Chapter NR 665

NR 665.1101(3)(a) (a) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum, do all of the following:

NR 665.1101(3)(a)1. 1. Maintain the primary barrier to be free of significant cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the primary barrier.

NR 665.1101(3)(a)2. 2. Maintain the level of the stored or treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.

NR 665.1101(3)(a)3. 3. Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed.

NR 665.1101(3)(a)4. 4. Take measures to control fugitive dust emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions. In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices. This state of no visible emissions shall be maintained effectively at all times during normal operating conditions, including when vehicles and personnel are entering and exiting the unit.

NR 665.1101(3)(b) (b) Obtain and keep onsite a certification by a qualified professional engineer that the containment building design meets the requirements of subs. (1) to (3).

NR 665.1101(3)(c) (c) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, repair the condition promptly, in accordance with all of the following procedures:

NR 665.1101(3)(c)1. 1. Upon detection of a condition that has led to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator shall do all of the following:

NR 665.1101(3)(c)1.a. a. Enter a record of the discovery in the facility operating record.

NR 665.1101(3)(c)1.b. b. Immediately remove the portion of the containment building affected by the condition from service.

NR 665.1101(3)(c)1.c. c. Determine what steps must be taken to repair the containment building, remove any leakage from the secondary collection system and establish a schedule for accomplishing the cleanup and repairs.

NR 665.1101(3)(c)1.d. d. Within 7 days after the discovery of the condition, notify the department of the condition, and within 14 working days, provide a written notice to the department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.

NR 665.1101(3)(c)2. 2. The department will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete and notify the owner or operator of the determination and the underlying rationale in writing.

NR 665.1101(3)(c)3. 3. Upon completing all repairs and cleanup the owner or operator shall notify the department in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subd. 1. d.

NR 665.1101(3)(d) (d) Inspect and record in the facility operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

NR 665.1101(4) (4) For a containment building that contains both areas with and without secondary containment, the owner or operator shall do all of the following:

NR 665.1101(4)(a) (a) Design and operate each area according to the requirements in subs. (1) to (3).

NR 665.1101(4)(b) (b) Take measures to prevent the release of liquids or wet materials into areas without secondary containment.

NR 665.1101(4)(c) (c) Maintain in the facility’s operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

NR 665.1101(5) (5) Notwithstanding any other provision of this subchapter, the department may waive requirements for secondary containment for a licensed containment building where the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.

NR 665.1101 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (3) (d) Register August 2020 No. 776, eff. 9-1-20.

NR 665.1102 NR 665.1102 Closure and long-term care.

NR 665.1102(1) (1) At closure of a containment building, 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. The closure plan, closure activities, cost estimates for closure and financial responsibility for containment buildings shall meet all of the requirements specified in subchs. G and H.

NR 665.1102(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 665.0310). In addition, for the purposes of closure, long-term care and financial responsibility, the containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 665.1102 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: renum. (3) to (2) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No. 776, eff. 9-1-20.

subch. EE of ch. NR 665 Subchapter EE — Hazardous Waste Munitions and Explosives Storage

NR 665.1200 NR 665.1200 Applicability. The requirements of this subchapter apply to owners or operators who store munitions and explosive hazardous wastes, except as s. NR 665.0001 provides otherwise.

NR 665.1200 Note Note: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (subch. DD), tanks (subch. J) or containers (subch. I). See s. NR 666.205 for storage of waste military munitions.

NR 665.1200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1201 NR 665.1201 Design and operating standards.

NR 665.1201(1) (1) Hazardous waste munitions and explosives storage units shall be designed and operated with containment systems, controls and monitoring, that do all of the following:

NR 665.1201(1)(a) (a) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products or contaminated run-off to the soil, groundwater, surface water and atmosphere.

NR 665.1201(1)(b) (b) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous waste.

NR 665.1201(1)(c) (c) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation.

NR 665.1201(1)(d) (d) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as overpacking, or removal from the waste area).

NR 665.1201(1)(e) (e) Provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit.

NR 665.1201(2) (2) Hazardous waste munitions and explosives stored under this subchapter may be stored in one of the following:

NR 665.1201(2)(a) (a) Earth-covered magazines. Earth-covered magazines shall be all of the following:

NR 665.1201(2)(a)1. 1. Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when not being accessed.

NR 665.1201(2)(a)2. 2. Designed and constructed to do all of the following:

NR 665.1201(2)(a)2.a. a. Be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit.

NR 665.1201(2)(a)2.b. b. Provide working space for personnel and equipment in the unit.

NR 665.1201(2)(a)2.c. c. Withstand movement activities that occur in the unit.

NR 665.1201(2)(a)3. 3. Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 665.1201(2)(b) (b) Above-ground magazines. Above-ground magazines shall be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 665.1201(2)(c) (c) Outdoor or open storage areas. Outdoor or open storage areas shall be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

NR 665.1201(3) (3) Hazardous waste munitions and explosives shall be stored in accordance with a standard operating procedure specifying procedures to ensure safety, security and environmental protection. If these procedures serve the same purpose as the security and inspection requirements of s. NR 665.0014, the preparedness and prevention procedures of subch. C and the contingency plan and emergency procedures requirements of subch. D, then these procedures shall be used to fulfill those requirements.

NR 665.1201(4) (4) Hazardous waste munitions and explosives shall be packaged to ensure safety in handling and storage.

NR 665.1201(5) (5) Hazardous waste munitions and explosives shall be inventoried at least annually.

NR 665.1201(6) (6) Hazardous waste munitions and explosives and their storage units shall be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.

NR 665.1201 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.1202 NR 665.1202 Closure and long-term care.

NR 665.1202(1) (1) At closure of a magazine or unit which stored hazardous waste under this subchapter, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for magazines or units shall meet all of the requirements specified in subchs. G and H, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.

NR 665.1202(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 665.1202 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.