NR 664.0223(2)(d) (d) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs or controls and whether or not the unit should be closed.

NR 664.0223(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 664.0223(2)(f) (f) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in pars. (c), (d) and (e), the results of actions taken and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the department a report summarizing the results of any remedial actions taken and actions planned.

NR 664.0223(3) (3) To make the leak and remediation determinations in sub. (2) (c), (d) and (e), the owner or operator shall comply with par. (a) or (b):

NR 664.0223(3)(a) (a) Do all of the following:

NR 664.0223(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

NR 664.0223(3)(a)2. 2. Conduct a fingerprint, hazardous constituent or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid.

NR 664.0223(3)(a)3. 3. Assess the seriousness of any leaks in terms of potential for escaping into the environment.

NR 664.0223(3)(b) (b) Document why the assessments are not needed.

NR 664.0223 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0226 NR 664.0226 Monitoring and inspection.

NR 664.0226(1) (1) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from s. NR 664.0221 (1)) and cover systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots or foreign materials). Both of the following inspections are required immediately after construction or installation:

NR 664.0226(1)(a) (a) Synthetic liners and covers shall be inspected, to ensure tight seams and joints and the absence of tears, punctures or blisters.

NR 664.0226(1)(b) (b) Soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

NR 664.0226(2) (2) While a surface impoundment is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 664.0226(2)(a) (a) Deterioration, malfunctions or improper operation of overtopping control systems.

NR 664.0226(2)(b) (b) Sudden drops in the level of the impoundment’s contents.

NR 664.0226(2)(c) (c) Severe erosion or other signs of deterioration in dikes or other containment devices.

NR 664.0226(3) (3) Prior to the issuance of an operating license, and after any extended period of time (at least 6 months) during which the impoundment was not in service, the owner or operator shall obtain a certification from a qualified engineer that the impoundment’s dike, including that portion of any dike which provides freeboard, has structural integrity. The certification shall establish, in particular, that the dike will do both of the following:

NR 664.0226(3)(a) (a) Withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment.

NR 664.0226(3)(b) (b) Not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction.

NR 664.0226(4) (4) 

NR 664.0226(4)(a) (a) An owner or operator required to have a leak detection system under s. NR 664.0221 (3) or (4) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

NR 664.0226(4)(b) (b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the long-term care period the pump operating level is exceeded at units on quarterly or semi- annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months.

NR 664.0226(4)(c) (c) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions and level that avoids backup into the drainage layer and minimizes head in the sump.

NR 664.0226 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0227 NR 664.0227 Emergency repairs; contingency plans.

NR 664.0227(1) (1) A surface impoundment shall be removed from service in accordance with sub. (2) when either of the following occurs:

NR 664.0227(1)(a) (a) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment.