NR 665.0253 NoteNote: If collected leachate or run-off is discharged through a point source to waters of the state, it is subject to the requirements of ss. 283.31 and 283.33, Stats.

NR 665.0254NR 665.0254 Design and operating requirements. The owner or operator of each new waste pile on which construction commences after June 1, 1995, each lateral expansion of a waste pile unit on which construction commences after June 1, 1995 and each replacement of an existing waste pile unit that is to commence reuse after June 1, 1995 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 664.0251 (3), unless exempted under s. NR 664.0251 (4), (5) or (6), and shall comply with the procedures of s. NR 665.0221 (2). “Construction commences” is as defined in s. NR 660.10 under “existing facility”.

NR 665.0255(1)(1) The owner or operator of waste pile units subject to s. NR 665.0254 shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0254. 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 665.0255(2)(2) The department shall approve an action leakage rate for waste pile units subject to s. NR 665.0254. 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 665.0255(3)(3) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under s. NR 665.0260, 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.

NR 665.0256NR 665.0256 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a pile unless the waste and pile satisfy all applicable requirements of ch. NR 668, and either of the following:

NR 665.0256(1)(1) Addition of the waste to an existing pile results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023, and complies with s. NR 665.0017 (2).

NR 665.0256(2)(2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

NR 665.0257(1)(1) Incompatible wastes, or incompatible wastes and materials, (see ch. NR 665 Appendix V for examples) may not be placed in the same pile, unless s. NR 665.0017 (2) is complied with.

NR 665.0257(2)(2) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in other containers, piles, open tanks or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall or other device.

NR 665.0257 NoteNote: The purpose of this is to prevent fires, explosions, gaseous emissions, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the contact or mixing of incompatible wastes or materials.

NR 665.0257(3)(3) Hazardous waste may not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with s. NR 665.0017 (2).

NR 665.0258(1)(1) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003 (4) applies.

NR 665.0258(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 practicably removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 665.0310).

NR 665.0259(1)(1) The owner or operator of waste pile units subject to s. NR 665.0254 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 665.0259(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 665.0259(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.