NR 665.0196(4)(a)(a) Any release to the environment, except as provided in par. (b), shall be reported to the department within 24 hours of detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement.

NR 665.0196(4)(b)(b) A leak or spill of hazardous waste that is exempted from the requirements of this subsection if it is all of the following:

NR 665.0196(4)(c)(c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department:

NR 665.0196(4)(c)3.3. Results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.

NR 665.0196(5)(a)(a) Unless the owner or operator satisfies the requirements of pars. (b) to (d), the tank system shall be closed in accordance with s. NR 665.0197.

NR 665.0196(5)(b)(b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.

NR 665.0196(5)(c)(c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.

NR 665.0196(5)(d)(d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 665.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 665.0192 and 665.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 665.0193 prior to being returned to use.

NR 665.0196(6)(6) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011 (4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility.

NR 665.0196 NoteNote: The department or EPA regional administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924 (v), 6928 (h), or 6973 (a), requiring corrective action or other response as deemed necessary to protect human health or the environment.

NR 665.0196 NoteNote: See s. NR 665.0015 (3) for the requirements necessary to remedy a failure. Also, if a hazardous substance is released to the environment, 40 CFR part 302 may require the owner or operator to notify the national response center and s. 292.11, Stats., and ch. NR 706 may require the owner or operator to notify the department.

NR 665.0197(1)(1) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.0003 (4) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H.

NR 665.0197(2)(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1), then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills ( s. NR 665.0310). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H.

NR 665.0197(3)(3) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of s. NR 665.0193 (2) to (6) and which is not exempt from the secondary containment requirements in accordance with s. NR 665.0193 (7), then:

NR 665.0197(3)(a)(a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2).

NR 665.0197(3)(b)(b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report.

NR 665.0197(3)(c)(c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).