NR 665.0017(2)(b)(b) Produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health. NR 665.0017(2)(c)(c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions. NR 665.0017(2)(d)(d) Damage the structural integrity of the device or facility containing the waste. NR 665.0017(2)(e)(e) Through other like means threaten human health or the environment. NR 665.0017 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0018NR 665.0018 Location standards. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave, wetland, or critical habitat is prohibited. NR 665.0018 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0019NR 665.0019 Construction quality assurance program. NR 665.0019(1)(a)(a) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile and landfill units that are required to comply with ss. NR 665.0221 (1), 665.0254 and 665.0301 (1). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the interim license. The program shall be developed and implemented under the direction of a CQA officer who is a registered professional engineer. NR 665.0019(1)(b)(b) The CQA program shall address all of the following physical components, where applicable: NR 665.0019(2)(2) Written cqa plan. Before construction begins on a unit subject to the CQA program under sub. (1), the owner or operator shall develop a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include all of the following: NR 665.0019(2)(a)(a) Identification of applicable units, and a description of how they will be constructed. NR 665.0019(2)(b)(b) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications. NR 665.0019(2)(c)(c) A description of inspection and sampling activities for all unit components identified in sub. (1) (b), including observations and tests that will be used before, during and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover sampling size and locations, frequency of testing, data evaluation procedures, acceptance and rejection criteria for construction materials, plans for implementing corrective measures and data or other information to be recorded and retained in the operating record under s. NR 665.0073. NR 665.0019(3)(a)(a) The CQA program shall include observations, inspections, tests and measurements sufficient to ensure all of the following: NR 665.0019(3)(a)2.2. Proper construction of all components of the liners, leachate collection and removal system, leak detection system and final cover system, according to interim license specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications. NR 665.0019(3)(b)(b) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a), 664.0251 (3) (a) and 664.0301 (3) (a) in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a), 664.0251 (3) (a) and 664.0301 (3) (a) in the field. NR 665.0019(4)(4) Certification. The owner or operator of units subject to s. NR 665.0019 shall submit to the department by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of s. NR 665.0221 (1), 665.0254 or 665.0301 (1). The owner or operator may receive waste in the unit after 30 days from the department’s receipt of the CQA certification unless the department determines in writing that the construction is not acceptable, extends the review period for a maximum of 30 more days or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer’s certification shall be furnished to the department upon request. NR 665.0019 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0020NR 665.0020 Schedule of compliance for corrective action. The license issued under s. 291.25 (4), Stats., shall contain schedules of compliance for the corrective action and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats. NR 665.0020 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784. NR 665.0030NR 665.0030 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise. NR 665.0030 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0031NR 665.0031 Maintenance and operation of facility. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water which could threaten human health or the environment. NR 665.0031 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0032NR 665.0032 Required equipment. All facilities shall be equipped with all of the following, unless none of the hazards posed by waste handled at the facility could require any of the following particular kinds of equipment: NR 665.0032(1)(1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel. NR 665.0032(2)(2) A device, such as a telephone (immediately available at the scene of operations) or a hand-held 2-way radio, capable of summoning emergency assistance from local police departments, fire departments or state or local emergency response teams. NR 665.0032(3)(3) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas or dry chemicals), spill control equipment and decontamination equipment. NR 665.0032(4)(4) Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers or water spray systems. NR 665.0032 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0033NR 665.0033 Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency. NR 665.0033 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0034NR 665.0034 Access to communications or alarm system. NR 665.0034(1)(1) Whenever hazardous waste is being poured, mixed, spread or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under s. NR 665.0032. NR 665.0034(2)(2) If there is ever just one employee on the premises while the facility is operating, that employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held 2-way radio, capable of summoning external emergency assistance, unless such a device is not required under s. NR 665.0032. NR 665.0034 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0035NR 665.0035 Required aisle space. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes. NR 665.0035 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0037NR 665.0037 Arrangements with local authorities. NR 665.0037(1)(1) The owner or operator shall attempt to make all of the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations: NR 665.0037(1)(a)(a) Arrangements to familiarize police, fire departments and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes. NR 665.0037(1)(b)(b) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority. NR 665.0037(1)(c)(c) Agreements with state emergency response teams, emergency response contractors and equipment suppliers. NR 665.0037(1)(d)(d) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions or releases at the facility. NR 665.0037(2)(2) Where state or local authorities decline to enter into these arrangements, the owner or operator shall document the refusal in the operating record. NR 665.0037 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0050NR 665.0050 Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise. NR 665.0050 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0051NR 665.0051 Purpose and implementation of contingency plan. NR 665.0051(1)(1) The owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. NR 665.0051(2)(2) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. NR 665.0051 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0052(1)(1) The contingency plan shall describe the actions facility personnel must take to comply with ss. NR 665.0051 and 665.0056 in response to fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water at the facility. NR 665.0052(2)(2) If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan according to 40 CFR part 112, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter. The owner or operator may develop one contingency plan which meets all regulatory requirements. The department recommends that the plan be based on the national response team’s (NRT) integrated contingency plan guidance. When modifications are made to non-hazardous waste provisions in an integrated contingency plan, the changes do not trigger the need for a hazardous waste license modification. NR 665.0052(3)(3) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors and state and local emergency response teams to coordinate emergency services, pursuant to s. NR 665.0037. NR 665.0052(4)(4) The plan shall list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see s. NR 665.0055), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. NR 665.0052(5)(5) The plan shall include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external) and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities. NR 665.0052(6)(6) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe the signal or signals to be used to begin evacuation, evacuation routes and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires). NR 665.0053NR 665.0053 Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be: NR 665.0053(2)(2) Submitted to all local police departments, fire departments, hospitals and state and local emergency response teams that may be called upon to provide emergency services. NR 665.0053 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0054NR 665.0054 Amendment of contingency plan. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any of the following occurs: NR 665.0054(1)(1) Applicable rules or the facility interim license are revised. NR 665.0054(3)(3) The facility changes—in its design, construction, operation, maintenance or other circumstances—in a way that materially increases the potential for fires, explosions or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency. NR 665.0054 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0055NR 665.0055 Emergency coordinator. At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. NR 665.0055 NoteNote: The emergency coordinator’s responsibilities are more fully spelled out in s. NR 665.0056. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of wastes handled by the facility, and type and complexity of the facility. NR 665.0055 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0056(1)(1) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or a designee when the emergency coordinator is on call) shall immediately do all of the following:
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