NR 664.0100NR 664.0100Corrective action program. An owner or operator required to establish a corrective action program under this subchapter shall, at a minimum, do all of the following:
NR 664.0100(1)(1)The owner or operator shall take corrective action to ensure that regulated units are in compliance with the groundwater protection standard under s. NR 664.0092. The department shall specify the groundwater protection standard in the facility license, including all of the following:
NR 664.0100(1)(a)(a) A list of the hazardous constituents identified under s. NR 664.0093.
NR 664.0100(1)(b)(b) Concentration limits under s. NR 664.0094 for each of those hazardous constituents.
NR 664.0100(1)(c)(c) The point of standards application under s. NR 664.0095.
NR 664.0100(1)(d)(d) The compliance period under s. NR 664.0096.
NR 664.0100(2)(2)The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the point of standards application by removing the hazardous waste constituents or treating them in place. The license shall specify the specific measures that will be taken.
NR 664.0100(3)(3)The owner or operator shall begin corrective action within a reasonable time period after the groundwater protection standard is exceeded. The department shall specify that time period in the facility license. If a facility license includes a corrective action program in addition to a compliance monitoring program, the license shall specify when the corrective action will begin and such a requirement shall operate in lieu of s. NR 664.0099 (8) (b).
NR 664.0100(4)(4)In conjunction with a corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under s. NR 664.0099 and shall be as effective as that program in determining compliance with the groundwater protection standard under s. NR 664.0092 and in determining the success of a corrective action program under sub. (5), where appropriate.
NR 664.0100(5)(5)In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under s. NR 664.0093 that exceed concentration limits under s. NR 664.0094 in groundwater at all of the following locations:
NR 664.0100(5)(a)(a) Between the point of standards application under s. NR 664.0095 and the downgradient property boundary.
NR 664.0100(5)(b)(b) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake that action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis.
NR 664.0100(5)(c)(c) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination.
NR 664.0100(5)(d)(d) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under s. NR 664.0093 is reduced to levels below their respective concentration limits under s. NR 664.0094.
NR 664.0100(6)(6)The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the groundwater monitoring program under sub. (4), that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years.
NR 664.0100(7)(7)The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports annually.
NR 664.0100(8)(8)If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.
NR 664.0100 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17.
NR 664.0101NR 664.0101Corrective action for solid waste management units.
NR 664.0101(1)(1)The owner or operator of a facility seeking a license for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.
NR 664.0101(2)(2)Corrective action shall be specified in the license in accordance with this section and subch. S. The license shall contain schedules of compliance for the corrective action, where the corrective action cannot be completed prior to issuance of the license, and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats.
NR 664.0101(3)(3)The owner or operator shall implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake the actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis. Assurances of financial responsibility for the corrective action shall be provided.
NR 664.0101(4)(4)The requirements of this section do not apply to remediation waste management sites unless they are part of a facility subject to a license for treating, storing or disposing of hazardous wastes that are not remediation wastes.
NR 664.0101 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2) Register August 2020 No 776, eff. 9-1-20; correction in (2) made under s. 35.17, Stats., Register August 2020 No. 776.
subch. G of ch. NR 664Subchapter G Closure and Long-Term Care
NR 664.0110NR 664.0110Applicability. Except as s. NR 664.0001 provides otherwise:
NR 664.0110(1)(1)Sections NR 664.0111 to 664.0115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities.
NR 664.0110(2)(2)Sections NR 664.0116 to 664.0120 (which concern long-term care) apply to the owners and operators of all of the following:
NR 664.0110(2)(a)(a) All hazardous waste disposal facilities.