Chapter NR 664

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:

NR 664.0117(1)(a)1. 1. Monitoring and reporting in accordance with the requirements of subchs. F, K, L, N and X.

NR 664.0117(1)(a)2. 2. Maintenance and monitoring of waste containment systems in accordance with the requirements of subchs. F, K, L, N and X.

NR 664.0117(1)(b) (b) Any time preceding partial closure of a hazardous waste management unit subject to long-term care requirements or final closure, or any time during the long-term care period for a particular unit, the department may, in accordance with the operating license modification procedures in ch. NR 670 extend the long-term care period applicable to the hazardous waste management unit or facility if the department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

NR 664.0117(2) (2) The department may require, at partial and final closure, continuation of any of the security requirements of s. NR 664.0014 during part or all of the long-term care period under either of the following circumstances:

NR 664.0117(2)(a) (a) Hazardous wastes may remain exposed after completion of partial or final closure.

NR 664.0117(2)(b) (b) Access by the public or domestic livestock may pose a hazard to human health.

NR 664.0117(3) (3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure may never be allowed to disturb the integrity of the final cover, liners or any other components of the containment system, or the function of the facility’s monitoring systems, unless the department finds that either of the following applies:

NR 664.0117(3)(a) (a) The disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment.

NR 664.0117(3)(b) (b) The disturbance is necessary to reduce a threat to human health or the environment.

NR 664.0117(4) (4) All long-term care activities shall be in accordance with the provisions of the approved long-term care plan as specified in s. NR 664.0118.

NR 664.0117 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0118 NR 664.0118 Long-term care plan; amendment of plan.

NR 664.0118(1) (1) Written plan. The owner or operator of a hazardous waste disposal unit shall have a written long-term care plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. to have contingent long-term care plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent long-term care plans under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department within 90 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 664.0117, this section, ss. NR 664.0119 and 664.0120. 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 long-term care plan will become a condition of any hazardous waste operating license issued.

NR 664.0118(2) (2) Content of plan. For each hazardous waste management unit subject to the requirements of this section, the long-term care plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least all of the following:

NR 664.0118(2)(a) (a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with subchs. F, K, L, N and X during the long-term care period.

NR 664.0118(2)(b) (b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure both of the following:

NR 664.0118(2)(b)1. 1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. F, K, L, N and X.

NR 664.0118(2)(b)2. 2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L, N and X.

NR 664.0118(2)(c) (c) The name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the long-term care period.

NR 664.0118(2)(d) (d) 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 that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

NR 664.0118(3) (3) Availability of plan. Until final closure of the facility, a copy of the approved long-term care plan shall be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in sub. (2) (c) shall keep the approved long-term care plan during the remainder of the long-term care period.

NR 664.0118(4) (4) 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 the approved long-term care plan in accordance with the applicable requirements in ch. NR 670. The written notification or request shall include a copy of the amended long-term care plan for review or approval by the department.

NR 664.0118(4)(a) (a) The owner or operator may submit a written notification or request to the department for an operating license modification to amend the long-term care plan at any time during the active life of the facility or during the long-term care period.

NR 664.0118(4)(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 long-term care plan whenever any of the following occurs:

NR 664.0118(4)(b)1. 1. Changes in operating plans or facility design affect the approved long-term care plan.

NR 664.0118(4)(b)2. 2. There is a change in the expected year of final closure, if applicable.

NR 664.0118(4)(b)3. 3. Events which occur during the active life of the facility, including partial and final closures, affect the approved long-term care plan.

NR 664.0118(4)(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 664.0118(4)(c) (c) The owner or operator shall submit a written request for an operating license modification 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 long-term care plan. 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 submit a contingent long-term care plan under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department no later than 90 days after 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. The department will approve, disapprove or modify this plan in accordance with the procedures in ch. NR 670. In accordance with s. NR 670.032, the approved long-term care plan will become an operating license condition.

NR 664.0118(4)(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 no later than 60 days after the department’s request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent long-term care plan. Any modifications requested by the department will be approved, disapproved or modified in accordance with the procedures in ch. NR 670.

NR 664.0118 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0119 NR 664.0119 Long-term care notices.

NR 664.0119(1) (1) No later than 60 days after 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 record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner’s or operator’s knowledge and in accordance with any records the owner or operator has kept.

NR 664.0119(2) (2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following:

NR 664.0119(2)(a) (a) Record, in accordance with ch. 706, Stats., a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following:

NR 664.0119(2)(a)1. 1. The land has been used to manage hazardous wastes.

NR 664.0119(2)(a)2. 2. Its use is restricted under this subchapter.

NR 664.0119(2)(a)3. 3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 664.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department.

NR 664.0119(2)(b) (b) Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in par. (a), including a copy of the document in which the notation has been placed, to the department.

NR 664.0119(3) (3) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the long-term care license in accordance with the applicable requirements in ch. NR 670. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 664.0117 (3). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673. If the owner or operator is granted a license modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following:

NR 664.0119(3)(a) (a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search.

NR 664.0119(3)(b) (b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

NR 664.0119 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0120 NR 664.0120 Certification of completion of long-term care. No later than 60 days after completion of the established long-term care period for each hazardous waste disposal unit, the owner or operator shall submit to the department, by registered mail, a certification that the long-term care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved long-term care plan. The owner or operator and a qualified professional engineer shall sign the certification. 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 long-term care under s. NR 664.0145 (11).

NR 664.0120 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.

subch. H of ch. NR 664 Subchapter H — Financial Requirements

NR 664.0140 NR 664.0140 Applicability.

NR 664.0140(1) (1) The requirements of ss. NR 664.0142, 664.0143 and 664.0147 to 664.0151 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in s. NR 664.0001.

NR 664.0140(2) (2) The requirements of ss. NR 664.0144 and 664.0145 apply only to owners and operators of one or more of the following:

NR 664.0140(2)(a) (a) Disposal facilities.

NR 664.0140(2)(b) (b) 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 ss. NR 664.0228 and 664.0258.