NR 664.0221(3)(c)(c) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
NR 664.0221(3)(d)(d) The owner or operator of a leak detection system that is not located completely above the seasonal high water table shall demonstrate that the operation of the leak detection system will not be adversely affected by the presence of groundwater.
NR 664.0221(4)(4)The department may approve alternative design or operating practices to those specified in sub. (3) if the owner or operator demonstrates to the department that the design and operating practices, together with location characteristics, will do both of the following:
NR 664.0221(4)(a)(a) Prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the liners and leachate collection and removal system specified in sub. (3).
NR 664.0221(4)(b)(b) Allow detection of leaks of hazardous constituents through the top liner at least as effectively.
NR 664.0221(5)(5)The double liner requirement in sub. (3) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met:
NR 664.0221(5)(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.
NR 664.0221(5)(b)(b)
NR 664.0221(5)(b)1.1. All of the following:
NR 664.0221(5)(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. (3) 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 or operator of the impoundment will comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action.
NR 664.0221(5)(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 664.0221(5)(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.
NR 664.0221(5)(b)2.2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.
NR 664.0221(6)(6)The owner or operator of any replacement surface impoundment unit is exempt from sub. (3) if both of the following apply:
NR 664.0221(6)(a)(a) The existing unit was constructed in compliance with the design standards of 42 USC 6924(o)(1)(A)(i) and (5).
NR 664.0221(6)(b)(b) There is no reason to believe that the liner is not functioning as designed.
NR 664.0221(7)(7)A surface impoundment shall be designed, constructed, maintained and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms and other equipment and human error.
NR 664.0221(8)(8)A surface impoundment shall have dikes that are designed, constructed and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it may not be presumed that the liner system will function without leakage during the active life of the unit.
NR 664.0221(9)(9)The department shall specify in the operating license all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
NR 664.0221 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (5) (a) Register August 2020 No 776, eff. 9-1-20.
NR 664.0222NR 664.0222Action leakage rate.
NR 664.0222(1)(1)The department shall approve an action leakage rate for surface impoundment units subject to s. NR 664.0221 (3) or (4). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
NR 664.0222(2)(2)To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 664.0226 (4) to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit is closed in accordance with s. NR 664.0228 (2), monthly during the long-term care period when monthly monitoring is required under s. NR 664.0226 (4).
NR 664.0222 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0223NR 664.0223Response actions.
NR 664.0223(1)(1)The owner or operator of surface impoundment units subject to s. NR 664.0221 (3) or (4) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in sub. (2).
NR 664.0223(2)(2)If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall do all of the following:
NR 664.0223(2)(a)(a) Notify the department in writing of the exceedence within 7 days of the determination.
NR 664.0223(2)(b)(b) Submit a preliminary written assessment to the department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size and cause of any leaks and short-term actions taken and planned.