Chapter NR 664

NR 664.0573(2) (2) If an owner or operator elects to comply with s. NR 664.0572 (1) instead of s. NR 664.0572 (2), the drip pad shall have all of the following:

NR 664.0573(2)(a) (a) A synthetic liner installed below the drip pad that is designed, constructed and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall comply with all of the following:

NR 664.0573(2)(a)1. 1. Be 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 drip pad leakage to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from vehicular traffic on the drip pad).

NR 664.0573(2)(a)2. 2. Be 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 664.0573(2)(a)3. 3. Be installed to cover all surrounding earth that could come in contact with the waste or leakage.

NR 664.0573(2)(b) (b) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system shall comply with all of the following:

NR 664.0573(2)(b)1. 1. Be constructed of materials that are all of the following:

NR 664.0573(2)(b)1.a. a. Chemically resistant to the waste managed in the drip pad and the leakage that might be generated.

NR 664.0573(2)(b)1.b. b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad.

NR 664.0573(2)(b)2. 2. Be designed and operated to function without clogging through the scheduled closure of the drip pad.

NR 664.0573(2)(b)3. 3. Be designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.

NR 664.0573(2)(c) (c) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time and quantity of any leakage collected in this system and removed shall be documented in the operating log.

NR 664.0573(3) (3) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the drip pad.

NR 664.0573 Note Note: See sub. (13) for remedial action required if deterioration or leakage is detected.

NR 664.0573(4) (4) The drip pad and associated collection system shall be designed and operated to convey, drain and collect liquid resulting from drippage or precipitation in order to prevent run-off.

NR 664.0573(5) (5) Unless protected by a structure, as described in s. NR 664.0570 (2), the owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

NR 664.0573(6) (6) Unless protected by a structure or cover as described in s. NR 664.0570 (2), 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 664.0573(7) (7) The drip pad shall be evaluated to determine that it meets the requirements of subs. (1) to (6), and the owner or operator shall obtain a statement from a qualified professional engineer certifying that the drip pad design meets the requirements of this section.

NR 664.0573(8) (8) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

NR 664.0573(9) (9) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility’s operating log. The owner or operator shall determine if the residues are hazardous per s. NR 662.011 and, if so, shall manage them under chs. NR 661 to 668, 670 and s. 291.05 (1), Stats.

NR 664.0573(10) (10) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

NR 664.0573(11) (11) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

NR 664.0573(12) (12) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

NR 664.0573(13) (13) Throughout the active life of the drip pad and as specified in the license, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with all of the following procedures:

NR 664.0573(13)(a) (a) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator shall do all of the following:

NR 664.0573(13)(a)1. 1. Enter a record of the discovery in the facility operating log.

NR 664.0573(13)(a)2. 2. Immediately remove the portion of the drip pad affected by the condition from service.

NR 664.0573(13)(a)3. 3. Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs.

NR 664.0573(13)(a)4. 4. Immediately after discovery of the condition, notify the department of the condition and, within 10 working days, provide written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.

NR 664.0573(13)(b) (b) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.

NR 664.0573(13)(c) (c) Upon completing all repairs and clean up, the owner or operator shall notify the department in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with par. (a) 4.

NR 664.0573(14) (14) Should a license be necessary, the department will specify in the license all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.

NR 664.0573(15) (15) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices.

NR 664.0573 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (d) 2., (7) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0574 NR 664.0574 Inspections.

NR 664.0574(1) (1) During construction or installation, liners and cover systems (for example, membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (for example, holes, cracks, thin spots or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of s. NR 664.0573 by a qualified professional engineer. This certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.

NR 664.0574(2) (2) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 664.0574(2)(a) (a) Deterioration, malfunctions or improper operation of run-on and run-off control systems.

NR 664.0574(2)(b) (b) The presence of leakage in and proper functioning of the leak detection system.

NR 664.0574(2)(c) (c) Deterioration or cracking of the drip pad surface.

NR 664.0574 Note Note: See s. NR 664.0573(13) for remedial action required if deterioration or leakage is detected.

NR 664.0574 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0575 NR 664.0575 Closure.

NR 664.0575(1) (1) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (such as pads and liners), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

NR 664.0575(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 closure and long-term care requirements that apply to landfills (s. NR 664.0310). For licensed units, the requirement to have a license continues throughout the long-term care period. In addition, for the purpose of closure, long-term care and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 664.0575(3) (3) 

NR 664.0575(3)(a) (a) The owner or operator of an existing drip pad, as defined in s. NR 664.0570, that does not comply with the liner requirements of s. NR 664.0573 (2) (a) shall do both of the following:

NR 664.0575(3)(a)1. 1. Include in the closure plan for the drip pad 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 664.0575(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 664.0575(3)(b) (b) The cost estimates calculated under ss. NR 664.0112 and 664.0144 for closure and long-term care of a drip pad 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 664.0575 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. X of ch. NR 664 Subchapter X — Miscellaneous Units

NR 664.0600 NR 664.0600 Applicability. The requirements in this subchapter apply to owners and operators of facilities that treat, store or dispose of hazardous waste in miscellaneous units, except as s. NR 664.0001 provides otherwise.

NR 664.0600 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0601 NR 664.0601 Environmental performance standards. A miscellaneous unit shall be located, designed, constructed, operated, maintained and closed in a manner that will ensure protection of human health and the environment. Licenses for miscellaneous units shall contain terms and provisions necessary to protect human health and the environment, including, as appropriate, design and operating requirements, detection and monitoring requirements and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. License terms and provisions shall include those requirements of subchs. I to O and subchs. AA to CC, ch. NR 670, 40 CFR part 63 subpart EEE and ch. NR 815 that are appropriate for the miscellaneous unit being licensed. Protection of human health and the environment includes all of the following:

NR 664.0601(1) (1) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the groundwater or subsurface environment, considering all of the following:

NR 664.0601(1)(a) (a) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners or other containing structures.

NR 664.0601(1)(b) (b) The hydrologic and geologic characteristics of the unit and the surrounding area.

NR 664.0601(1)(c) (c) The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater.

NR 664.0601(1)(d) (d) The quantity and direction of groundwater flow.

NR 664.0601(1)(e) (e) The proximity to and withdrawal rates of current and potential groundwater users.

NR 664.0601(1)(f) (f) The patterns of land use in the region.

NR 664.0601(1)(g) (g) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation.

NR 664.0601(1)(h) (h) The potential for health risks caused by human exposure to waste constituents.

NR 664.0601(1)(i) (i) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

NR 664.0601(2) (2) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water or wetlands, or on the soil surface considering all of the following:

NR 664.0601(2)(a) (a) The volume and physical and chemical characteristics of the waste in the unit.

NR 664.0601(2)(b) (b) The effectiveness and reliability of containing, confining and collecting systems and structures in preventing migration.

NR 664.0601(2)(c) (c) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit.

NR 664.0601(2)(d) (d) The patterns of precipitation in the region.

NR 664.0601(2)(e) (e) The quantity, quality and direction of groundwater flow.

NR 664.0601(2)(f) (f) The proximity of the unit to surface waters.

NR 664.0601(2)(g) (g) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters.

NR 664.0601(2)(h) (h) The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils.

NR 664.0601(2)(i) (i) The patterns of land use in the region.

NR 664.0601(2)(j) (j) The potential for health risks caused by human exposure to waste constituents.

NR 664.0601(2)(k) (k) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

NR 664.0601(3) (3) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering all of the following:

NR 664.0601(3)(a) (a) The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates.

NR 664.0601(3)(b) (b) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air.

NR 664.0601(3)(c) (c) The operating characteristics of the unit.

NR 664.0601(3)(d) (d) The atmospheric, meteorologic and topographic characteristics of the unit and the surrounding area.

NR 664.0601(3)(e) (e) The existing quality of the air, including other sources of contamination and their cumulative impact on the air.

NR 664.0601(3)(f) (f) The potential for health risks caused by human exposure to waste constituents.

NR 664.0601(3)(g) (g) The potential for damage to domestic animals, wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

NR 664.0601 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0602 NR 664.0602 Monitoring, analysis, inspection, response, reporting and corrective action. Monitoring, testing, analytical data, inspections, response and reporting procedures and frequencies shall ensure compliance with ss. NR 664.0015, 664.0033, 664.0075, 664.0076, 664.0077, 664.0101 and 664.0601 as well as meet any additional requirements needed to protect human health and the environment as specified in the license.

NR 664.0602 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0603 NR 664.0603 Long-term care. A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with s. NR 664.0601 during the long-term care period. If a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminated during closure, the unit shall also meet the requirements of s. NR 664.0601 during long-term care. The long-term care plan under s. NR 664.0118 shall specify the procedures that will be used to satisfy this requirement.