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. NR 665.0443(2)(b)(b) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system shall comply with all of the following: NR 665.0443(2)(b)1.a.a. Chemically resistant to the waste managed in the drip pad and the leakage that might be generated. NR 665.0443(2)(b)1.b.b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad. NR 665.0443(2)(b)2.2. Be designed and operated to function without clogging through the scheduled closure of the drip pad. NR 665.0443(2)(b)3.3. Be designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time. NR 665.0443(2)(c)(c) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time and quantity of any leakage collected in this system and removed shall be documented in the operating log. NR 665.0443(3)(3) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the drip pad. NR 665.0443 NoteNote: See sub. (13) for remedial action required if deterioration or leakage is detected.
NR 665.0443(4)(4) The drip pad and associated collection system shall be designed and operated to convey, drain and collect liquid resulting from drippage or precipitation in order to prevent run-off. NR 665.0443(5)(5) Unless protected by a structure, as described in s. NR 665.0440 (2), the owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm unless the system has sufficient excess capacity to contain any run-on that might enter the system, or the drip pad is protected by a structure or cover, as described in s. NR 665.0440 (2). NR 665.0443(6)(6) Unless protected by a structure or cover, as described in s. NR 665.0440 (2), 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 665.0443(7)(7) The drip pad shall be evaluated to determine that it meets the requirements of subs. (1) to (6), and the owner or operator shall obtain a statement from a qualified professional engineer certifying that the drip pad design meets the requirements of this section. NR 665.0443(8)(8) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad. NR 665.0443(9)(9) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility’s operating log. NR 665.0443(10)(10) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment. NR 665.0443(11)(11) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement. NR 665.0443(12)(12) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system. NR 665.0443(13)(13) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with all of the following procedures: NR 665.0443(13)(a)(a) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator shall do all of the following: NR 665.0443(13)(a)2.2. Immediately remove the portion of the drip pad affected by the condition from service. NR 665.0443(13)(a)3.3. Determine what steps must be taken to repair the drip pad and remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs. NR 665.0443(13)(a)4.4. Immediately after discovery of the condition, notify the department of the condition and, within 10 working days, provide a written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work. NR 665.0443(13)(b)(b) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing. NR 665.0443(13)(c)(c) Upon completing all repairs and clean up, the owner or operator shall notify the department in writing and provide a certification, signed by an independent qualified, registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with par. (a) 4. NR 665.0443(14)(14) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices. NR 665.0443 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) (d) 2., (7) Register July 2017 No. 739, eff. 8-1-17. NR 665.0444(1)(1) During construction or installation, liners, and cover systems (for example, membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (for example, holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of s. NR 665.0443 by a qualified professional engineer. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners, and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters. NR 665.0444(2)(2) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following: NR 665.0444(2)(a)(a) Deterioration, malfunctions or improper operation of run-on and run-off control systems. NR 665.0444(2)(b)(b) The presence of leakage in and proper functioning of the leakage detection system. NR 665.0444 NoteNote: See s. NR 665.0443(13) for remedial action required if deterioration or leakage is detected. NR 665.0444 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 665.0445(1)(1) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (such as pads and liners), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste. NR 665.0445(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 practically removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with closure and long-term care requirements that apply to landfills (s. NR 665.0310). For licensed units, the requirement to have a license continues throughout the long-term care period. NR 665.0445(3)(a)1.1. Include in the closure plan for the drip pad under s. NR 665.0112 both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 665.0445(3)(a)2.2. Prepare a contingent long-term care plan under s. NR 665.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 665.0445(3)(b)(b) The cost estimates calculated under ss. NR 665.0112 and 665.0144 for closure and long-term care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1). NR 665.0445 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1030(1)(1) This subchapter applies to owners and operators of facilities that treat, store or dispose of hazardous wastes (except as provided in s. NR 665.0001). NR 665.1030(2)(2) Except for s. NR 665.1034 (4) and (5), this subchapter applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following: NR 665.1030(2)(b)(b) A unit (including a hazardous waste recycling unit) that is not exempt from licensing under s. NR 662.017 (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the licensing requirements of ch. NR 670. NR 665.1030(4)(4) This subchapter does not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this subchapter are equipped with and operating air emission controls according to the process vent requirements in 40 CFR part 60, 61 or 63, and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469. Keep the documentation of compliance under 40 CFR part 60, 61 or 63 and corresponding provisions of ch. NR 440, subch. III of ch. NR 446 and chs. NR 447 to 469 with, or make it readily available with, the facility operating record. NR 665.1030 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) (b), (c) Register August 2020 No. 776, eff. 9-1-20. NR 665.1031 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1032(1)(1) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations managing hazardous wastes with organic concentrations at least 10 ppmw shall do any of the following: NR 665.1032(1)(a)(a) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr). NR 665.1032(1)(b)(b) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent. NR 665.1032(2)(2) If the owner or operator installs a closed-vent system and control device to comply with sub. (1), the closed-vent system and control device shall meet s. NR 665.1033. NR 665.1032(3)(3) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with s. NR 665.1034 (3). NR 665.1032(4)(4) When an owner or operator and the department do not agree on determinations of vent emissions, emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, use the test methods in s. NR 665.1034 (3) to resolve the disagreement. NR 665.1032 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.1033NR 665.1033 Standards: closed-vent systems and control devices. NR 665.1033(1)(a)(a) Owners or operators of closed-vent systems and control devices used to comply with provisions of this chapter shall comply with this section. NR 665.1033(1)(b)1.1. The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with this subchapter on the effective date that the facility becomes subject to this subchapter shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this subchapter for installation and startup. NR 665.1033(1)(b)2.2. Any unit that begins operation after June 1, 1995, and is subject to this subchapter when operation begins, shall comply with the rules immediately (i.e., shall have control devices installed and operating on startup of the affected unit; the 30-month implementation schedule does not apply). NR 665.1033(1)(b)3.3. The owner or operator of any facility in existence on the effective date of a department rule amendment that renders the facility subject to this subchapter shall comply with this subchapter as soon as practicable but no later than 30 months after the amendment’s effective date. When control equipment required by this subchapter can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this subchapter. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility. NR 665.1033(1)(b)4.4. Owners and operators of facilities and units that become newly subject to this subchapter after August 1, 2006, due to an action other than those described in subd. 3. shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to this subchapter; the 30-month implementation schedule does not apply).
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