NR 664.0193(7)(d)(d) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of par. (a), at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall do all of the following:

NR 664.0193(7)(d)2.2. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if groundwater has been contaminated, the owner or operator shall comply with the requirements of s. NR 664.0197 (2).

NR 664.0193(7)(d)3.3. If repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subs. (1) to (6) or reapply for a variance from secondary containment and meet the requirements for new tank systems in s. NR 664.0192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed and groundwater or surface water has not been contaminated.

NR 664.0193(8)(a)(a) The department shall be notified in writing by the owner or operator that the owner or operator intends to conduct and submit a demonstration for a variance from secondary containment as allowed in sub. (7) according to the following schedule:

NR 664.0193(8)(b)(b) As part of the notification, the owner or operator shall also submit to the department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in sub. (7) (a) or (b).

NR 664.0193(8)(c)(c) The demonstration for a variance shall be completed within 180 days after notifying the department of an intent to conduct the demonstration.

NR 664.0193(8)(d)(d) If a variance is granted under this subsection, the department will require the licensee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.

NR 664.0193(9)(a)(a) For non-enterable underground tanks, a leak test that meets the requirements of s. NR 664.0191 (2) (e) or other tank integrity method, as approved or required by the department, shall be conducted at least annually.

NR 664.0193(9)(b)(b) For other than non-enterable underground tanks, the owner or operator shall either conduct a leak test as in par. (a) or develop a schedule and procedure for an assessment of the overall condition of the tank system by a qualified professional engineer. The schedule and procedure shall be adequate to detect obvious cracks, leaks and corrosion or erosion that may lead to cracks and leaks. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments shall be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection and the characteristics of the waste being stored or treated.

NR 664.0193(9)(c)(c) For ancillary equipment, a leak test or other integrity assessment as approved by the department shall be conducted at least annually.

NR 664.0193 NoteNote: The practices described in the American Petroleum Institute (API) Publication Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks”, 4th edition, 1981, may be used, where applicable, as guidelines for assessing the overall condition of the tank system.

NR 664.0193(9)(d)(d) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with pars. (a) to (c).

NR 664.0193(9)(e)(e) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in pars. (a) to (c), the owner or operator shall comply with the requirements of s. NR 664.0196.

NR 664.0193 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. and recr. (1), am. (9) (b) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: cr. (5) (a) 5., am. (5) (b) 5. a., b., (6) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0194(1)(1) Hazardous wastes or treatment reagents may not be placed in a tank system if they could cause the tank, its ancillary equipment or the containment system to rupture, leak, corrode or otherwise fail.

NR 664.0194(2)(2) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum all of the following: