NR 665.0270NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0300NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0301NR 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)(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)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.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 NoteNote: 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 665.0302(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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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)(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 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 665.0304(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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0309NR 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 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. 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)(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: NR 665.0310(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 665.0310(2)(c)(c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F. NR 665.0310(2)(d)(d) Prevent run-on and run-off from eroding or otherwise damaging the final cover. NR 665.0310 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0312NR 665.0312 Special requirements for ignitable or reactive waste. NR 665.0312(1)(1) Except as provided in sub. (2) and s. NR 665.0316, ignitable or reactive waste may not be placed in a landfill, unless the waste and landfill meets all applicable requirements of ch. NR 668 and both of the following: NR 665.0312(2)(2) Except for prohibited wastes which remain subject to treatment standards in subch. D of ch. NR 668, ignitable wastes in containers may be landfilled without meeting the requirements of sub. (1), provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes and may not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste. NR 665.0312 HistoryHistory: 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 665.0313NR 665.0313 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 landfill cell, unless s. NR 665.0017 (2) is complied with. NR 665.0313 HistoryHistory: 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 665.0314NR 665.0314 Special requirements for bulk and containerized liquids. NR 665.0314(1)(1) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. NR 665.0314(2)(a)(a) All free-standing liquid is handled in one of the following ways: NR 665.0314(2)(a)2.2. It has been mixed with sorbent or solidified so that free-standing liquid is no longer observed. NR 665.0314(2)(c)(c) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor. NR 665.0314(3)(3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.
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