NR 664.1090(1)(1) Each owner or operator managing hazardous waste in a tank, surface impoundment or container exempted from using air emission controls under s. NR 664.1082 (3) shall report to the department each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions in s. NR 664.1082 (3) (a) or (b), as applicable. Examples of those occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination, or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions in s. NR 664.1082 (3) (b) 1. to 6. The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(2)(2) Each owner or operator using air emission controls on a tank according to s. NR 664.1084 (3) shall report to the department each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions in s. NR 664.1084 (2). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(3)(3) Each owner or operator using a control device according to s. NR 664.1087 shall submit a semiannual written report to the department except as provided for in sub. (4). The report shall describe each occurrence during the previous 6-month period when either a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in s. NR 664.1035 (3) (d), or a flare is operated with visible emissions for 5 minutes or longer in a 2-hour period, as defined in s. NR 664.1033 (4). The written report shall include the EPA identification number, facility name and address, an explanation why the control device could not be returned to compliance within 24 hours and actions taken to correct the noncompliance. An authorized representative of the owner or operator shall sign and date the report.

NR 664.1090(4)(a)(a) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in s. NR 664.1035 (3) (d).

NR 664.1090(4)(b)(b) No flare was operated with visible emissions for 5 minutes or longer in a 2-hour period, as defined in s. NR 664.1033 (4).

NR 664.1100NR 664.1100 Applicability. The requirements of this subchapter apply to owners or operators who store or treat hazardous waste in units designed and operated under s. NR 664.1101. The owner or operator is not subject to the definition of land disposal in s. NR 668.02 (3) provided that the unit complies with all of the following:

NR 664.1100(1)(1) The unit is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls.

NR 664.1100(3)(a)(a) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier.

NR 664.1100(3)(b)(b) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier.

NR 664.1100(3)(c)(c) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time.

NR 664.1101(1)(a)(a) The containment building shall be completely enclosed with a floor, walls and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed wastes.

NR 664.1101(1)(b)(b) The floor and containment walls of the unit, including the secondary containment system if required under sub. (2), shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, uplift, physical contact with the hazardous wastes to which they are exposed, climatic conditions and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The department will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this paragraph. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for lightweight doors and windows that meet both of the following criteria:

NR 664.1101(1)(c)(c) Incompatible hazardous wastes or treatment reagents may not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode or otherwise fail.

NR 664.1101(1)(d)(d) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

NR 664.1101(2)(2) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination or other appropriate means), the owner or operator shall include all of the following: