NR 667.0115(1)(1)Within 90 days after the final volume of hazardous waste is sent to a unit, treat or remove from the unit all hazardous wastes following the approved closure plan.
NR 667.0115(2)(2)You shall complete final closure activities according to the approved closure plan within 180 days after the final volume of hazardous wastes is sent to the unit. The department may approve an extension of 180 days to the closure period if you comply with all applicable requirements for requesting a modification to the license and demonstrate that:
NR 667.0115(2)(a)(a) The final closure activities will take longer than 180 days to complete due to circumstances beyond your control, excluding ground water contamination.
NR 667.0115(2)(b)(b) You have taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating hazardous waste management unit or facility, including compliance with all applicable license requirements.
NR 667.0115(2)(c)(c) The demonstration shall be made at least 30 days prior to the expiration of the initial 180-day period.
NR 667.0115(3)(3)Nothing in this subsection precludes you from removing hazardous wastes and decontaminating or dismantling equipment according to the approved final closure plan at any time before or after notification of final closure.
NR 667.0115 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0116NR 667.0116What shall I do with contaminated equipment, structure and soils? You shall properly dispose of or decontaminate all contaminated equipment, structures, and soils during the partial and final closure periods. By removing any hazardous wastes or hazardous constituents during partial and final closure, you may become a generator of hazardous waste and shall handle that waste following all applicable requirements of ch. NR 662.
NR 667.0116 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17.
NR 667.0117NR 667.0117How do I certify closure? Within 60 days of the completion of final closure of each unit under a subch. J of ch. NR 670 standardized license, you shall submit to the department, by registered mail, a certification that each hazardous waste management unit or facility, as applicable, has been closed following the specifications in the closure plan. Both you and a qualified professional engineer shall sign the certification. You shall furnish documentation supporting the independent registered professional engineer’s certification to the department upon request until the department releases you from the financial assurance requirements for closure under s. NR 667.0143 (9).
NR 667.0117 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction made under s. 35.17, Stats., Register July 2017 No. 739.
subch. H of ch. NR 667Subchapter H — Financial Requirements
NR 667.0140NR 667.0140Who must comply with this subchapter, and briefly, what do they have to do?
NR 667.0140(1)(1)The requirements in this subchapter apply to owners and operators who treat or store hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided in s. NR 667.0001 (2) or sub. (4).
NR 667.0140(2)(2)The owner or operator shall:
NR 667.0140(2)(a)(a) Prepare a closure cost estimate as required in s. NR 667.0142.
NR 667.0140(2)(b)(b) Demonstrate financial assurance for closure as required in s. NR 667.0143.
NR 667.0140(2)(c)(c) Demonstrate financial assurance for liability as required in s. NR 667.0147.
NR 667.0140(3)(3)The owner or operator shall notify the department if the owner or operator is named as a debtor in a bankruptcy proceeding under Title 11 of the United States Code (See also s. NR 667.0148).
NR 667.0140(4)(4)States and the federal government are exempt from the requirements of this subchapter.
NR 667.0140 HistoryHistory: CR 16-007: cr. Register July 2017 No. 739, eff. 8-1-17; correction in (1) made under s. 35.17, Stats., Register July 2017 No. 739.
NR 667.0141NR 667.0141Definitions of terms used in this subchapter. When used in this subchapter, the following terms have the following meanings:
NR 667.0141(1)(1)“Closure plan” means the plan for closure prepared according to the requirements of s. NR 667.0112.
NR 667.0141(2)(2)“Current closure cost estimate” means the most recent of the estimates prepared according to s. NR 667.0142 (1), (2), and (3).
NR 667.0141(4)(4)“Parent corporation” means a corporation that directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator. The latter corporation is deemed a subsidiary of the parent corporation.
NR 667.0141(6)(6)The following terms are used in the specifications for the financial tests for closure and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices:
NR 667.0141(6)(a)(a) “Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity.
NR 667.0141(6)(b)(b) “Current plugging and abandonment cost estimate” means the most recent of the estimates prepared according to ch. NR 815.
NR 667.0141(6)(c)(c) “Independently audited” refers to an audit performed by an independent certified public accountant according to generally accepted auditing standards.