Chapter NR 664

NR 664.0254(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 664.0254(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 664.0254(2) (2) While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 664.0254(2)(a) (a) Deterioration, malfunctions or improper operation of run-on and run-off control systems.

NR 664.0254(2)(b) (b) Proper functioning of wind dispersal control systems, where present.

NR 664.0254(2)(c) (c) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

NR 664.0254(3) (3) An owner or operator required to have a leak detection system under s. NR 664.0251 (3) 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 664.0254 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0256 NR 664.0256 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a waste pile unless the waste and waste pile satisfy all applicable requirements of ch. NR 668 and sub. (1) or (2):

NR 664.0256(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the pile so that both of the following apply:

NR 664.0256(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 664.0256(1)(b) (b) Section NR 664.0017 (2) is complied with.

NR 664.0256(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 664.0256 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.

NR 664.0257 NR 664.0257 Special requirements for incompatible wastes.

NR 664.0257(1) (1) Incompatible wastes, or incompatible wastes and materials, (see ch. NR 664 Appendix V for examples) may not be placed in the same pile, unless s. NR 664.0017 (2) is complied with.

NR 664.0257(2) (2) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other piles, open tanks or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall or other device.

NR 664.0257(3) (3) Hazardous waste may not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with s. NR 664.0017 (2).

NR 664.0257 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 664.0258 NR 664.0258 Closure and long-term care.

NR 664.0258(1) (1) At closure, the owner or operator shall 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 664.0258(2) (2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in sub. (1), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310).

NR 664.0258(3) (3) 

NR 664.0258(3)(a) (a) The owner or operator of a waste pile that does not comply with the liner requirements of s. NR 664.0251 (1) (a) and is not exempt from them in accordance with s. NR 664.0250 (3) or 664.0251 (2), shall do both of the following:

NR 664.0258(3)(a)1. 1. Include in the closure plan for the pile under s. NR 664.0112 both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0258(3)(a)2. 2. 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 664.0258(3)(b) (b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of a pile 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).

NR 664.0258 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.

NR 664.0259 NR 664.0259 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

NR 664.0259(1) (1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in waste piles that are not enclosed (as defined in s. NR 664.0250 (3)) unless the owner or operator operates the waste pile 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 664.0259(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 664.0259(1)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.

NR 664.0259(1)(c) (c) The mobilizing properties of other materials co-disposed with these wastes.

NR 664.0259(1)(d) (d) The effectiveness of additional treatment, design or monitoring techniques.

NR 664.0259(2) (2) The department may determine that additional design, operating and monitoring requirements are necessary for piles 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 664.0259 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. M of ch. NR 664 Subchapter M — Land Treatment

NR 664.0270 NR 664.0270 Applicability. Land treatment of any hazardous waste is prohibited. The department may not grant a variance under s. 291.31, Stats., to allow land treatment of any hazardous waste, as identified or listed in ch. NR 661.

NR 664.0270 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. N of ch. NR 664 Subchapter N — Landfills

NR 664.0300 NR 664.0300 Applicability. This subchapter applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as s. NR 664.0001 provides otherwise.

NR 664.0300 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0301 NR 664.0301 Design and operating requirements.

NR 664.0301(1) (1) Any landfill that is not covered by sub. (3) or s. NR 665.0301 (1) shall have a liner system for all portions of the landfill (except for existing portions of the landfill). The liner system shall have both of the following:

NR 664.0301(1)(a) (a) A liner that is designed, constructed and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be all of the following:

NR 664.0301(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 664.0301(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 664.0301(1)(a)3. 3. Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

NR 664.0301(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 landfill. 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 664.0301(1)(b)1. 1. Constructed of materials that are both of the following:

NR 664.0301(1)(b)1.a. a. Chemically resistant to the waste managed in the landfill and the leachate expected to be generated.

NR 664.0301(1)(b)1.b. b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials and any equipment used at the landfill.

NR 664.0301(1)(b)2. 2. Designed and operated to function without clogging through the scheduled closure of the landfill.

NR 664.0301(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 alternative 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 664.0301(2)(a) (a) The nature and quantity of the wastes.

NR 664.0301(2)(b) (b) The proposed alternate design and operation.

NR 664.0301(2)(c) (c) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and groundwater or surface water.

NR 664.0301(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 664.0301(3) (3) The owner or operator of each new landfill unit on which construction commences after June 1, 1995, each lateral expansion of a landfill unit on which construction commences after June 1, 1995, and each replacement of an existing landfill unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system above and between the liners. “Construction commences” is as defined in s. NR 660.10 under “existing facility”.

NR 664.0301(3)(a) (a)

NR 664.0301(3)(a)1. 1. The liner system shall include both of the following:

NR 664.0301(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 664.0301(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 664.0301(3)(a)2. 2. The liners shall comply with sub. (1) (a) 1., 2. and 3.

NR 664.0301(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 landfill 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 664.0301(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 664.0301(3)(c)1. 1. Constructed with a bottom slope of 1% or more.

NR 664.0301(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 m2/sec or more.

NR 664.0301(3)(c)3. 3. Constructed of materials that are chemically resistant to the waste managed in the landfill 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 landfill.

NR 664.0301(3)(c)4. 4. Designed and operated to minimize clogging during the active life and long-term care period.

NR 664.0301(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 664.0301(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 664.0301(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 664.0301(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 664.0301(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 664.0301(4)(b) (b) Allow detection of leaks of hazardous constituents through the top liner at least as effectively.

NR 664.0301(5) (5) The double liner requirement in sub. (3) may be waived by the department for any monofill, if pars. (a) and (b) 1. or 2. apply:

NR 664.0301(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, with EPA hazardous waste numbers D004 to D017.

NR 664.0301(5)(b) (b)

NR 664.0301(5)(b)1. 1. All of the following conditions are met:

NR 664.0301(5)(b)1.a. a. The monofill has at least one liner for which there is no evidence that the liner is leaking.

NR 664.0301(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 664.0301(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 664.0301(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 664.0301(6) (6) The owner or operator of any replacement landfill unit is exempt from sub. (3) if both of the following apply:

NR 664.0301(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 664.0301(6)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 664.0301(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 landfill during peak discharge from at least a 25-year storm.

NR 664.0301(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.