NR 664.0196(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 664.0196(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 664.0196(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 664.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. 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 664.0192 and 664.0193. 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 664.0193 prior to being returned to use.

NR 664.0196(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 664.0196 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 664.0196 NoteNote: See s. NR 664.0015(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 664.0197(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 664.0197(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 664.0310). 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 664.0197(3)(3) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of s. NR 664.0193 (2) to (6) and has not been granted a variance from the secondary containment requirements in accordance with s. NR 664.0193 (7), then:

NR 664.0197(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 664.0197(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 664.0197(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 those costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1).

NR 664.0197(3)(d)(d) Financial assurance shall be based on the cost estimates in par. (c).

NR 664.0197(3)(e)(e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H.

NR 664.0198(1)(a)(a) The waste is treated, rendered or mixed before or immediately after placement in the tank system so that all of the following apply:

NR 664.0198(1)(b)(b) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react.

NR 664.0198(1)(c)(c) The tank system is used solely for emergencies.

NR 664.0198(2)(2) The owner or operator of a facility where ignitable or reactive waste is stored or treated in a tank 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.