Chapter NR 664

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.

NR 664.0232 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. L of ch. NR 664 Subchapter L — Waste Piles

NR 664.0250 NR 664.0250 Applicability.

NR 664.0250(1) (1) This subchapter applies to owners and operators of facilities that store or treat hazardous waste in piles, except as s. NR 664.0001 provides otherwise.

NR 664.0250(2) (2) This subchapter does not apply to owners or operators of waste piles that are closed with wastes left in place. Those waste piles are regulated under subch. N (landfills).

NR 664.0250(3) (3) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not regulated under s. NR 664.0251 or under subch. F, if all of the following are met:

NR 664.0250(3)(a) (a) Liquids or materials containing free liquids are not placed in the pile.

NR 664.0250(3)(b) (b) The pile is protected from surface water run-on by the structure or in some other manner.

NR 664.0250(3)(c) (c) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting.

NR 664.0250(3)(d) (d) The pile will not generate leachate through decomposition or other reactions.

NR 664.0250 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0251 NR 664.0251 Design and operating requirements.

NR 664.0251(1) (1) A waste pile (except for an existing portion of a waste pile) shall have both of the following:

NR 664.0251(1)(a) (a) A liner that is designed, constructed and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or groundwater or surface water) during the active life of the facility. The liner shall be all of the following:

NR 664.0251(1)(a)1. 1. 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 664.0251(1)(a)2. 2. 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 664.0251(1)(a)3. 3. Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

NR 664.0251(1)(b) (b) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained and operated to collect and remove leachate from the pile. The department shall specify design and operating conditions in the operating license to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be both of the following:

NR 664.0251(1)(b)1. 1. Constructed of materials that are both of the following:

NR 664.0251(1)(b)1.a. a. Chemically resistant to the waste managed in the pile and the leachate expected to be generated.

NR 664.0251(1)(b)1.b. b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials and any equipment used at the pile.

NR 664.0251(1)(b)2. 2. Designed and operated to function without clogging through the scheduled closure of the waste pile.

NR 664.0251(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 664.0251(2)(a) (a) The nature and quantity of the wastes.

NR 664.0251(2)(b) (b) The proposed alternate design and operation.

NR 664.0251(2)(c) (c) The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and groundwater or surface water.

NR 664.0251(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 664.0251(3) (3) The owner or operator of each new waste pile unit, each lateral expansion of a waste pile unit, and each replacement of an existing waste pile unit shall install 2 or more liners and a leachate collection and removal system above and between the liners.

NR 664.0251(3)(a) (a)

NR 664.0251(3)(a)1. 1. The liner system shall include both of the following:

NR 664.0251(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 664.0251(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 1´10-7 cm/sec.

NR 664.0251(3)(a)2. 2. The liners shall comply with sub. (1) (a) 1., 2. and 3.

NR 664.0251(3)(b) (b) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated and maintained to collect and remove leachate from the waste pile during the active life and long-term care period. The department will specify design and operating conditions in the operating license to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall comply with par. (c) 3. and 4.

NR 664.0251(3)(c) (c) 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 664.0251(3)(c)1. 1. Constructed with a bottom slope of 1% or more.

NR 664.0251(3)(c)2. 2. Constructed of granular drainage materials with a hydraulic conductivity of 1´10-2 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 3´10-5 m 2/sec or more.

NR 664.0251(3)(c)3. 3. Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials and equipment used at the waste pile.

NR 664.0251(3)(c)4. 4. Designed and operated to minimize clogging during the active life and long-term care period.

NR 664.0251(3)(c)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 664.0251(3)(d) (d) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.

NR 664.0251(3)(e) (e) 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 664.0251(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 664.0251(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 systems specified in sub. (3).

NR 664.0251(4)(b) (b) Allow detection of leaks of hazardous constituents through the top liner at least as effectively.

NR 664.0251(5) (5) Subsection (3) does not apply to monofills that are granted a waiver by the department in accordance with s. NR 664.0221 (5).

NR 664.0251(6) (6) The owner or operator of any replacement waste pile unit is exempt from sub. (3) if both of the following apply:

NR 664.0251(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 664.0251(6)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 664.0251(7) (7) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm.

NR 664.0251(8) (8) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

NR 664.0251(9) (9) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

NR 664.0251(10) (10) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.

NR 664.0251(11) (11) 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 664.0251 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (intro.) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0252 NR 664.0252 Action leakage rate.

NR 664.0252(1) (1) The department shall approve an action leakage rate for waste pile units subject to s. NR 664.0251 (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 664.0252(2) (2) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under s. NR 664.0254 (3), 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.

NR 664.0252 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0253 NR 664.0253 Response actions.

NR 664.0253(1) (1) The owner or operator of waste pile units subject to s. NR 664.0251 (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 664.0253(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 664.0253(2)(a) (a) Notify the department in writing of the exceedance within 7 days of the determination.

NR 664.0253(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 664.0253(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 664.0253(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.