’s regulated unit or units are not regulated for releases into the uppermost aquifer under this subchapter if any of the following apply: NR 664.0090(2)(b)(b) The owner or operator operates a unit which the department finds meets all of the following conditions: NR 664.0090(2)(b)2.2. Does not receive or contain liquid waste or waste containing free liquids. NR 664.0090(2)(b)3.3. Is designed and operated to exclude liquid, precipitation and other run-on and run-off. NR 664.0090(2)(b)6.6. The owner or operator shall provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and long-term care periods. NR 664.0090(2)(b)7.7. To a reasonable degree of certainty, shall not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the long-term care period. NR 664.0090(2)(d)(d) The department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the long-term care period specified under s. NR 664.0117. A qualified geologist or geotechnical engineer shall certify this demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration. NR 664.0090(3)(3) This subchapter applies during the active life of the regulated unit (including the closure period). After closure of the regulated unit, this subchapter: NR 664.0090(3)(a)(a) Does not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure. NR 664.0090(5)(5) This subchapter applies to all owners and operators subject to s. NR 670.001 (3) (g), when the department issues either a long-term care license or an enforceable document (as defined in s. NR 670.001 (3) (g)) at the facility. When the department issues an enforceable document, references in this subchapter to “in the license” mean “in the enforceable document”. NR 664.0090(6)(6) The department may replace all or part of the requirements of ss. NR 664.0091 to 664.0100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the license (or in an enforceable document) (as defined in s. NR 670.001 (3) (g)) where the department determines that all of the following apply: NR 664.0090(6)(a)(a) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release. NR 664.0090(6)(b)(b) It is not necessary to apply the groundwater monitoring and corrective action requirements of ss. NR 664.0091 to 664.0100 because alternative requirements will protect human health and the environment. NR 664.0090 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0091(1)(1) Owners and operators subject to this subchapter shall conduct a monitoring and response program according to the following: NR 664.0091(1)(a)(a) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit are detected at a point of standards application under s. NR 664.0095, the owner or operator shall institute a compliance monitoring program under s. NR 664.0099. Detected is defined as statistically significant evidence of contamination as described in s. NR 664.0098 (6). NR 664.0091(1)(b)(b) Whenever the groundwater protection standard under s. NR 664.0092 is exceeded, the owner or operator shall institute a corrective action program under s. NR 664.0100. Exceeded is defined as statistically significant evidence of increased contamination as described in s. NR 664.0099 (4). NR 664.0091(1)(c)(c) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit exceed concentration limits under s. NR 664.0094 in groundwater between the point of standards application under s. NR 664.0095 and the downgradient facility property boundary, the owner or operator shall institute a corrective action program under s. NR 664.0100. NR 664.0091(1)(e)(e) Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. NR 664.0091(2)(2) The department shall specify in the facility license the specific elements of the monitoring and response program. The department may include one or more of the programs identified in sub. (1) in the facility license as may be necessary to protect human health and the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the department shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on an application to modify the license to incorporate such a program could be taken. NR 664.0091 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0092NR 664.0092 Groundwater protection standard. The owner or operator shall comply with conditions specified in the facility license that are designed to ensure that hazardous constituents under s. NR 664.0093 detected in the groundwater from a regulated unit do not exceed the concentration limits under s. NR 664.0094 or the enforcement standards listed in ch. NR 140, whichever are more stringent, in the uppermost aquifer underlying the waste management area beyond the point of standards application under s. NR 664.0095 during the compliance period under s. NR 664.0096. The department shall establish this groundwater protection standard in the license when hazardous constituents have been detected in the groundwater. NR 664.0092 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0093(1)(1) The department shall specify in the facility license the hazardous constituents to which the groundwater protection standard of s. NR 664.0092 applies. Hazardous constituents are constituents identified in ch. NR 661 Appendix VIII, that have been detected in groundwater in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the department has excluded them under sub. (2). NR 664.0093(2)(2) The department shall exclude a ch. NR 661 Appendix VIII constituent from the list of hazardous constituents specified in the license if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the department shall consider all of the following: NR 664.0093(2)(a)(a) Potential adverse effects on groundwater quality, considering all of the following: NR 664.0093(2)(a)1.1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration. NR 664.0093(2)(a)2.2. The hydrogeological characteristics of the facility and surrounding land. NR 664.0093(2)(a)6.6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality. NR 664.0093(2)(a)7.7. The potential for health risks caused by human exposure to waste constituents. NR 664.0093(2)(a)8.8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0093(2)(b)(b) Potential adverse effects on hydraulically-connected surface water quality, considering all of the following: NR 664.0093(2)(b)1.1. The volume and physical and chemical characteristics of the waste in the regulated unit. NR 664.0093(2)(b)2.2. The hydrogeological characteristics of the facility and surrounding land.
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