NR 664.0099(9)(9) If the owner or operator determines, pursuant to sub. (4), that the groundwater concentration limits under this section are being exceeded at any monitoring well at the point of standards application, the owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the groundwater. In making a demonstration under this subsection, the owner or operator shall do all of the following: NR 664.0099(9)(a)(a) Notify the department in writing within 7 days that the owner or operator intends to make a demonstration under this subsection. NR 664.0099(9)(b)(b) Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis or evaluation. NR 664.0099(9)(c)(c) Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the compliance monitoring program at the facility. NR 664.0099(9)(d)(d) Continue to monitor in accord with the compliance monitoring program established under this section. NR 664.0099(10)(10) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program. NR 664.0099 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17. NR 664.0100NR 664.0100 Corrective action program. An owner or operator required to establish a corrective action program under this subchapter shall, at a minimum, do all of the following: NR 664.0100(1)(1) The owner or operator shall take corrective action to ensure that regulated units are in compliance with the groundwater protection standard under s. NR 664.0092. The department shall specify the groundwater protection standard in the facility license, including all of the following: NR 664.0100(2)(2) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the point of standards application by removing the hazardous waste constituents or treating them in place. The license shall specify the specific measures that will be taken. NR 664.0100(3)(3) The owner or operator shall begin corrective action within a reasonable time period after the groundwater protection standard is exceeded. The department shall specify that time period in the facility license. If a facility license includes a corrective action program in addition to a compliance monitoring program, the license shall specify when the corrective action will begin and such a requirement shall operate in lieu of s. NR 664.0099 (8) (b). NR 664.0100(4)(4) In conjunction with a corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under s. NR 664.0099 and shall be as effective as that program in determining compliance with the groundwater protection standard under s. NR 664.0092 and in determining the success of a corrective action program under sub. (5), where appropriate. NR 664.0100(5)(5) In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under s. NR 664.0093 that exceed concentration limits under s. NR 664.0094 in groundwater at all of the following locations: NR 664.0100(5)(b)(b) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake that action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis. NR 664.0100(5)(c)(c) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination. NR 664.0100(5)(d)(d) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under s. NR 664.0093 is reduced to levels below their respective concentration limits under s. NR 664.0094. NR 664.0100(6)(6) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the groundwater monitoring program under sub. (4), that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years. NR 664.0100(7)(7) The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports annually. NR 664.0100(8)(8) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program. NR 664.0100 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17. NR 664.0101NR 664.0101 Corrective action for solid waste management units. NR 664.0101(1)(1) The owner or operator of a facility seeking a license for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit. NR 664.0101(2)(2) Corrective action shall be specified in the license in accordance with this section and subch. S. The license shall contain schedules of compliance for the corrective action, where the corrective action cannot be completed prior to issuance of the license, and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats. NR 664.0101(3)(3) The owner or operator shall implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake the actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis. Assurances of financial responsibility for the corrective action shall be provided. NR 664.0101(4)(4) The requirements of this section do not apply to remediation waste management sites unless they are part of a facility subject to a license for treating, storing or disposing of hazardous wastes that are not remediation wastes. NR 664.0101 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) Register August 2020 No 776, eff. 9-1-20; correction in (2) made under s. 35.17, Stats., Register August 2020 No. 776. NR 664.0110(2)(b)(b) Waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to the facilities in s. NR 664.0228 or 664.0258. NR 664.0110(3)(3) The department may replace all or part of the requirements of this subchapter (and the unit-specific standards referenced in s. NR 664.0111 (3) applying to a regulated unit), with alternative requirements set out in an operating license or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department determines that both of the following conditions are met: NR 664.0110(3)(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 664.0110(3)(b)(b) It is not necessary to apply the closure requirements of this subchapter (and those referenced in this subchapter) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of s. NR 664.0111 (1) and (2). NR 664.0110 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0111NR 664.0111 Closure performance standard. The owner or operator shall close the facility in a manner that does all of the following: NR 664.0111(2)(2) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off or hazardous waste decomposition products to the ground or surface waters or to the atmosphere. NR 664.0111(4)(4) Meets, in the case of a landfill or surface impoundment, applicable requirements in ch. NR 140 and applicable soil cleanup standards in ch. NR 720 or meets the applicable closure requirements of sub. (2) or (3), whichever are more stringent. NR 664.0111 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0112NR 664.0112 Closure plan; amendment of plan. NR 664.0112(1)(a)(a) The owner or operator of a hazardous waste management facility shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by ss. NR 664.0228 (3) (a) 1. and 664.0258 (3) (a) 1. to have contingent closure plans. The plan shall be submitted with the feasibility and plan of operation report, in accordance with s. NR 670.014 (2) (m), and approved by the department as part of the operating license issuance procedures under subchs. L and M of ch. NR 670. In accordance with s. NR 670.032, the approved closure plan will become a condition of any hazardous waste operating license. NR 664.0112(1)(b)(b) The department’s approval of the plan shall ensure that the approved closure plan is consistent with s. NR 664.0111, this section and ss. NR 664.0113 to 664.0115 and the applicable requirements of subch. F, ss. NR 664.0178, 664.0197, 664.0228, 664.0258, 664.0310, 664.0351, 664.0601 and 664.1102. Until final closure is completed and certified in accordance with s. NR 664.0115, a copy of the approved plan and all approved revisions shall be furnished to the department upon request, including requests by mail. NR 664.0112(2)(2) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility, or both, at any point during its active life. The closure plan shall include at least all of the following: NR 664.0112(2)(a)(a) A description of how each hazardous waste management unit at the facility will be closed in accordance with s. NR 664.0111. NR 664.0112(2)(b)(b) A description of how final closure of the facility will be conducted in accordance with s. NR 664.0111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility. NR 664.0112(2)(c)(c) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing or disposing of all hazardous wastes, and identification of the types of the off-site hazardous waste management units to be used, if applicable. NR 664.0112(2)(d)(d) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils and criteria for determining the extent of decontamination required to satisfy the closure performance standard. NR 664.0112(2)(e)(e) A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection and run-on and run-off control. NR 664.0112(2)(f)(f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.) NR 664.0112(2)(g)(g) For facilities that use trust funds to establish financial assurance under s. NR 664.0143 or 664.0145 and that are expected to close prior to the expiration of the operating license, an estimate of the expected year of final closure. NR 664.0112(2)(h)(h) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements. NR 664.0112(3)(3) Amendment of plan. The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in operating plans, facility design or the approved closure plan in accordance with the applicable procedures in ch. NR 670. The written notification or request shall include a copy of the amended closure plan for review or approval by the department. NR 664.0112(3)(a)(a) The owner or operator may submit a written notification or request to the department for an operating license modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility. NR 664.0112(3)(b)(b) The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in the approved closure plan under any of the following circumstances: NR 664.0112(3)(b)3.3. In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan. NR 664.0112(3)(c)(c) The owner or operator shall submit a written request for an operating license modification including a copy of the amended closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request an operating license modification no later than 30 days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under s. NR 664.0228 (3) (a) 1. or 664.0258 (3) (a) 1., shall submit an amended closure plan to the department no later than 60 days from the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of s. NR 664.0310, or no later than 30 days from that date if the determination is made during partial or final closure. The department will approve, disapprove or modify this amended plan in accordance with the procedures in ch. NR 670. In accordance with s. NR 670.032, the approved closure plan will become a condition of any hazardous waste operating license issued. NR 664.0112(3)(d)(d) The department may request modifications to the plan under the conditions described in par. (b). The owner or operator shall submit the modified plan within 60 days of the department’s request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the department will be approved in accordance with the procedures in ch. NR 670. NR 664.0112(4)(a)(a) The owner or operator shall notify the department in writing of the intent to close the facility at least 180 days prior to the partial or final closure of a hazardous waste facility. NR 664.0112(4)(b)(b) The date when the owner or operator “expects to begin closure” shall be either of the following: NR 664.0112(4)(b)1.1. No later than 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. If the owner or operator of a hazardous waste management unit can demonstrate to the department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken all steps to prevent threats to human health and the environment, including compliance with all applicable operating license requirements, the department may approve an extension to this one-year limit. NR 664.0112(4)(b)2.2. For units meeting the requirements of s. NR 664.0113 (4), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable operating license requirements, the department may approve an extension to this one-year limit. NR 664.0112(4)(c)(c) If the facility’s operating license is denied, suspended or revoked, or if the facility is otherwise ordered, by judicial decree or final order under 42 USC 6928 or by the department, to cease receiving hazardous wastes or to close, then the requirements of this subsection do not apply. However, the owner or operator shall close the facility in accordance with the deadlines established in s. NR 664.0113. NR 664.0112(5)(5) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. NR 664.0112 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4) (c) Register August 2020 No 776, eff. 9-1-20. NR 664.0113NR 664.0113 Closure; time allowed for closure. NR 664.0113(1)(1) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the operating license and demonstrates that the conditions in pars. (a) and (b) are met: NR 664.0113(1)(a)1.1. The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete. NR 664.0113(1)(a)2.a.a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subs. (4) and (5). NR 664.0113(1)(a)2.b.b. There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year. NR 664.0113(1)(a)2.c.c. Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. NR 664.0113(1)(b)(b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable operating license requirements. NR 664.0113(2)(2) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at the hazardous waste management unit or facility. The department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the operating license and demonstrates that the conditions in pars. (a) and (b) are met:
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