NR 664.0077(2) (2) Facility closures specified in s. NR 664.0115.

NR 664.0077(3) (3) Other information as required by subchs. F, K to N, AA, BB and CC.

NR 664.0077 History History: 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 July 2017 No. 739, eff. 8-1-17.

subch. F of ch. NR 664 Subchapter F —Releases From Solid Waste Management Units

NR 664.0090 NR 664.0090 Applicability.

NR 664.0090 Note Note: Groundwater monitoring requirements in chs. NR 140 and 141 also apply.

NR 664.0090(1) (1) 

NR 664.0090(1)(a) (a) Except as provided in sub. (2), this subchapter applies to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in par. (b) for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in the units.

NR 664.0090(1)(b) (b) All solid waste management units shall comply with the requirements in s. NR 664.0101. A surface impoundment or waste pile unit or landfill that receives hazardous waste after July 26, 1982 (in this subchapter, referred to as a “regulated unit”) shall comply with the requirements of ss. NR 664.0091 to 664.0100 in lieu of s. NR 664.0101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of s. NR 664.0101 apply to regulated units.

NR 664.0090(2) (2) The owner or operator’s regulated unit or units are not regulated for releases into the uppermost aquifer under this subchapter if any of the following apply:

NR 664.0090(2)(a) (a) The owner or operator is exempted under s. NR 664.0001.

NR 664.0090(2)(b) (b) The owner or operator operates a unit which the department finds meets all of the following conditions:

NR 664.0090(2)(b)1. 1. Is an engineered structure.

NR 664.0090(2)(b)2. 2. Does not receive or contain liquid waste or waste containing free liquids.

NR 664.0090(2)(b)3. 3. Is designed and operated to exclude liquid, precipitation and other run-on and run-off.

NR 664.0090(2)(b)4. 4. Has both inner and outer layers of containment enclosing the waste.

NR 664.0090(2)(b)5. 5. Has a leak detection system built into each containment layer.

NR 664.0090(2)(b)6. 6. The owner or operator shall provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and long-term care periods.

NR 664.0090(2)(b)7. 7. To a reasonable degree of certainty, shall not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the long-term care period.

NR 664.0090(2)(d) (d) The department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the long-term care period specified under s. NR 664.0117. A qualified geologist or geotechnical engineer shall certify this demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration.

NR 664.0090(2)(e) (e) The owner or operator designs and operates a pile in compliance with s. NR 664.0250 (3).

NR 664.0090(3) (3) This subchapter applies during the active life of the regulated unit (including the closure period). After closure of the regulated unit, this subchapter:

NR 664.0090(3)(a) (a) Does not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure.

NR 664.0090(3)(b) (b) Applies during the long-term care period under s. NR 664.0117 if the owner or operator is conducting a detection monitoring program under s. NR 664.0098.

NR 664.0090(3)(c) (c) Applies during the compliance period under s. NR 664.0096 if the owner or operator is conducting a compliance monitoring program under s. NR 664.0099 or a corrective action program under s. NR 664.0100.

NR 664.0090(4) (4) This subchapter may apply to miscellaneous units when necessary to comply with ss. NR 664.0601 to 664.0603.

NR 664.0090(5) (5) This subchapter applies to all owners and operators subject to s. NR 670.001 (3) (g), when the department issues either a long-term care license or an enforceable document (as defined in s. NR 670.001 (3) (g)) at the facility. When the department issues an enforceable document, references in this subchapter to “in the license” mean “in the enforceable document”.

NR 664.0090(6) (6) The department may replace all or part of the requirements of ss. NR 664.0091 to 664.0100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the license (or in an enforceable document) (as defined in s. NR 670.001 (3) (g)) where the department determines that all of the following apply:

NR 664.0090(6)(a) (a) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release.