NR 665.0197(2)(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system 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, such a tank system 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 665.0197(3)(3) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of s. NR 665.0193 (2) to (6) and which is not exempt from the secondary containment requirements in accordance with s. NR 665.0193 (7), then: NR 665.0197(3)(a)(a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2). NR 665.0197(3)(b)(b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report. NR 665.0197(3)(c)(c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1). NR 665.0197(3)(e)(e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H. NR 665.0197 HistoryHistory: 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 665.0198NR 665.0198 Special requirements for ignitable or reactive wastes. NR 665.0198(1)(1) Ignitable or reactive waste may not be placed in a tank system, unless par. (a), (b) or (c) applies: NR 665.0198(1)(a)(a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply: NR 665.0198(1)(b)(b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react. NR 665.0198(2)(2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in tanks shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11. NR 665.0198 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No. 776, eff. 9-1-20. NR 665.0199NR 665.0199 Special requirements for incompatible wastes. NR 665.0199(2)(2) Hazardous waste may not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless s. NR 665.0017 (2) is complied with. NR 665.0199 HistoryHistory: 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 665.0200NR 665.0200 Waste analysis and trial tests. In addition to performing the waste analysis required by s. NR 665.0013, the owner or operator shall do any of the following, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system: NR 665.0200(1)(1) Conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests). NR 665.0200(2)(2) Obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of s. NR 665.0194 (1). NR 665.0200 NoteNote: Section NR 665.0013 requires the waste analysis plan to include analyses needed to comply with ss. NR 665.0198 and 665.0199. Section NR 665.0073 requires the owner or operator to place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility. NR 665.0200 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0202NR 665.0202 Air emission standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subchs. AA, BB and CC. NR 665.0202 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0220NR 665.0220 Applicability. This subchapter applies to owners and operators of facilities that use surface impoundments to treat, store or dispose of hazardous waste, except as s. NR 665.0001 provides otherwise. NR 665.0220 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0221NR 665.0221 Design and operating requirements. NR 665.0221(1)(1) The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment unit, and each replacement of an existing surface impoundment unit shall install 2 or more liners and a leachate collection and removal system between the liners, and operate the leachate collection and removal system in accordance with s. NR 664.0221 (3), unless exempted under s. NR 664.0221 (4), (5), or (6). NR 665.0221(2)(2) The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months of the receipt of the notice. NR 665.0221(3)(3) The owner or operator of any replacement surface impoundment unit is exempt from sub. (1) if both of the following apply: NR 665.0221(3)(b)(b) There is no reason to believe that the liner is not functioning as designed. NR 665.0221(4)(4) The double liner requirement in sub. (1) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met: NR 665.0221(4)(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 665.0221(4)(b)1.a.a. The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this subsection the term “liner” means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of sub. (1) on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of the impoundment shall comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action. NR 665.0221(4)(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 665.0221(4)(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 665.0221(5)(5) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of sub. (1) and in good faith compliance with sub. (1) and with guidance documents governing liners and leachate collection systems under sub. (1), no liner or leachate collection system which is different from that which was so installed pursuant to sub. (1) will be required for the unit by the department when issuing the first operating license to the facility, except that the department will not be precluded from requiring installation of a new liner when the department has reason to believe that any liner installed pursuant to the requirements of sub. (1) is leaking. NR 665.0221(6)(6) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action or a storm. Except as provided in sub. (7), there shall be at least 60 centimeters (2 feet) of freeboard. NR 665.0221(7)(7) A freeboard level less than 60 centimeters (2 feet) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of that person’s knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility. NR 665.0221(8)(8) Surface impoundments that are newly subject to 42 USC 6925 (j) (1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subs. (1), (3) and (4) not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period may not be cut short as the result of the promulgation of land disposal prohibitions under ch. NR 668 or the granting of an extension to the effective date of a prohibition pursuant to s. NR 668.05, within this 48-month period. NR 665.0222(1)(1) The owner or operator of surface impoundment units subject to s. NR 665.0221 (1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0221 (2). Within 60 days of receipt of the notification, the department shall establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section, or extend the review period for up to 30 days. If no action is taken by the department before the original 60 or extended 90 day review periods, the action leakage rate shall be approved as proposed by the owner or operator. NR 665.0222(2)(2) The department shall approve an action leakage rate for surface impoundment units subject to s. NR 665.0221 (1). 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 665.0222(3)(3) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 665.0226 (2), 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, and if the unit closes in accordance with s. NR 665.0228 (1) (b), monthly during the long-term care period when monthly monitoring is required under s. NR 665.0226 (2). NR 665.0222 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0223NR 665.0223 Containment system. All earthen dikes shall have a protective cover, such as grass, shale or rock, to minimize wind and water erosion and to preserve their structural integrity. NR 665.0223 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0224(1)(1) The owner or operator of surface impoundment units subject to s. NR 665.0221 (1) shall develop and keep on site until closure of the facility a response action plan. 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 665.0224(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 665.0224(2)(a)(a) Notify the department in writing of the exceedence within 7 days of the determination. NR 665.0224(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 665.0224(2)(c)(c) Determine to the extent practicable the location, size and cause of any leak. NR 665.0224(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. NR 665.0224(2)(e)(e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks. NR 665.0224(2)(f)(f) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in pars. (c), (d) and (e), the results of actions taken and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the department a report summarizing the results of any remedial actions taken and actions planned. NR 665.0224(3)(a)2.2. Conduct a fingerprint, hazardous constituent or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid. NR 665.0224(3)(a)3.3. Assess the seriousness of any leaks in terms of potential for escaping into the environment. NR 665.0224 HistoryHistory: 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 665.0225NR 665.0225 Waste analysis and trial tests. In addition to the waste analyses required by s. NR 665.0013, whenever a surface impoundment is to be used to chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment or chemically treat hazardous waste with a substantially different process than any previously used in that impoundment, before treating the different waste or using the different process the owner or operator shall do either of the following: NR 665.0225(1)(1) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests). NR 665.0225(2)(2) Obtain written, documented information on similar treatment of similar waste under similar operating conditions to show that this treatment will comply with s. NR 665.0017 (2). NR 665.0225 NoteNote: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0229 and 665.0230. As required by s. NR 665.0073, the owner or operator shall place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility. NR 665.0225 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0226(1)(1) The owner or operator shall inspect both of the following: NR 665.0226(1)(b)(b) The surface impoundment, including dikes and vegetation surrounding the dike, at least once a week to detect any leaks, deterioration or failures in the impoundment. NR 665.0226(2)(a)(a) An owner or operator required to have a leak detection system under s. NR 665.0221 (1) 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 665.0226(2)(b)(b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the long-term care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months. NR 665.0226(2)(c)(c) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed “pump operating level” will be in accordance with s. NR 665.0222 (1). NR 665.0226 NoteNote: As required by s. NR 665.0015(3), the owner or operator shall remedy any deterioration or malfunction the owner or operator finds. NR 665.0226 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
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