Chapter NR 664

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.

NR 664.0223(3) (3) To make the leak and remediation determinations in sub. (2) (c), (d) and (e), the owner or operator shall comply with par. (a) or (b):

NR 664.0223(3)(a) (a) Do all of the following:

NR 664.0223(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

NR 664.0223(3)(a)2. 2. Conduct a fingerprint, hazardous constituent or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid.

NR 664.0223(3)(a)3. 3. Assess the seriousness of any leaks in terms of potential for escaping into the environment.

NR 664.0223(3)(b) (b) Document why the assessments are not needed.

NR 664.0223 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0226 NR 664.0226 Monitoring and inspection.

NR 664.0226(1) (1) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from s. NR 664.0221 (1)) and cover systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots or foreign materials). Both of the following inspections are required immediately after construction or installation:

NR 664.0226(1)(a) (a) Synthetic liners and covers shall be inspected, to ensure tight seams and joints and the absence of tears, punctures or blisters.

NR 664.0226(1)(b) (b) Soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

NR 664.0226(2) (2) While a surface impoundment is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 664.0226(2)(a) (a) Deterioration, malfunctions or improper operation of overtopping control systems.

NR 664.0226(2)(b) (b) Sudden drops in the level of the impoundment’s contents.

NR 664.0226(2)(c) (c) Severe erosion or other signs of deterioration in dikes or other containment devices.

NR 664.0226(3) (3) Prior to the issuance of an operating license, and after any extended period of time (at least 6 months) during which the impoundment was not in service, the owner or operator shall obtain a certification from a qualified engineer that the impoundment’s dike, including that portion of any dike which provides freeboard, has structural integrity. The certification shall establish, in particular, that the dike will do both of the following:

NR 664.0226(3)(a) (a) Withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment.

NR 664.0226(3)(b) (b) Not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.

NR 664.0226(4) (4) 

NR 664.0226(4)(a) (a) An owner or operator required to have a leak detection system under s. NR 664.0221 (3) or (4) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

NR 664.0226(4)(b) (b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the long-term care period the pump operating level is exceeded at units on quarterly or semi- annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months.

NR 664.0226(4)(c) (c) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions and level that avoids backup into the drainage layer and minimizes head in the sump.

NR 664.0226 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0227 NR 664.0227 Emergency repairs; contingency plans.

NR 664.0227(1) (1) A surface impoundment shall be removed from service in accordance with sub. (2) when either of the following occurs:

NR 664.0227(1)(a) (a) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment.

NR 664.0227(1)(b) (b) The dike leaks.

NR 664.0227(2) (2) When a surface impoundment must be removed from service as required by sub. (1), the owner or operator shall do all of the following:

NR 664.0227(2)(a) (a) Immediately shut off the flow or stop the addition of wastes into the impoundment.

NR 664.0227(2)(b) (b) Immediately contain any surface leakage which has occurred or is occurring.

NR 664.0227(2)(c) (c) Immediately stop the leak.

NR 664.0227(2)(d) (d) Take any other necessary steps to stop or prevent catastrophic failure.

NR 664.0227(2)(e) (e) If a leak cannot be stopped by any other means, empty the impoundment.

NR 664.0227(2)(f) (f) Notify the department of the problem in writing within 7 days after detecting the problem.

NR 664.0227(3) (3) As part of the contingency plan required in subch. D, the owner or operator shall specify a procedure for complying with the requirements of sub. (2).

NR 664.0227(4) (4) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken:

NR 664.0227(4)(a) (a) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike’s structural integrity shall be recertified in accordance with s. NR 664.0226 (3).

NR 664.0227(4)(b) (b) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then both of the following apply:

NR 664.0227(4)(b)1. 1. For any existing portion of the impoundment, a liner shall be installed in compliance with s. NR 664.0221 (1).

NR 664.0227(4)(b)2. 2. For any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer as meeting the design specifications approved in the operating license.

NR 664.0227(5) (5) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired shall be closed in accordance with the provisions of s. NR 664.0228.

NR 664.0227 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0228 NR 664.0228 Closure and long-term care.

NR 664.0228(1) (1) At closure, the owner or operator shall comply with either par. (a) or (b):

NR 664.0228(1)(a) (a) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003 (4) applies.

NR 664.0228(1)(b) (b) Do all of the following:

NR 664.0228(1)(b)1. 1. Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues.

NR 664.0228(1)(b)2. 2. Stabilize remaining wastes to a bearing capacity sufficient to support final cover.

NR 664.0228(1)(b)3. 3. Cover the surface impoundment with a final cover designed and constructed to do all of the following:

NR 664.0228(1)(b)3.a. a. Provide long-term minimization of the migration of liquids through the closed impoundment.

NR 664.0228(1)(b)3.b. b. Function with minimum maintenance.

NR 664.0228(1)(b)3.c. c. Promote drainage and minimize erosion or abrasion of the final cover.

NR 664.0228(1)(b)3.d. d. Accommodate settling and subsidence so that the cover’s integrity is maintained.

NR 664.0228(1)(b)3.e. e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

NR 664.0228(2) (2) If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 664.0117 to 664.0120, including maintenance and monitoring throughout the long-term care period (specified in the operating license under s. NR 664.0117). The owner or operator shall do all of the following:

NR 664.0228(2)(a) (a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events.

NR 664.0228(2)(b) (b) Maintain and monitor the leak detection system in accordance with ss. NR 664.0221 (3) (b) 4. and (c) and 664.0226 (4), and comply with all other applicable leak detection system requirements of this chapter.

NR 664.0228(2)(c) (c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F.

NR 664.0228(2)(d) (d) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

NR 664.0228(3) (3) 

NR 664.0228(3)(a) (a) If an owner or operator plans to close a surface impoundment in accordance with sub. (1) (a), and the impoundment does not comply with the liner requirements of s. NR 664.0221 (1) and is not exempt from them in accordance with s. NR 664.0221 (2), then both of the following apply:

NR 664.0228(3)(a)1. 1. The closure plan for the impoundment under s. NR 664.0112 shall include both a plan for complying with sub. (1) (a) and a contingent plan for complying with sub. (1) (b) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(a)2. 2. The owner or operator shall prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(b) (b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of an impoundment subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) (a).

NR 664.0228 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0229 NR 664.0229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of ch. NR 668, and sub. (1), (2) or (3):

NR 664.0229(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the impoundment so that both of the following apply:

NR 664.0229(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 664.0229(1)(b) (b) Section NR 664.0017 (2) is complied with.

NR 664.0229(2) (2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

NR 664.0229(3) (3) The surface impoundment is used solely for emergencies.

NR 664.0229 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0230 NR 664.0230 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 664 Appendix V for examples) may not be placed in the same surface impoundment, unless s. NR 664.0017 (2) is complied with.

NR 664.0230 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 664.0231 NR 664.0231 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

NR 664.0231(1) (1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. All of the following factors shall be considered:

NR 664.0231(1)(a) (a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.

NR 664.0231(1)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.

NR 664.0231(1)(c) (c) The mobilizing properties of other materials co-disposed with these wastes.

NR 664.0231(1)(d) (d) The effectiveness of additional treatment, design or monitoring techniques.

NR 664.0231(2) (2) The department may determine that additional design, operating and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026 and F027 in order to reduce the possibility of migration of these wastes to groundwater, surface water or air so as to protect human health and the environment.

NR 664.0231 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0232 NR 664.0232 Air emission standards. The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of subchs. BB and CC.