Chapter NR 664

NR 664.0111 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0112 NR 664.0112 Closure plan; amendment of plan.

NR 664.0112(1) (1) Written 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)1. 1. Changes in operating plans or facility design affect the closure plan.

NR 664.0112(3)(b)2. 2. There is a change in the expected year of closure, if applicable.

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)(b)4. 4. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4).

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) (4) Notification of partial closure and final closure.

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 History History: 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 664.0113 NR 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) (a) Either of the following applies:

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. 2. All of the following apply:

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:

NR 664.0113(2)(a) (a) Either of the following applies:

NR 664.0113(2)(a)1. 1. The partial or final closure activities will, of necessity, take longer than 180 days to complete.

NR 664.0113(2)(a)2. 2. All of the following apply:

NR 664.0113(2)(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(2)(a)2.b. b. There is 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(2)(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(2)(b) (b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable operating license requirements.

NR 664.0113(3) (3) The demonstrations referred to in subs. (1) (a) and (2) (a) shall be made as follows:

NR 664.0113(3)(a) (a) The demonstrations in sub. (1) (a) shall be made at least 30 days prior to the expiration of the 90-day period in sub. (1).

NR 664.0113(3)(b) (b) The demonstration in sub. (2) (a) shall be made at least 30 days prior to the expiration of the 180-day period in sub. (2), unless the owner or operator is otherwise subject to the deadlines in sub. (4).

NR 664.0113(4) (4) The department may allow an owner or operator to receive only non-hazardous wastes in a landfill or surface impoundment unit after the final receipt of hazardous wastes at that unit if all the following conditions are met:

NR 664.0113(4)(a) (a) The owner or operator requests an operating license modification in compliance with all applicable requirements in ch. NR 670 and in the license modification request demonstrates that all the following criteria are met:

NR 664.0113(4)(a)1. 1. The unit has the existing design capacity as indicated on the part A application to receive non-hazardous wastes.

NR 664.0113(4)(a)2. 2. There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes.

NR 664.0113(4)(a)3. 3. The non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter.

NR 664.0113(4)(a)4. 4. Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility.

NR 664.0113(4)(a)5. 5. The owner or operator is operating and will continue to operate in compliance with all applicable operating license requirements.

NR 664.0113(4)(b) (b) The request to modify the operating license includes an amended waste analysis plan, groundwater monitoring and response program, human exposure assessment required under 42 USC 6939a and closure and long-term care plans, and updated cost estimates and demonstrations of financial assurance for closure and long-term care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under s. NR 664.0112 (2) (g), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes.

NR 664.0113(4)(c) (c) The request to modify the operating license includes revisions, as necessary and appropriate, to affected conditions of the license to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes.

NR 664.0113(4)(d) (d) The request to modify the operating license and the demonstrations referred to in pars. (a) and (b) are submitted to the department no later than 120 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after August 1, 2006, whichever is later.

NR 664.0113(5) (5) In addition to the requirements in sub. (4), an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in 42 USC 6924(o)(1) and 6925(j)(1) or 42 USC 6924(o)(2) or (3) or 6925(j)(2), (3), (4) or (13) shall do all of the following:

NR 664.0113(5)(a) (a) Submit with the request to modify the operating license both of the following:

NR 664.0113(5)(a)1. 1. A contingent corrective measures plan, unless a corrective action plan has already been submitted under s. NR 664.0099.

NR 664.0113(5)(a)2. 2. A plan for removing hazardous wastes in compliance with par. (b).

NR 664.0113(5)(b) (b) Remove all hazardous wastes from the unit by removing all hazardous liquids, and removing all hazardous sludges to the extent practicable without impairing the integrity of the liners, if any.

NR 664.0113(5)(c) (c) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.

NR 664.0113(5)(d) (d) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the operating license or that exceeds the facility’s groundwater protection standard at the point of standards application, if applicable, is detected in accordance with the requirements in subch. F, the owner or operator of the unit:

NR 664.0113(5)(d)1. 1. Shall implement corrective measures in accordance with the approved contingent corrective measures plan required by par. (a) no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later.

NR 664.0113(5)(d)2. 2. May continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action.

NR 664.0113(5)(d)3. 3. May be required by the department to implement corrective measures in less than one year or to cease the receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.

NR 664.0113(5)(e) (e) During the period of corrective action, the owner or operator shall provide annual reports to the department that describe the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.

NR 664.0113(5)(f) (f) The department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in par. (d), or fails to make substantial progress in implementing corrective action and achieving the facility’s groundwater protection standard or background levels if the facility has not yet established a groundwater protection standard.

NR 664.0113(5)(g) (g) If the owner or operator fails to implement corrective measures as required in par. (d), or if the department determines that substantial progress has not been made pursuant to par. (f), the department shall:

NR 664.0113(5)(g)1. 1. Notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subs. (1) and (2) and provide a detailed statement of reasons for this determination.

NR 664.0113(5)(g)2. 2. Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.

NR 664.0113(5)(g)3. 3. If the department receives no written comments, the decision will become final 5 days after the close of the comment period. The department will notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subs. (1) and (2).

NR 664.0113(5)(g)4. 4. If the department receives written comments on the decision, it shall make a final decision within 30 days after the end of the comment period, and provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subs. (1) and (2).

NR 664.0113(5)(g)5. 5. The final determinations made by the department under subds. 3. and 4. are not subject to administrative appeal.

NR 664.0113 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (5) (e) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0114 NR 664.0114 Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soils shall be properly disposed of or decontaminated unless otherwise specified in s. NR 664.0197, 664.0228, 664.0258 or 664.0310, or under the authority of ss. NR 664.0601 and 664.0603. By removing any hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that waste in accordance with all applicable requirements of ch. NR 662.

NR 664.0114 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0115 NR 664.0115 Certification of closure. Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile and landfill unit, and within 60 days of the completion of final closure, the owner or operator shall submit to the department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by a qualified professional engineer. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for closure under s. NR 664.0143 (11).

NR 664.0115 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. Register July 2017 No. 739, eff. 8-1-17.

NR 664.0116 NR 664.0116 Survey plat. No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat shall be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, shall contain a note, prominently displayed, which states the owner’s or operator’s obligation to restrict disturbance of the hazardous waste disposal unit according to the applicable rules of this subchapter.

NR 664.0116 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0117 NR 664.0117 Long-term care and use of property.

NR 664.0117(1) (1) 

NR 664.0117(1)(a) (a) Long-term care for each hazardous waste management unit subject to the requirements of this section and ss. NR 664.0118 to 664.0120 shall begin after completion of closure of the unit and continue for a minimum of 40 years after that date and shall consist of at least both of the following: