NR 665.0112(3)(a)3.3. In conducting partial or final closure activities, unexpected events require a modification of the closure plan. NR 665.0112(3)(b)(b) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with s. NR 665.0310. NR 665.0112(3)(c)(c) An owner or operator with an approved closure plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan no more than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with s. NR 665.0310. If the amendment to the plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (4) (d). NR 665.0112(3)(d)(d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved in accordance with the procedures in sub. (4) (d). NR 665.0112(4)(a)(a) The owner or operator shall notify the department in writing of the intent to close the facility at least 180 days prior to the partial or final closure of a hazardous waste facility. The owner or operator shall submit the closure plan to the department at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage or incinerator units. NR 665.0112(4)(b)(b) The date when the owner or operator “expects to begin closure” shall be either of the following: NR 665.0112(4)(b)1.1. Within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim license requirements, the department may approve an extension to this one-year limit. NR 665.0112(4)(b)2.2. For units meeting the requirements of s. NR 665.0113 (4), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of nonhazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional nonhazardous wastes, no later than one year after the date on which the unit received the most recent volume of nonhazardous wastes. If the owner or operator can demonstrate to the department that the hazardous waste management unit has the capacity to receive additional nonhazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements, the department may approve an extension to this one-year limit. NR 665.0112(4)(c)(c) The owner or operator shall submit its closure plan to the department no later than 15 days after either of the following: NR 665.0112(4)(c)1.1. Denial, suspension or revocation of an interim license except when an operating license is issued simultaneously with revocation of an interim license. NR 665.0112(4)(d)(d) The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department will approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved closure plan. The department shall assure that the approved plan is consistent with ss. NR 665.0111, 665.0113 to 665.0115 and this section and the applicable requirements of subch. F and ss. NR 665.0197, 665.0228, 665.0258, 665.0310, 665.0351, 665.0381, 665.0404 and 664.1102. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator. NR 665.0112(5)(5) Removal of wastes and decontamination or dismantling of equipment. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure. NR 665.0112 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (4) (c) 2. Register August 2020 No. 776, eff. 9-1-20. NR 665.0113NR 665.0113 Closure; time allowed for closure. NR 665.0113(1)(1) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the unit or facility or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The department may approve a longer period if the owner or operator demonstrates that the conditions in pars. (a) and (b) are met: NR 665.0113(1)(a)1.1. The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete. NR 665.0113(1)(a)2.a.a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subs. (4) and (5). NR 665.0113(1)(a)2.b.b. There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year. NR 665.0113(1)(a)2.c.c. Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site. NR 665.0113(1)(b)(b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements. NR 665.0113(2)(2) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The department may approve an extension to the closure period if the owner or operator demonstrates that the conditions in pars. (a) and (b) are met: