NR 667.0090NR 667.0090 Who shall comply with this section? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2), or unless your facility already has a license that imposes requirements for corrective action under s. NR 664.0101. NR 667.0090 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0101NR 667.0101 What shall I do to address corrective action for solid waste management units? NR 667.0101(1)(1) You shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit. NR 667.0101(2)(2) The department shall specify corrective action in the supplemental portion of your standardized license in accordance with this section and subch. S of ch. NR 664. The department shall include in the supplemental portion of your standardized license schedules of compliance for corrective action (where corrective action cannot be completed prior to issuance of the license) and assurances of financial responsibility for completing corrective action. NR 667.0101(3)(3) You shall implement corrective action beyond the facility property boundary, where necessary to protect human health and the environment, unless you demonstrate to the satisfaction of the department that, despite your best efforts, you were unable to obtain the necessary permission to undertake such actions. You are not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. You shall provide assurances of financial responsibility for corrective action. NR 667.0101(4)(4) You are not required to comply with this section if you are the owner or operator of a remediation waste site unless your site is part of a facility that is subject to a license for treating, storing, or disposing of hazardous wastes that are not remediation wastes. NR 667.0101 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (2) made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0110NR 667.0110 Does this subchapter apply to me? This subchapter applies to you if you own or operate a facility that treats or stores hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2). NR 667.0110 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0111NR 667.0111 What general standards shall I meet when I stop operating the unit? NR 667.0111(2)(2) Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere. NR 667.0111(3)(3) Meets the closure requirements of this subchapter and the requirements of ss. NR 667.0176, 667.0201, and 667.1108. If you determine that, when applicable, the closure requirements of ss. NR 667.0201 (tanks), or 667.1108 (containment buildings) cannot be met, then you shall close the unit according to the requirements that apply to landfills (s. NR 664.0310). In addition, for the purposes of postclosure care and financial responsibility, the tank system or containment building is then considered to be a landfill and you shall apply for a long-term care license according to ch. NR 670. NR 667.0111 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0112(1)(1) To close a facility, follow your department-approved closure plan and follow notification requirements. NR 667.0112(1)(a)(a) Submit your closure plan at the time you submit your notice of intent to operate under a standardized license. Final issuance of the standardized license constitutes approval of the closure plan and the plan becomes a condition of the standardized license. NR 667.0112(2)(2) Satisfy the requirements for content of closure plan. The closure plan shall identify steps necessary to perform partial and final closure of the facility. The closure plan shall include, at least: NR 667.0112(2)(a)(a) A description of how each hazardous waste management unit at the facility subject to this subchapter will be closed according to s. NR 667.0111. NR 667.0112(2)(b)(b) A description of how final closure of the facility will be conducted according to s. NR 667.0111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility. NR 667.0112(2)(c)(c) An estimate of the maximum inventory of hazardous wastes ever on site during the active life of the facility and a detailed description of the methods you shall use during partial and final closure, such as methods for removing, transporting, treating, storing, or disposing of all hazardous wastes and identification of the types of off-site hazardous waste management units to be used, if applicable. NR 667.0112(2)(d)(d) A detailed description of the steps necessary to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial or final closure. These steps may include procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standards. NR 667.0112(2)(e)(e) A detailed description of other activities necessary during the closure period to ensure that partial or final closure satisfies the closure performance standards. NR 667.0112(2)(f)(f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities that allow tracking of progress of partial or final closure. NR 667.0112(2)(g)(g) For facilities that use trust funds to establish financial assurance under s. NR 667.0143 and that are expected to close prior to the expiration of the license, an estimate of the expected year of final closure. NR 667.0112(3)(3) You may submit a written notification to the department for a license modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility, following the applicable procedures in s. NR 670.320. NR 667.0112(3)(a)(a) Events leading to a change in the closure plan, and therefore requiring a modification, may include: NR 667.0112(3)(a)3.3. In conducting partial or final closure activities, an unexpected event requiring a modification of the approved closure plan. NR 667.0112(3)(b)(b) The written notification or request shall include a copy of the amended closure plan for review or approval by the department. The department shall approve, disapprove, or modify the amended plan according to the procedures in s. NR 670.320. NR 667.0112(4)(a)(a) Notify the department in writing at least 45 days before the date that you expect to begin final closure of a treatment or storage tank, container storage area, or containment building. NR 667.0112(4)(b)(b) The date when you expect to begin closure shall be no later than 30 days after the date that any hazardous waste management unit receives the known final volume of hazardous wastes. NR 667.0112(4)(c)(c) If your facility’s license is terminated, or if you are otherwise ordered, by the department, or required by judicial decree or final order under 42 USC 6928 to cease receiving hazardous wastes or to close then the requirements of this subsection do not apply. However, you shall close the facility following the deadlines established in s. NR 667.0115 unless earlier deadlines are set in a department order, judicial decree, or final order under 42 USC 6928. NR 667.0112 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0113NR 667.0113 Will the public have the opportunity to comment on the plan? The department shall provide the owner or operator and the public, when the draft standardized license is public noticed, the opportunity to submit written comments on the plan and to the draft license as allowed by s. NR 670.508. The department shall also, in response to a request or at the owner or operator’s own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the closure plan and the license. NR 667.0113(2)(2) The department shall give public notice of the hearing 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments and the two notices may be combined. NR 667.0113 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0115NR 667.0115 After I stop operating, how long until I shall close? NR 667.0115(1)(1) Within 90 days after the final volume of hazardous waste is sent to a unit, treat or remove from the unit all hazardous wastes following the approved closure plan. NR 667.0115(2)(2) You shall complete final closure activities according to the approved closure plan within 180 days after the final volume of hazardous wastes is sent to the unit. The department may approve an extension of 180 days to the closure period if you comply with all applicable requirements for requesting a modification to the license and demonstrate that: NR 667.0115(2)(a)(a) The final closure activities will take longer than 180 days to complete due to circumstances beyond your control, excluding ground water contamination. NR 667.0115(2)(b)(b) You have taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating hazardous waste management unit or facility, including compliance with all applicable license requirements. NR 667.0115(2)(c)(c) The demonstration shall be made at least 30 days prior to the expiration of the initial 180-day period. NR 667.0115(3)(3) Nothing in this subsection precludes you from removing hazardous wastes and decontaminating or dismantling equipment according to the approved final closure plan at any time before or after notification of final closure. NR 667.0115 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0116NR 667.0116 What shall I do with contaminated equipment, structure and soils? You shall properly dispose of or decontaminate all contaminated equipment, structures, and soils during the partial and final closure periods. By removing any hazardous wastes or hazardous constituents during partial and final closure, you may become a generator of hazardous waste and shall handle that waste following all applicable requirements of ch. NR 662. NR 667.0116 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17. NR 667.0117NR 667.0117 How do I certify closure? Within 60 days of the completion of final closure of each unit under a subch. J of ch. NR 670 standardized license, you shall submit to the department, by registered mail, a certification that each hazardous waste management unit or facility, as applicable, has been closed following the specifications in the closure plan. Both you and a qualified professional engineer shall sign the certification. You shall furnish documentation supporting the independent registered professional engineer’s certification to the department upon request until the department releases you from the financial assurance requirements for closure under s. NR 667.0143 (9). NR 667.0117 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0140NR 667.0140 Who must comply with this subchapter, and briefly, what do they have to do? NR 667.0140(3)(3) The owner or operator shall notify the department if the owner or operator is named as a debtor in a bankruptcy proceeding under Title 11 of the United States Code (See also s. NR 667.0148). NR 667.0140(4)(4) States and the federal government are exempt from the requirements of this subchapter. NR 667.0140 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739. NR 667.0141NR 667.0141 Definitions of terms used in this subchapter. When used in this subchapter, the following terms have the following meanings: NR 667.0141(4)(4) “Parent corporation” means a corporation that directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator. The latter corporation is deemed a subsidiary of the parent corporation. NR 667.0141(6)(6) The following terms are used in the specifications for the financial tests for closure and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices: NR 667.0141(6)(a)(a) “Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity. NR 667.0141(6)(b)(b) “Current plugging and abandonment cost estimate” means the most recent of the estimates prepared according to ch. NR 815. NR 667.0141(6)(c)(c) “Independently audited” refers to an audit performed by an independent certified public accountant according to generally accepted auditing standards. NR 667.0141(6)(d)(d) “Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events. NR 667.0141(6)(e)(e) “Tangible net worth” means the tangible assets that remain after deducting liabilities. Tangible assets would not include intangibles such as goodwill and rights to patents or royalties. NR 667.0141(7)(7) In the liability insurance requirements, the terms “bodily injury” and “property damage” shall have the meanings given these terms under state law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The following definitions of several of the terms are intended to assist in the understanding of these rules and are not intended to limit their meanings in a way that conflicts with general insurance industry usage: NR 667.0141(7)(a)(a) “Accidental occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured. NR 667.0141(7)(b)(b) “Legal defense costs” means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy. NR 667.0141(7)(c)(c) “Sudden accidental occurrence” means an occurrence which is not continuous or repeated in nature. NR 667.0141(8)(8) “Substantial business relationship” means the extent of a business relationship necessary under applicable state statute to make a guarantee contract issued incident to that relationship valid and enforceable. A substantial business relationship shall arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the department. NR 667.0141 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction NR 667.0142(1)(a)(a) The estimate shall equal the cost of final closure at the point in the facility’s active life when the extent and manner of its operation would make closure the most expensive, as indicated by the closure plan (see s. NR 667.0112 (2)). NR 667.0142(1)(b)(b) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in s. NR 667.0141 (4).) NR 667.0142(1)(c)(c) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes or non-hazardous wastes, facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure. NR 667.0142(1)(d)(d) The owner or operator may not incorporate a zero cost for hazardous wastes or non-hazardous wastes that might have economic value. NR 667.0142(2)(2) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instruments used to comply with s. NR 667.0143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate shall be updated for inflation within 30 days after the close of the firm’s fiscal year and before submission of updated information to the department as specified in s. NR 667.0143 (6) (b) 3. The adjustment may be made by recalculating the maximum costs of closure in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross Domestic Product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year. NR 667.0142(2)(a)(a) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate. NR 667.0142(2)(b)(b) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
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