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. NR 665.0314(5)(5) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in par. (a); materials that pass one of the tests in par. (b) or materials that are determined by EPA to be nonbiodegradable through the 40 CFR part 260 petition process. NR 665.0314(5)(a)1.1. Inorganic minerals, other inorganic materials and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller’s earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides or hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal or activated carbon). NR 665.0314(5)(a)2.2. High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable. NR 665.0314(5)(b)(b) The sorbent material may be determined to be nonbiodegradable using any of the following tests: NR 665.0314(5)(b)1.1. ASTM Method G21-70 (1984a)—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference in s. NR 660.11. NR 665.0314(5)(b)2.2. ASTM Method G22-76 (1984b)—Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference in s. NR 660.11. NR 665.0314(6)(6) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of the landfill demonstrates to the department, or the department determines, that both of the following apply: NR 665.0314(6)(a)(a) The only reasonably available alternative to the placement in the landfill is placement in a landfill or unlined surface impoundment, whether or not operating under an operating license or interim license, which contains, or may reasonably be anticipated to contain, hazardous waste. NR 665.0314(6)(b)(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in 40 CFR 144.3). NR 665.0314 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (1), renum. (2) to (7) to (1) to (6) and, as renumbered, am. (1), (3), (6) (intro.) Register July 2017 No. 739, eff. 8-1-17; correction in (4) as renumbered, made under s. 13.97 (4) (b) 7., Stats., Register July 2017 No. 739. NR 665.0315NR 665.0315 Special requirements for containers. Unless they are very small, such as an ampule, containers shall be either of the following: NR 665.0315(1)(1) At least 90 percent full when placed in the landfill. NR 665.0315(2)(2) Crushed, shredded or similarly reduced in volume to the maximum practical extent before burial in the landfill. NR 665.0315 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0316NR 665.0316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if all of the following requirements are met: NR 665.0316(1)(1) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the U.S. department of transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179), if those regulations specify a particular inside container for the waste. NR 665.0316(2)(2) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (49 CFR parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with s. NR 665.0314 (5), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material. NR 665.0316(3)(3) The sorbent material used may not be capable of reacting dangerously with, being decomposed by or being ignited by the contents of the inside containers, in accordance with s. NR 665.0017 (2). NR 665.0316(4)(4) Incompatible wastes, as defined in s. NR 660.10, may not be placed in the same outside container. NR 665.0316(5)(5) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in s. NR 661.0023 (1) (e), shall be treated or rendered non-reactive prior to packaging in accordance with subs. (1) to (4). Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with subs. (1) to (4) without first being treated or rendered non-reactive. NR 665.0316(6)(6) The disposal is in compliance with the requirements of ch. NR 668. Persons who incinerate lab packs according to the requirements in s. NR 668.42 (3) (a) may use fiber drums in place of metal outer containers. The fiber drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in sub. (2). NR 665.0316 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2), (5) Register August 2020 No. 776, eff. 9-1-20. NR 665.0340(1)(1) This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10), except as s. NR 665.0001 provides otherwise.
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