NR 664.0100(5)(d)(d) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under s. NR 664.0093 is reduced to levels below their respective concentration limits under s. NR 664.0094.

NR 664.0100(6)(6) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the groundwater monitoring program under sub. (4), that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years.

NR 664.0100(7)(7) The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports annually.

NR 664.0100(8)(8) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.

NR 664.0101(1)(1) The owner or operator of a facility seeking a license for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.

NR 664.0101(2)(2) Corrective action shall be specified in the license in accordance with this section and subch. S. The license shall contain schedules of compliance for the corrective action, where the corrective action cannot be completed prior to issuance of the license, and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats.

NR 664.0101(3)(3) The owner or operator shall implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake the actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis. Assurances of financial responsibility for the corrective action shall be provided.

NR 664.0101(4)(4) The requirements of this section do not apply to remediation waste management sites unless they are part of a facility subject to a license for treating, storing or disposing of hazardous wastes that are not remediation wastes.

NR 664.0101 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) Register August 2020 No 776, eff. 9-1-20; correction in (2) made under s. 35.17, Stats., Register August 2020 No. 776.

NR 664.0110(1)(1) Sections NR 664.0111 to 664.0115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities.

NR 664.0110(2)(2) Sections NR 664.0116 to 664.0120 (which concern long-term care) apply to the owners and operators of all of the following:

NR 664.0110(2)(b)(b) Waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to the facilities in s. NR 664.0228 or 664.0258.

NR 664.0110(3)(3) The department may replace all or part of the requirements of this subchapter (and the unit-specific standards referenced in s. NR 664.0111 (3) applying to a regulated unit), with alternative requirements set out in an operating license or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department determines that both of the following conditions are met:

NR 664.0110(3)(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.

NR 664.0110(3)(b)(b) It is not necessary to apply the closure requirements of this subchapter (and those referenced in this subchapter) because the alternative requirements will protect human health and the environment and will satisfy the closure performance standard of s. NR 664.0111 (1) and (2).

NR 664.0111(1)(1) Minimizes the need for further maintenance.

NR 664.0111(2)(2) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off or hazardous waste decomposition products to the ground or surface waters or to the atmosphere.

NR 664.0111(3)(3) Complies with the closure requirements of this subchapter, including, but not limited to, the requirements of ss. NR 664.0178, 664.0197, 664.0228, 664.0258, 664.0310, 664.0351, 664.0601 to 664.0603 and 664.1102.

NR 664.0111(4)(4) Meets, in the case of a landfill or surface impoundment, applicable requirements in ch. NR 140 and applicable soil cleanup standards in ch. NR 720 or meets the applicable closure requirements of sub. (2) or (3), whichever are more stringent.