Chapter NR 665

NR 665.0257(3) (3) Hazardous waste may not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with s. NR 665.0017 (2).

NR 665.0257 History History: 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 665.0258 NR 665.0258 Closure and long-term care.

NR 665.0258(1) (1) At closure, 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.

NR 665.0258(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).

NR 665.0258 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.

NR 665.0259 NR 665.0259 Response actions.

NR 665.0259(1) (1) The owner or operator of waste pile units subject to s. NR 665.0254 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 665.0259(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 665.0259(2)(a) (a) Notify the department in writing of the exceedence within 7 days of the determination.

NR 665.0259(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 665.0259(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 665.0259(2)(d) (d) Determine whether waste receipts 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 665.0259(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 665.0259(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 665.0259(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 665.0259(3)(a) (a) Do all of the following:

NR 665.0259(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

NR 665.0259(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 665.0259(3)(a)3. 3. Assess the seriousness of any leaks in terms of potential for escaping into the environment.

NR 665.0259(3)(b) (b) Document why the assessments are not needed.

NR 665.0259 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 665.0260 NR 665.0260 Monitoring and inspection. An owner or operator required to have a leak detection system under s. NR 665.0254 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 665.0260 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. M of ch. NR 665 Subchapter M — Land Treatment

NR 665.0270 NR 665.0270 Applicability. Land treatment of any hazardous waste is prohibited. The Department may not grant a variance under s. 291.31, Stats., to allow land treatment of any hazardous waste, as identified or listed in ch. NR 661.

NR 665.0270 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. N of ch. NR 665 Subchapter N — Landfills

NR 665.0300 NR 665.0300 Applicability. This subchapter applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as s. NR 665.0001 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this subchapter.

NR 665.0300 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0301 NR 665.0301 Design and operating requirements.

NR 665.0301(1) (1) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of an existing landfill unit shall install 2 or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems in accordance with s. NR 664.0301 (3), unless exempted under s. NR 664.0301 (4), (5), or (6).

NR 665.0301(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 after the department receives the notice.

NR 665.0301(3) (3) The owner or operator of any replacement landfill unit is exempt from sub. (1) if both of the following apply:

NR 665.0301(3)(a) (a) The existing unit was constructed in compliance with the design standards of 42 USC 6924 (o) (1) (A) (i) and (5).

NR 665.0301(3)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 665.0301(4) (4) The double liner requirement in sub. (1) may be waived by the department for any monofill, if pars. (a) and (b) 1. or 2. apply:

NR 665.0301(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 665.0301(4)(b) (b)

NR 665.0301(4)(b)1. 1. All of the following conditions are met:

NR 665.0301(4)(b)1.a. a. The monofill has at least one liner for which there is no evidence that the liner is leaking.

NR 665.0301(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 665.0301(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 665.0301(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 665.0301(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 665.0301(6) (6) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

NR 665.0301(7) (7) 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 665.0301(8) (8) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

NR 665.0301(9) (9) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

NR 665.0301 Note Note: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0312, 665.0313 and 665.0314. As required by s. NR 665.0073, the owner or operator shall place the results of these analyses in the operating record of the facility.

NR 665.0301 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 665.0302 NR 665.0302 Action leakage rate.

NR 665.0302(1) (1) The owner or operator of landfill units subject to s. NR 665.0301 (1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0301 (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 665.0302(2) (2) The department shall approve an action leakage rate for landfill units subject to s. NR 665.0301 (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 665.0302(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 665.0304, 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 monthly during the long-term care period when monthly monitoring is required under s. NR 665.0304 (2).

NR 665.0302 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0303 NR 665.0303 Response actions.

NR 665.0303(1) (1) The owner or operator of landfill units subject to s. NR 665.0301 (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 665.0303(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 665.0303(2)(a) (a) Notify the department in writing of the exceedence within 7 days of the determination.

NR 665.0303(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 665.0303(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 665.0303(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 665.0303(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 665.0303(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 665.0303(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 665.0303(3)(a) (a) Do all of the following:

NR 665.0303(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

NR 665.0303(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 665.0303(3)(a)3. 3. Assess the seriousness of any leaks in terms of potential for escaping into the environment.

NR 665.0303(3)(b) (b) Document why the assessments are not needed.

NR 665.0303 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 665.0304 NR 665.0304 Monitoring and inspection.

NR 665.0304(1) (1) An owner or operator required to have a leak detection system under s. NR 665.0301 (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 665.0304(2) (2) 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 665.0304(3) (3) “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 665.0302 (1).

NR 665.0304 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0309 NR 665.0309 Surveying and recordkeeping. The owner or operator of a landfill shall maintain both of the following items in the operating record required in s. NR 665.0073:

NR 665.0309(1) (1) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks.

NR 665.0309(2) (2) The contents of each cell and the approximate location of each hazardous waste type within each cell.

NR 665.0309 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0310 NR 665.0310 Closure and long-term care.

NR 665.0310(1) (1) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to do all of the following:

NR 665.0310(1)(a) (a) Provide long-term minimization of migration of liquids through the closed landfill.

NR 665.0310(1)(b) (b) Function with minimum maintenance.

NR 665.0310(1)(c) (c) Promote drainage and minimize erosion or abrasion of the cover.

NR 665.0310(1)(d) (d) Accommodate settling and subsidence so that the cover’s integrity is maintained.

NR 665.0310(1)(e) (e) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

NR 665.0310(2) (2) After final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 665.0117 to 665.0120, including maintenance and monitoring throughout the long-term care period. The owner or operator shall do all of the following: