NR 665.0198(2) (2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in tanks shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys or an adjoining property line that can be built upon as required in Tables 2-1 to 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981), incorporated by reference in s. NR 660.11.

NR 665.0198 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) 1. Register August 2020 No. 776, eff. 9-1-20.

NR 665.0199 NR 665.0199 Special requirements for incompatible wastes.

NR 665.0199(1) (1) Incompatible wastes, or incompatible waste and materials (see ch. NR 665 Appendix V for examples), may not be placed in the same tank system, unless s. NR 665.0017 (2) is complied with.

NR 665.0199(2) (2) Hazardous waste may not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless s. NR 665.0017 (2) is complied with.

NR 665.0199 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 March 2013 No. 687.

NR 665.0200 NR 665.0200 Waste analysis and trial tests. In addition to performing the waste analysis required by s. NR 665.0013, the owner or operator shall do any of the following, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or treat chemically a hazardous waste with a substantially different process than any previously used in that tank system:

NR 665.0200(1) (1) Conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests).

NR 665.0200(2) (2) Obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of s. NR 665.0194 (1).

NR 665.0200 Note Note: Section NR 665.0013 requires the waste analysis plan to include analyses needed to comply with ss. NR 665.0198 and 665.0199. Section NR 665.0073 requires the owner or operator to place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.

NR 665.0200 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0202 NR 665.0202 Air emission standards. The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of subchs. AA, BB and CC.

NR 665.0202 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. K of ch. NR 665 Subchapter K — Surface Impoundments

NR 665.0220 NR 665.0220 Applicability. This subchapter applies to owners and operators of facilities that use surface impoundments to treat, store or dispose of hazardous waste, except as s. NR 665.0001 provides otherwise.

NR 665.0220 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0221 NR 665.0221 Design and operating requirements.

NR 665.0221(1) (1) The owner or operator of each new surface impoundment unit, each lateral expansion of a surface impoundment unit, and each replacement of an existing surface impoundment unit shall install 2 or more liners and a leachate collection and removal system between the liners, and operate the leachate collection and removal system in accordance with s. NR 664.0221 (3), unless exempted under s. NR 664.0221 (4), (5), or (6).

NR 665.0221(2) (2) The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months of the receipt of the notice.

NR 665.0221(3) (3) The owner or operator of any replacement surface impoundment unit is exempt from sub. (1) if both of the following apply:

NR 665.0221(3)(a) (a) The existing unit was constructed in compliance with the design standards of 42 USC 6924 (o) (1) (A) (i) and (5) .

NR 665.0221(3)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 665.0221(4) (4) The double liner requirement in sub. (1) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met:

NR 665.0221(4)(a) (a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.0024, with EPA hazardous waste numbers D004 to D017.

NR 665.0221(4)(b) (b)

NR 665.0221(4)(b)1. 1. All of the following:

NR 665.0221(4)(b)1.a. a. The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this subsection the term “liner” means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of sub. (1) on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of the impoundment shall comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action.

NR 665.0221(4)(b)1.b. b. The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3).

NR 665.0221(4)(b)1.c. c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25, Stats.