NR 664.0118(4)(b)1.1. Changes in operating plans or facility design affect the approved long-term care plan.
NR 664.0118(4)(b)2.2. There is a change in the expected year of final closure, if applicable.
NR 664.0118(4)(b)3.3. Events which occur during the active life of the facility, including partial and final closures, affect the approved long-term care plan.
NR 664.0118(4)(b)4.4. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4).
NR 664.0118(4)(c)(c) The owner or operator shall submit a written request for an operating license modification 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 long-term care plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent long-term care plan under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department no later than 90 days after the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of s. NR 664.0310. The department will approve, disapprove or modify this plan in accordance with the procedures in ch. NR 670. In accordance with s. NR 670.032, the approved long-term care plan will become an operating license condition.
NR 664.0118(4)(d)(d) The department may request modifications to the plan under the conditions described in par. (b). The owner or operator shall submit the modified plan no later than 60 days after the department’s request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent long-term care plan. Any modifications requested by the department will be approved, disapproved or modified in accordance with the procedures in ch. NR 670.
NR 664.0118 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0119NR 664.0119Long-term care notices.
NR 664.0119(1)(1)No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner’s or operator’s knowledge and in accordance with any records the owner or operator has kept.
NR 664.0119(2)(2)Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following:
NR 664.0119(2)(a)(a) Record, in accordance with ch. 706, Stats., a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following:
NR 664.0119(2)(a)1.1. The land has been used to manage hazardous wastes.
NR 664.0119(2)(a)2.2. Its use is restricted under this subchapter.
NR 664.0119(2)(a)3.3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 664.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department.
NR 664.0119(2)(b)(b) Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in par. (a), including a copy of the document in which the notation has been placed, to the department.
NR 664.0119(3)(3)If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the long-term care license in accordance with the applicable requirements in ch. NR 670. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 664.0117 (3). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673. If the owner or operator is granted a license modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following:
NR 664.0119(3)(a)(a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search.
NR 664.0119(3)(b)(b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
NR 664.0119 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0120NR 664.0120Certification of completion of long-term care. No later than 60 days after completion of the established long-term care period for each hazardous waste disposal unit, the owner or operator shall submit to the department, by registered mail, a certification that the long-term care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved long-term care plan. The owner or operator and a qualified professional engineer shall sign the certification. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for long-term care under s. NR 664.0145 (11).
NR 664.0120 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. Register July 2017 No. 739, eff. 8-1-17.
subch. H of ch. NR 664Subchapter H — Financial Requirements
NR 664.0140NR 664.0140Applicability.
NR 664.0140(1)(1)The requirements of ss. NR 664.0142, 664.0143 and 664.0147 to 664.0151 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in s. NR 664.0001.
NR 664.0140(2)(2)The requirements of ss. NR 664.0144 and 664.0145 apply only to owners and operators of one or more of the following:
NR 664.0140(2)(a)(a) Disposal facilities.
NR 664.0140(2)(b)(b) 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 ss. NR 664.0228 and 664.0258.
NR 664.0140(2)(c)(c) Tank systems that are required under s. NR 664.0197 to meet the requirements for landfills.
NR 664.0140(2)(d)(d) Containment buildings that are required under s. NR 664.1102 to meet the requirements for landfills.