Chapter NR 664

NR 664.0196(5)(c) (c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 664.0196(5)(d) (d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 664.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 664.0192 and 664.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 664.0193 prior to being returned to use.

NR 664.0196(6) (6) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011 (4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility.

NR 664.0196 Note Note: The department or EPA Regional Administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924 (v), 6928 (h), or 6973 (a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 664.0196 Note Note: See s. NR 664.0015(3) for the requirements necessary to remedy a failure. Also, if a hazardous substance is released to the environment, 40 CFR part 302 may require the owner or operator to notify the national response center and s. 292.11, Stats., and ch. NR 706 may require the owner or operator to notify the department.

NR 664.0196 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0197 NR 664.0197 Closure and long-term care.

NR 664.0197(1) (1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H.

NR 664.0197(2) (2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 664.0197(3) (3) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of s. NR 664.0193 (2) to (6) and has not been granted a variance from the secondary containment requirements in accordance with s. NR 664.0193 (7), then:

NR 664.0197(3)(a) (a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2).

NR 664.0197(3)(b) (b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report.

NR 664.0197(3)(c) (c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).

NR 664.0197(3)(d) (d) Financial assurance shall be based on the cost estimates in par. (c).

NR 664.0197(3)(e) (e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H.

NR 664.0197 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20; correction in (1) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 664.0198 NR 664.0198 Special requirements for ignitable or reactive wastes.

NR 664.0198(1) (1) Ignitable or reactive waste may not be placed in tank systems, unless par. (a), (b) or (c) applies:

NR 664.0198(1)(a) (a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply:

NR 664.0198(1)(a)1. 1. The resulting waste, mixture or dissolved material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 664.0198(1)(a)2. 2. Section NR 664.0017 (2) is complied with.

NR 664.0198(1)(b) (b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.

NR 664.0198(1)(c) (c) The tank system is used solely for emergencies.

NR 664.0198(2) (2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11.

NR 664.0198 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No 776, eff. 9-1-20.

NR 664.0199 NR 664.0199 Special requirements for incompatible wastes.

NR 664.0199(1) (1) Incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples), may not be placed in the same tank system, unless s. NR 664.0017 (2) is complied with.

NR 664.0199(2) (2) Hazardous waste may not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless s. NR 664.0017 (2) is complied with.

NR 664.0199 History History: 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 March 2013 No. 687.

NR 664.0200 NR 664.0200 Air emission standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subchs. AA, BB and CC.

NR 664.0200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. K of ch. NR 664 Subchapter K — Surface Impoundments

NR 664.0220 NR 664.0220 Applicability. This subchapter applies to owners and operators of facilities that use surface impoundments to treat, store or dispose of hazardous waste except as s. NR 664.0001 provides otherwise.

NR 664.0220 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0221 NR 664.0221 Design and operating requirements.

NR 664.0221(1) (1) Any surface impoundment that is not covered by sub. (3) or s. NR 665.0221 shall have a liner for all portions of the impoundment (except for existing portions of the impoundment). The liner shall be designed, constructed and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or groundwater or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with s. NR 664.0228 (1) (a). For impoundments that will be closed in accordance with s. NR 664.0228 (1) (b), the liner shall be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner shall be all of the following:

NR 664.0221(1)(a) (a) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation.

NR 664.0221(1)(b) (b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift.

NR 664.0221(1)(c) (c) Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

NR 664.0221(2) (2) The owner or operator will be exempted from the requirements of sub. (1) if the department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see s. NR 664.0093) into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the department will consider all of the following:

NR 664.0221(2)(a) (a) The nature and quantity of the wastes.

NR 664.0221(2)(b) (b) The proposed alternate design and operation.

NR 664.0221(2)(c) (c) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and groundwater or surface water.

NR 664.0221(2)(d) (d) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water.

NR 664.0221(3) (3) The owner or operator of each new surface impoundment unit on which construction commences after June 1, 1995, each lateral expansion of a surface impoundment unit on which construction commences after June 1, 1995 and each replacement of an existing surface impoundment unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system between the liners. “Construction commences” is as defined in s. NR 660.10 under “existing facility”.

NR 664.0221(3)(a) (a)

NR 664.0221(3)(a)1. 1. The liner system shall include both of the following:

NR 664.0221(3)(a)1.a. a. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into the liner during the active life and long-term care period.

NR 664.0221(3)(a)1.b. b. A composite bottom liner, consisting of at least 2 components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and long-term care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10-7 cm/sec.

NR 664.0221(3)(a)2. 2. The liners shall comply with sub. (1) (a), (b) and (c).

NR 664.0221(3)(b) (b) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and long-term care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum, all of the following:

NR 664.0221(3)(b)1. 1. Constructed with a bottom slope of 1% or more.

NR 664.0221(3)(b)2. 2. Constructed of granular drainage materials with a hydraulic conductivity of 1x10-1 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10-4 m2/sec or more.

NR 664.0221(3)(b)3. 3. Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment.

NR 664.0221(3)(b)4. 4. Designed and operated to minimize clogging during the active life and long-term care period.

NR 664.0221(3)(b)5. 5. Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump. The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.

NR 664.0221(3)(c) (c) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.

NR 664.0221(3)(d) (d) The owner or operator of a leak detection system that is not located completely above the seasonal high water table shall demonstrate that the operation of the leak detection system will not be adversely affected by the presence of groundwater.

NR 664.0221(4) (4) The department may approve alternative design or operating practices to those specified in sub. (3) if the owner or operator demonstrates to the department that the design and operating practices, together with location characteristics, will do both of the following:

NR 664.0221(4)(a) (a) Prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the liners and leachate collection and removal system specified in sub. (3).

NR 664.0221(4)(b) (b) Allow detection of leaks of hazardous constituents through the top liner at least as effectively.

NR 664.0221(5) (5) The double liner requirement in sub. (3) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met:

NR 664.0221(5)(a) (a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.0024.

NR 664.0221(5)(b) (b)

NR 664.0221(5)(b)1. 1. All of the following:

NR 664.0221(5)(b)1.a. a. The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this subsection, the term “liner” means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of sub. (3) on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment, the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of the impoundment will comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action.

NR 664.0221(5)(b)1.b. b. The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3).

NR 664.0221(5)(b)1.c. c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25, Stats.

NR 664.0221(5)(b)2. 2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

NR 664.0221(6) (6) The owner or operator of any replacement surface impoundment unit is exempt from sub. (3) if both of the following apply:

NR 664.0221(6)(a) (a) The existing unit was constructed in compliance with the design standards of 42 USC 6924(o)(1)(A)(i) and (5).

NR 664.0221(6)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 664.0221(7) (7) A surface impoundment shall be designed, constructed, maintained and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms and other equipment and human error.

NR 664.0221(8) (8) A surface impoundment shall have dikes that are designed, constructed and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it may not be presumed that the liner system will function without leakage during the active life of the unit.

NR 664.0221(9) (9) The department shall specify in the operating license all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.

NR 664.0221 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (5) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0222 NR 664.0222 Action leakage rate.

NR 664.0222(1) (1) The department shall approve an action leakage rate for surface impoundment units subject to s. NR 664.0221 (3) or (4). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

NR 664.0222(2) (2) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 664.0226 (4) to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit is closed in accordance with s. NR 664.0228 (2), monthly during the long-term care period when monthly monitoring is required under s. NR 664.0226 (4).

NR 664.0222 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0223 NR 664.0223 Response actions.

NR 664.0223(1) (1) The owner or operator of surface impoundment units subject to s. NR 664.0221 (3) or (4) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in sub. (2).

NR 664.0223(2) (2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall do all of the following:

NR 664.0223(2)(a) (a) Notify the department in writing of the exceedence within 7 days of the determination.

NR 664.0223(2)(b) (b) Submit a preliminary written assessment to the department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size and cause of any leaks and short-term actions taken and planned.

NR 664.0223(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 664.0223(2)(d) (d) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs or controls and whether or not the unit should be closed.

NR 664.0223(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 664.0223(2)(f) (f) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in pars. (c), (d) and (e), the results of actions taken and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the department a report summarizing the results of any remedial actions taken and actions planned.