NR 664.0003 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0004 NR 664.0004Imminent danger action. Notwithstanding any other provisions of this chapter, enforcement actions may be brought pursuant to s. 291.85, Stats.
NR 664.0004 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. B of ch. NR 664 Subchapter B General Facility Standards
NR 664.0010 NR 664.0010Applicability.
NR 664.0010(1) (1) This subchapter applies to owners and operators of all hazardous waste facilities, except as provided in s. NR 664.0001 and sub. (2).
NR 664.0010(2) (2)Section NR 664.0018 (2) applies only to facilities regulated under subchs. I to O and X.
NR 664.0010 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0011 NR 664.0011Identification number. Every facility owner or operator shall apply to the department for an EPA identification number according to the procedures in s. NR 660.07.
NR 664.0011 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0012 NR 664.0012Required notices.
NR 664.0012(1)(a) (a) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the regional administrator in writing at least 4 weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.
NR 664.0012(1)(b) (b) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to subch. H of ch. NR 662 shall provide a copy of the tracking document bearing all required signatures to the notifier, to the:
Office of Enforcement and Compliance Assurance
Office of Compliance; Enforcement Planning, Targeting and
Data Division (2222A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460
and to the competent authorities of all other concerned countries within 3 working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least 3 years.
NR 664.0012(2) (2) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate licenses for, and will accept the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
NR 664.0012(3) (3) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670.
NR 664.0012 Note Note: An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person's obligation to comply with all applicable requirements.
NR 664.0012 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0013 NR 664.0013General waste analysis.
NR 664.0013(1)(a) (a) Before an owner or operator treats, stores or disposes of any hazardous wastes, or nonhazardous wastes if applicable under s. NR 664.0113 (4), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis shall contain all the information which must be known to treat, store or dispose of the waste according to this chapter and ch. NR 668.
NR 664.0013(1)(a)1. 1. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature.
NR 664.0013(1)(b) (b) The analysis may include data developed under ch. NR 661 and s. NR 662.220, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
NR 664.0013 Note Note: For example, the facility's records of analyses performed on the waste before the effective date of these rules, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with par. (a). The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by par. (a), except as otherwise specified in s. NR 668.07(2) and (3). If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this section.
NR 664.0013(1)(c) (c) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated when any of the following occurs:
NR 664.0013(1)(c)1. 1. The owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), has changed.
NR 664.0013(1)(c)2. 2. For off-site facilities, the results of the inspection required in par. (d) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
NR 664.0013(1)(d) (d) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
NR 664.0013(2) (2) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with sub. (1). The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify all of the following:
NR 664.0013(2)(a) (a) The parameters for which each hazardous waste, or non-hazardous waste if applicable under s. NR 664.0113 (4), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with sub. (1)).
NR 664.0013(2)(b) (b) The test methods which will be used to test for these parameters.
NR 664.0013(2)(c) (c) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using one of the following:
NR 664.0013(2)(c)1. 1. One of the sampling methods described in ch. NR 661 Appendix I.
NR 664.0013(2)(c)2. 2. An equivalent sampling method.
NR 664.0013 Note Note: See s. NR 660.21 for related discussion.
NR 664.0013(2)(d) (d) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date.
NR 664.0013(2)(e) (e) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.
NR 664.0013(2)(f) (f) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods specified in ss. NR 664.0017, 664.0314, 664.0341, 664.1034 (4), 664.1063 (4), 664.1083 and 668.07.
NR 664.0013(2)(g) (g) For surface impoundments exempted from land disposal restrictions under s. NR 668.04 (1), the procedures and schedules for all of the following:
NR 664.0013(2)(g)1. 1. The sampling of impoundment contents.
NR 664.0013(2)(g)2. 2. The analysis of test data.
NR 664.0013(2)(g)3. 3. The annual removal of residues which are not delisted under s. NR 660.22 or which exhibit a characteristic of hazardous waste and meet any of the following criteria:
NR 664.0013(2)(g)3.a. a. The residues do not meet applicable treatment standards of subch. D of ch. NR 668.
NR 664.0013(2)(g)3.b. b. Where no treatment standards have been established, any of the following applies:
1) The residues are prohibited from land disposal under s. NR 668.32 or 42 USC 6924(d).
2) The residues are prohibited from land disposal under s. NR 668.33.
NR 664.0013(2)(h) (h) For owners and operators seeking an exemption to the air emission standards of subch. CC according to s. NR 664.1082, any of the following:
NR 664.0013(2)(h)1. 1. If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.
NR 664.0013(2)(h)2. 2. If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.
NR 664.0013(3) (3) For off-site facilities, the waste analysis plan required in sub. (2) shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe all of the following:
NR 664.0013(3)(a) (a) The procedures which will be used to determine the identity of each movement of waste managed at the facility.
NR 664.0013(3)(b) (b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
NR 664.0013 Note Note: Note: Chapter NR 670 requires that the waste analysis plan be submitted with the feasibility and plan of operation report.
NR 664.0013(3)(c) (c) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
NR 664.0013 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 664.0014 NR 664.0014Security.
NR 664.0014(1) (1) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the department all of the following:
NR 664.0014(1)(a) (a) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility.
NR 664.0014(1)(b) (b) Disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.
NR 664.0014 Note Note: Chapter NR 670 requires that an owner or operator who wishes to make the demonstration referred to in pars. (a) and (b) shall do so with the feasibility report or feasibility and plan of operation report.
NR 664.0014(2) (2) Unless the owner or operator has made a successful demonstration under sub. (1) (a) and (b), a facility shall have any of the following:
NR 664.0014(2)(a) (a) A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility.
NR 664.0014(2)(b) (b) All of the following:
NR 664.0014(2)(b)1. 1. An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility.
NR 664.0014(2)(b)2. 2. A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance or controlled roadway access to the facility).
NR 664.0014 Note Note: The requirements of sub. (2) are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of par. (a) or (b).
NR 664.0014(3) (3) Unless the owner or operator has made a successful demonstration under sub. (1) (a) and (b), a sign with the legend, “Danger—Unauthorized Personnel Keep Out", shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than “Danger—Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
NR 664.0014 Note Note: See s. NR 664.0117(2) for discussion of security requirements at disposal facilities during the long-term care period.
NR 664.0014 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0015 NR 664.0015General inspection requirements.
NR 664.0015(1)(1) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
NR 664.0015(2)(a)(a) The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.
NR 664.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.
NR 664.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
NR 664.0015 Note Note: Chapter NR 670 requires the inspection schedule to be submitted with the feasibility and plan of operation report. The department shall evaluate the schedule along with the rest of the report to ensure that it adequately protects human health and the environment. As part of this review, the department may modify or amend the schedule as may be necessary.
NR 664.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 664.0174, 664.0193, 664.0195, 664.0226, 664.0254, 664.0303, 664.0347, 664.0602, 664.1033, 664.1052, 664.1053, 664.1058 and 664.1083 to 664.1089, where applicable.
NR 664.0015(3) (3) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
NR 664.0015(4) (4) The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.
NR 664.0015 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0016 NR 664.0016Personnel training.
NR 664.0016(1)(a) (a) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under sub. (4) (c).
NR 664.0016 Note Note: Chapter NR 670 requires that owners and operators submit with the feasibility and plan of operation report, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.
NR 664.0016(1)(b) (b) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
NR 664.0016(1)(c) (c) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including, where applicable, all of the following:
NR 664.0016(1)(c)1. 1. Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.