NR 664.0013(3) (3) For off-site facilities, the waste analysis plan required in sub. (2) shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe all of the following:

NR 664.0013(3)(a) (a) The procedures which will be used to determine the identity of each movement of waste managed at the facility.

NR 664.0013(3)(b) (b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

NR 664.0013 Note Note: Chapter NR 670 requires that the waste analysis plan be submitted with the feasibility and plan of operation report.

NR 664.0013(3)(c) (c) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

NR 664.0013 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.

NR 664.0014 NR 664.0014 Security.

NR 664.0014(1) (1) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the department all of the following:

NR 664.0014(1)(a) (a) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility.

NR 664.0014(1)(b) (b) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.

NR 664.0014 Note Note: Chapter NR 670 requires that an owner or operator who wishes to make the demonstration referred to in pars. (a) and (b) shall do so with the feasibility report or feasibility and plan of operation report.

NR 664.0014(2) (2) Unless the owner or operator has made a successful demonstration under sub. (1) (a) and (b), a facility shall have any of the following:

NR 664.0014(2)(a) (a) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility.

NR 664.0014(2)(b) (b) All of the following:

NR 664.0014(2)(b)1. 1. An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility.

NR 664.0014(2)(b)2. 2. A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance or controlled roadway access to the facility).

NR 664.0014 Note Note: The requirements of sub. (2) are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of par. (a) or (b).

NR 664.0014(3) (3) Unless the owner or operator has made a successful demonstration under sub. (1) (a) and (b), a sign with the legend, “Danger—Unauthorized Personnel Keep Out”, shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

NR 664.0014 Note Note: See s. NR 664.0117(2) for discussion of security requirements at disposal facilities during the long-term care period.

NR 664.0014 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0015 NR 664.0015 General inspection requirements.

NR 664.0015(1) (1) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

NR 664.0015(2) (2) 

NR 664.0015(2)(a) (a) The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.

NR 664.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.

NR 664.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).

NR 664.0015 Note Note: Chapter NR 670 requires the inspection schedule to be submitted with the feasibility and plan of operation report. The department shall evaluate the schedule along with the rest of the report to ensure that it adequately protects human health and the environment. As part of this review, the department may modify or amend the schedule as may be necessary.

NR 664.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 664.0174, 664.0193, 664.0195, 664.0226, 664.0254, 664.0303, 664.0347, 664.0602, 664.1033, 664.1052, 664.1053, 664.1058 and 664.1083 to 664.1089, where applicable.  Chapter NR 670 requires the inspection schedule to be submitted with part B of the license application. The department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the department may modify or amend the schedule as necessary.

NR 664.0015(3) (3) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.