NR 665.0381 NoteNote: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that any solid waste removed from the thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 and 663 and this chapter. NR 665.0381 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0382NR 665.0382 Open burning; waste explosives. Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment. NR 665.0382 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0383NR 665.0383 Interim license thermal treatment devices burning particular hazardous waste. NR 665.0383(1)(1) Owners or operators of thermal treatment devices subject to this subchapter may burn EPA hazardous wastes F020, F021, F022, F023, F026 or F027 if they demonstrate they can meet the performance standards of subch. O of ch. NR 664 when they burn these wastes and receive approval from the department. NR 665.0383(2)(2) All of the following standards and procedures shall be used in determining whether to approve a thermal treatment unit: NR 665.0383(2)(a)(a) The owner or operator shall submit an application to the department containing the applicable information in ss. NR 670.019 and 670.062 demonstrating that the thermal treatment unit can meet the performance standard in subch. O of ch. NR 664 when it burns these wastes. NR 665.0383(2)(b)(b) The department shall issue a tentative decision as to whether the thermal treatment unit can meet the performance standards in subch. O of ch. NR 664. Notification of this tentative decision shall be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The department shall accept comment on the tentative decision for 60 days. The department also may hold a public hearing upon request or at its discretion. NR 665.0383(2)(c)(c) After the close of the public comment period, the department shall issue a decision whether or not to approve the thermal treatment unit. NR 665.0383 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0400NR 665.0400 Applicability. This subchapter applies to owners and operators of facilities which treat hazardous wastes by chemical, physical or biological methods in other than tanks and surface impoundments, except as s. NR 665.0001 provides otherwise. Chemical, physical and biological treatment of hazardous waste in tanks and surface impoundments shall be conducted according to subchs. J and K, respectively. NR 665.0400 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0401(2)(2) Hazardous wastes or treatment reagents may not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode or otherwise fail before the end of its intended life. NR 665.0401(3)(3) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment shall be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby containment device). NR 665.0401 NoteNote: These systems are intended to be used in the event of a malfunction in the treatment process or equipment.
NR 665.0401 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0402NR 665.0402 Waste analysis and trial tests. In addition to the waste analysis required by s. NR 665.0013, whenever a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or a substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste, the owner or operator shall do any of the following to show that this proposed treatment will meet all applicable requirements of s. NR 665.0401 (1) and (2), before treating the different waste or using the different process or equipment: NR 665.0402(1)(1) Conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests). NR 665.0402(2)(2) Obtain written, documented information on similar treatment of similar waste under similar operating conditions. NR 665.0402 NoteNote: Note: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0405 and 665.0406. 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 665.0402 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0403NR 665.0403 Inspections. The owner or operator of a treatment facility shall inspect all of the following, where present: NR 665.0403(1)(1) Discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems and pressure relief systems) at least once each operating day, to ensure that it is in good working order. NR 665.0403(2)(2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges), at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design. NR 665.0403(3)(3) The construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams. NR 665.0403(4)(4) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). NR 665.0403 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 665.0403 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0404NR 665.0404 Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from treatment processes or equipment, discharge control equipment and discharge confinement structures. NR 665.0404 NoteNote: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that any solid waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 and 663 and this chapter. NR 665.0404 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0405NR 665.0405 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a treatment process or equipment unless the requirements in sub. (1) or (2) are met: NR 665.0405(1)(1) The waste is treated, rendered or mixed before or immediately after placement in the treatment process or equipment so that both of the following conditions are met: NR 665.0405(2)(2) The waste is treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react. NR 665.0405 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 665.0406NR 665.0406 Special requirements for incompatible wastes. NR 665.0406(2)(2) Hazardous waste may not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless s. NR 665.0017 (2) is complied with. NR 665.0406 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 665.0430(1)(1) Except as provided in sub. (2), underground injection of any hazardous waste through a well is prohibited. NR 665.0430(2)(2) Underground injection of contaminated groundwater that meets the definition of hazardous waste or contains a hazardous waste may be allowed as part of a remedial action necessary for the cleanup of soil or groundwater contamination, and is not subject to the requirements of chs. NR 664 and 665 subchs. A to E, G, H and N, and chs. NR 668 and 670, provided that all of the following requirements are met: NR 665.0430(2)(a)(a) A person who proposes to perform the injection obtains written approval from the department. NR 665.0430(2)(d)(d) The groundwater is injected into the same formation from which it was withdrawn. NR 665.0430 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0440(1)(1) The requirements of this subchapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation or surface water run-off to an associated collection system. Existing drip pads are those constructed before June 1, 1995 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to June 1, 1995. All other drip pads are new drip pads. NR 665.0440(2)(2) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not regulated under s. NR 665.0443 (5) or (6), as appropriate. NR 665.0440(3)(3) The requirements of this subchapter are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of the infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the facility will do all of the following: NR 665.0440(3)(d)(d) Manage the contaminated media in a manner consistent with state rules. NR 665.0440 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 665.0441NR 665.0441 Assessment of existing drip pad integrity. NR 665.0441(1)(1) For each existing drip pad as defined in s. NR 665.0440, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this subchapter, except the requirements for liners and leak detection systems of s. NR 665.0443 (2). No later than August 1, 2017, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated and re-certified annually until all upgrades, repairs or modifications necessary to achieve compliance with all of the standards of s. NR 665.0443 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of s. NR 665.0443, except the standards for liners and leak detection systems, specified in s. NR 665.0443 (2). NR 665.0441(2)(2) The owner or operator shall develop a written plan for upgrading, repairing and modifying the drip pad to meet the requirements of s. NR 665.0443 (2), and submit the plan to the department no later than 2 years before the date that all repairs, upgrades and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of s. NR 665.0443. The plan shall be reviewed and certified by a qualified professional engineer. NR 665.0441(3)(3) Upon completion of all upgrades, repairs and modifications, the owner or operator shall submit to the department, the as-built drawings for the drip pad together with a certification by a qualified professional engineer attesting that the drip pad conforms to the drawings. NR 665.0441(4)(4) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of s. NR 665.0443 (13) or close the drip pad in accordance with s. NR 665.0445. NR 665.0441 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) to (3) Register July 2017 No. 739, eff. 8-1-17. NR 665.0442NR 665.0442 Design and installation of new drip pads. Owners and operators of new drip pads shall ensure that the pads are designed, installed and operated in accordance with one of the following: NR 665.0442 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0443NR 665.0443 Design and operating requirements. NR 665.0443(1)(a)(a) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt. NR 665.0443(1)(b)(b) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system. NR 665.0443(1)(d)1.1. Have a hydraulic conductivity of less than or equal to 1´10-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated or covered with a surface material with a hydraulic conductivity of less than or equal to 1´10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing the drippage and mixtures of drippage and precipitation, materials or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with s. NR 665.0442 (2) instead of s. NR 665.0442 (1). NR 665.0443(1)(d)2.2. The owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment shall be reviewed, updated, and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for sub. (2). NR 665.0443(1)(e)(e) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation and the stress of daily operations, including variable and moving loads such as vehicle traffic or movement of wood. NR 665.0443 NoteNote: The department will generally consider applicable standards established by professional organizations generally recognized by industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirement of par. (e).
NR 665.0443(2)(a)(a) A synthetic liner installed below the drip pad that is designed, constructed and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall comply with all of the following: NR 665.0443(2)(a)1.1. Be constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation (including stresses from vehicular traffic on the drip pad). NR 665.0443(2)(a)2.2. Be placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift. NR 665.0443(2)(a)3.3. Be installed to cover all surrounding earth that could come in contact with the waste or leakage.
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Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
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