NR 664.0228(3)(a)1. 1. The closure plan for the impoundment under s. NR 664.0112 shall include both a plan for complying with sub. (1) (a) and a contingent plan for complying with sub. (1) (b) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(a)2. 2. The owner or operator shall prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(b) (b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of an impoundment subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) (a).

NR 664.0228 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0229 NR 664.0229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of ch. NR 668, and sub. (1), (2) or (3):

NR 664.0229(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the impoundment so that both of the following apply:

NR 664.0229(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 664.0229(1)(b) (b) Section NR 664.0017 (2) is complied with.

NR 664.0229(2) (2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

NR 664.0229(3) (3) The surface impoundment is used solely for emergencies.

NR 664.0229 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0230 NR 664.0230 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 664 Appendix V for examples) may not be placed in the same surface impoundment, unless s. NR 664.0017 (2) is complied with.

NR 664.0230 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 664.0231 NR 664.0231 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

NR 664.0231(1) (1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. All of the following factors shall be considered:

NR 664.0231(1)(a) (a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.

NR 664.0231(1)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.

NR 664.0231(1)(c) (c) The mobilizing properties of other materials co-disposed with these wastes.

NR 664.0231(1)(d) (d) The effectiveness of additional treatment, design or monitoring techniques.

NR 664.0231(2) (2) The department may determine that additional design, operating and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026 and F027 in order to reduce the possibility of migration of these wastes to groundwater, surface water or air so as to protect human health and the environment.

NR 664.0231 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0232 NR 664.0232 Air emission standards. The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of subchs. BB and CC.

NR 664.0232 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. L of ch. NR 664 Subchapter L — Waste Piles

NR 664.0250 NR 664.0250 Applicability.

NR 664.0250(1) (1) This subchapter applies to owners and operators of facilities that store or treat hazardous waste in piles, except as s. NR 664.0001 provides otherwise.

NR 664.0250(2) (2) This subchapter does not apply to owners or operators of waste piles that are closed with wastes left in place. Those waste piles are regulated under subch. N (landfills).

NR 664.0250(3) (3) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not regulated under s. NR 664.0251 or under subch. F, if all of the following are met:

NR 664.0250(3)(a) (a) Liquids or materials containing free liquids are not placed in the pile.