Chapter NR 665

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) (b)

NR 665.0221(4)(b)1. 1. All of the following:

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.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 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 665.0221 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; CR 19-082: am. (4) (a) Register August 2020 No. 776, eff. 9-1-20.

NR 665.0222 NR 665.0222 Action leakage rate.

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

NR 665.0223 NR 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 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0224 NR 665.0224 Response actions.

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) (3) To make the leak and remediation determinations in sub. (2) (c), (d) and (e), the owner or operator shall comply with par. (a) or (b):

NR 665.0224(3)(a) (a) Do all of the following:

NR 665.0224(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

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(3)(b) (b) Document why the assessments are not needed.

NR 665.0224 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 665.0225 NR 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 Note Note: 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 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0226 NR 665.0226 Monitoring and inspection.

NR 665.0226(1) (1) The owner or operator shall inspect both of the following:

NR 665.0226(1)(a) (a) The freeboard level at least once each operating day to ensure compliance with s. NR 665.0222.

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) (2) 

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

NR 665.0228 NR 665.0228 Closure and long-term care.

NR 665.0228(1) (1) At closure, the owner or operator shall comply with either par. (a) or (b):

NR 665.0228(1)(a) (a) 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 665.0228(1)(b) (b) Close the impoundment and provide long-term care for a landfill under subch. G and s. NR 665.0310, including all of the following:

NR 665.0228(1)(b)1. 1. Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues.

NR 665.0228(1)(b)2. 2. Stabilize remaining wastes to a bearing capacity sufficient to support the final cover.

NR 665.0228(1)(b)3. 3. Cover the surface impoundment with a final cover designed and constructed to do all of the following:

NR 665.0228(1)(b)3.a. a. Provide long-term minimization of the migration of liquids through the closed impoundment.

NR 665.0228(1)(b)3.b. b. Function with minimum maintenance.

NR 665.0228(1)(b)3.c. c. Promote drainage and minimize erosion or abrasion of the cover.

NR 665.0228(1)(b)3.d. d. Accommodate settling and subsidence so that the cover’s integrity is maintained.

NR 665.0228(1)(b)3.e. e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

NR 665.0228(2) (2) In addition to the requirements of subch. G and s. NR 665.0310, during the long-term care period, the owner or operator of a surface impoundment in which wastes, waste residues or contaminated materials remain after closure in accordance with the provisions of sub. (1) (b), shall do all of the following:

NR 665.0228(2)(a) (a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events.

NR 665.0228(2)(b) (b) Maintain and monitor the leak detection system in accordance with ss. NR 664.0221 (3) (b) 4. and (c) and 665.0226 (2) and comply with all other applicable leak detection system requirements of this chapter.

NR 665.0228(2)(c) (c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F.

NR 665.0228(2)(d) (d) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

NR 665.0228 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, eff. 9-1-20.

NR 665.0229 NR 665.0229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of ch. NR 668, and sub. (1), (2) or (3):

NR 665.0229(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the impoundment so that both of the following apply:

NR 665.0229(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 665.0229(1)(b) (b) Section NR 665.0017 (2) is complied with.

NR 665.0229(2) (2) All of the following conditions are met:

NR 665.0229(2)(a) (a) 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 665.0229(2)(c) (c) The owner or operator obtains a certification from a qualified chemist or engineer that, to the best of that person’s knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction.

NR 665.0229(2)(d) (d) The certification and the basis for it are maintained at the facility.

NR 665.0229(3) (3) The surface impoundment is used solely for emergencies.

NR 665.0229 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, eff. 9-1-20.

NR 665.0230 NR 665.0230 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 665 Appendix V for examples) may not be placed in the same surface impoundment, unless s. NR 665.0017 (2) is complied with.

NR 665.0230 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 665.0231 NR 665.0231 Air emission standards. The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of subchs. BB and CC.

NR 665.0231 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. L of ch. NR 665 Subchapter L — Waste Piles

NR 665.0250 NR 665.0250 Applicability. This subchapter applies to owners and operators of facilities that treat or store hazardous waste in piles, except as s. NR 665.0001 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under subchapter N.

NR 665.0250 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0251 NR 665.0251 Protection from wind. The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind shall cover or otherwise manage the pile so that wind dispersal is controlled.

NR 665.0251 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.