NR 665.0117(2)(a)(a) Hazardous wastes may remain exposed after completion of partial or final closure. NR 665.0117(2)(b)(b) Access by the public or domestic livestock may pose a hazard to human health. NR 665.0117(3)(3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure may never be allowed to disturb the integrity of the final cover, liners or any other components of the containment system, or the function of the facility’s monitoring systems, unless the department finds that either of the following applies: NR 665.0117(3)(a)(a) The disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment. NR 665.0117(3)(b)(b) The disturbance is necessary to reduce a threat to human health or the environment. NR 665.0117(4)(4) All long-term care activities shall be in accordance with the provisions of the approved long-term care plan as specified in s. NR 665.0118. NR 665.0117 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0118NR 665.0118 Long-term care plan; amendment of plan. NR 665.0118(1)(1) Written plan. By February 1, 1982, the owner or operator of a hazardous waste disposal unit shall have a written long-term care plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure shall prepare a long-term care plan and submit it to the department within 90 days of the date that the owner or operator or department determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120. NR 665.0118(2)(2) Availability of plan. Until final closure of the facility, a copy of the most current long-term care plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved long-term care plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department. After final closure has been certified, the person or office specified in sub. (3) (c) shall keep the approved long-term care plan during the long-term care period. NR 665.0118(3)(3) Content of plan. For each hazardous waste management unit subject to the requirements of this section, the long-term care plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least all of the following: NR 665.0118(3)(a)(a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with subchs. F, K, L and N during the long-term care period. NR 665.0118(3)(b)(b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure both of the following: NR 665.0118(3)(b)1.1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. K, L and N. NR 665.0118(3)(b)2.2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L and N. NR 665.0118(3)(c)(c) The name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the long-term care period. NR 665.0118(3)(e)(e) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements. NR 665.0118(4)(4) Amendment of plan. The owner or operator may amend the long-term care plan any time during the active life of the facility or during the long-term care period. An owner or operator with an approved long-term care plan shall submit a written request to the department to authorize a change to the approved plan. The written request shall include a copy of the amended long-term care plan for approval by the department. NR 665.0118(4)(a)(a) The owner or operator shall amend the long-term care plan whenever any of the following occurs: NR 665.0118(4)(a)1.1. Changes in operating plans or facility design affect the long-term care plan. NR 665.0118(4)(a)2.2. Events which occur during the active life of the facility, including partial and final closures, affect the long-term care plan. NR 665.0118(4)(b)(b) The owner or operator shall amend the long-term care plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the long-term care plan. NR 665.0118(4)(c)(c) An owner or operator with an approved long-term care plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the long-term care plan. If an owner or operator of a surface impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with s. NR 665.0228 (1) or 665.0258 (1) is required to close as a landfill in accordance with s. NR 665.0310, the owner or operator shall submit a long-term care plan within 90 days of the determination by the owner or operator or department that the unit must be closed as a landfill. If the amendment to the long-term care plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (6). NR 665.0118(4)(d)(d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved long-term care plan shall submit the modified plan no later than 60 days of the request from the department. If the amendment to the plan is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modifications to the long-term care plan will be approved in accordance with the procedures in sub. (6). If the department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator shall submit a long-term care plan for approval to the department within 90 days of the determination. NR 665.0118(5)(5) Submittal of plan. The owner or operator of a facility with hazardous waste management units subject to these requirements shall submit its long-term care plan to the department at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator “expects to begin closure” of the first hazardous waste disposal unit shall be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator shall submit the long-term care plan to the department no later than 15 days after either of the following: NR 665.0118(5)(a)(a) Denial, suspension or revocation of an interim license (except when an operating license is issued to the facility simultaneously with revocation of an interim license). NR 665.0118(5)(b)(b) Issuance of a judicial decree, department order, or final order pursuant to 42 USC 6928 (h) to cease receiving waste or close.