NR 664.0196 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0197(1)(1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H.

NR 664.0197(2)(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 664.0197(3)(3) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of s. NR 664.0193 (2) to (6) and has not been granted a variance from the secondary containment requirements in accordance with s. NR 664.0193 (7), then:

NR 664.0197(3)(a)(a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2).

NR 664.0197(3)(b)(b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report.

NR 664.0197(3)(c)(c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).

NR 664.0197(3)(e)(e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H.

NR 664.0197 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; correction in (1) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 664.0198(1)(1) Ignitable or reactive waste may not be placed in tank systems, unless par. (a), (b) or (c) applies:

NR 664.0198(1)(a)(a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply:

NR 664.0198(1)(a)1.1. The resulting waste, mixture or dissolved material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 664.0198(1)(b)(b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.

NR 664.0198(2)(2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11.

NR 664.0198 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No 776, eff. 9-1-20.

NR 664.0199(1)(1) Incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples), may not be placed in the same tank system, unless s. NR 664.0017 (2) is complied with.

NR 664.0199(2)(2) Hazardous waste may not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless s. NR 664.0017 (2) is complied with.

NR 664.0199 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 664.0200NR 664.0200 Air emission standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subchs. AA, BB and CC.

NR 664.0220NR 664.0220 Applicability. This subchapter applies to owners and operators of facilities that use surface impoundments to treat, store or dispose of hazardous waste except as s. NR 664.0001 provides otherwise.