NR 664.0118(2)(b)1. 1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. F, K, L, N and X.
NR 664.0118(2)(b)2. 2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L, N and X.
NR 664.0118(2)(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 664.0118(2)(d) (d) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.
NR 664.0118(3) (3)Availability of plan. Until final closure of the facility, a copy of the approved long-term care plan shall be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in sub. (2) (c) shall keep the approved long-term care plan during the remainder of the long-term care period.
NR 664.0118(4) (4)Amendment of plan. The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in the approved long-term care plan in accordance with the applicable requirements in ch. NR 670. The written notification or request shall include a copy of the amended long-term care plan for review or approval by the department.
NR 664.0118(4)(a) (a) The owner or operator may submit a written notification or request to the department for an operating license modification to amend the long-term care plan at any time during the active life of the facility or during the long-term care period.
NR 664.0118(4)(b) (b) The owner or operator shall submit a written notification of or request for an operating license modification to authorize a change in the approved long-term care plan whenever any of the following occurs:
NR 664.0118(4)(b)1. 1. Changes in operating plans or facility design affect the approved long-term care plan.
NR 664.0118(4)(b)2. 2. There is a change in the expected year of final closure, if applicable.
NR 664.0118(4)(b)3. 3. Events which occur during the active life of the facility, including partial and final closures, affect the approved long-term care plan.
NR 664.0118(4)(b)4. 4. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 664.0090 (6), 664.0110 (3) or 664.0140 (4).
NR 664.0118(4)(c) (c) The owner or operator shall submit a written request for an operating license modification 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. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to submit a contingent long-term care plan under ss. NR 664.0228 (3) (a) 2. and 664.0258 (3) (a) 2. shall submit a long-term care plan to the department no later than 90 days after the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of s. NR 664.0310. The department will approve, disapprove or modify this plan in accordance with the procedures in ch. NR 670. In accordance with s. NR 670.032, the approved long-term care plan will become an operating license condition.
NR 664.0118(4)(d) (d) The department may request modifications to the plan under the conditions described in par. (b). The owner or operator shall submit the modified plan no later than 60 days after the department's request, or no later than 90 days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent long-term care plan. Any modifications requested by the department will be approved, disapproved or modified in accordance with the procedures in ch. NR 670.
NR 664.0118 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0119 NR 664.0119Long-term care notices.
NR 664.0119(1) (1) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept.
NR 664.0119(2) (2) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following:
NR 664.0119(2)(a) (a) Record, in accordance with ch. 706, Stats., a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following:
NR 664.0119(2)(a)1. 1. The land has been used to manage hazardous wastes.
NR 664.0119(2)(a)2. 2. Its use is restricted under this subchapter.
NR 664.0119(2)(a)3. 3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 664.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department.
NR 664.0119(2)(b) (b) Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in par. (a), including a copy of the document in which the notation has been placed, to the department.
NR 664.0119(3) (3) If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the long-term care license in accordance with the applicable requirements in ch. NR 670. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 664.0117 (3). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673. If the owner or operator is granted a license modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following:
NR 664.0119(3)(a) (a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search.
NR 664.0119(3)(b) (b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
NR 664.0119 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0120 NR 664.0120Certification of completion of long-term care. No later than 60 days after completion of the established long-term care period for each hazardous waste disposal unit, the owner or operator shall submit to the department, by registered mail, a certification that the long-term care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved long-term care plan. The owner or operator and a qualified professional engineer shall sign the certification. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for long-term care under s. NR 664.0145 (11).
NR 664.0120 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. Register July 2017 No. 739, eff. 8-1-17.
subch. H of ch. NR 664 Subchapter H — Financial Requirements
NR 664.0140 NR 664.0140Applicability.
NR 664.0140(1) (1) The requirements of ss. NR 664.0142, 664.0143 and 664.0147 to 664.0151 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in s. NR 664.0001.
NR 664.0140(2) (2) The requirements of ss. NR 664.0144 and 664.0145 apply only to owners and operators of one or more of the following:
NR 664.0140(2)(a) (a) Disposal facilities.
NR 664.0140(2)(b) (b) Piles and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that these sections are made applicable to the facilities in ss. NR 664.0228 and 664.0258.
NR 664.0140(2)(c) (c) Tank systems that are required under s. NR 664.0197 to meet the requirements for landfills.
NR 664.0140(2)(d) (d) Containment buildings that are required under s. NR 664.1102 to meet the requirements for landfills.
NR 664.0140(3) (3) States and the federal government are exempt from the requirements of s. NR 664.0147.
NR 664.0140(4) (4) The department may replace all or part of the requirements of this subchapter applying to a regulated unit with alternative requirements for financial assurance set out in the license or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department does all of the following:
NR 664.0140(4)(a) (a) Prescribes alternative requirements for the regulated unit under s. NR 664.0090 (6) or 664.0110 (3) or both.
NR 664.0140(4)(b) (b) Determines that it is not necessary to apply the requirements of this subchapter because the alternative financial assurance requirements will protect human health and the environment.
NR 664.0140 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0141 NR 664.0141Definitions. When used in this subchapter, the following terms have the meanings given below.
NR 664.0141(1) (1) “Captive insurance company" means a closely-held company owned by one or more organizations, parents, whose original purpose was and may continue to be, to insure some or all of the risks of shareholders or affiliated organizations.
NR 664.0141(2) (2) “Closure plan" means the plan for closure prepared in accordance with the requirements of s. NR 664.0112.
NR 664.0141(3) (3) “Current closure cost estimate" means the most recent of the estimates prepared in accordance with s. NR 664.0142 (1) to (3).
NR 664.0141(4) (4) “Current long-term care cost estimate" means the most recent of the estimates prepared in accordance with s. NR 664.0144 (1) to (3).
NR 664.0141(5) (5) “Parent corporation" means a corporation which directly owns at least 50% 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 664.0141(6) (6) “Long-term care plan" means the plan for long-term care prepared in accordance with the requirements of ss. NR 664.0117 to 664.0120.
NR 664.0141(7) (7) The following terms are used in the specifications for the financial tests for liability coverage. The definitions are intended to assist in the understanding of this chapter and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
NR 664.0141(7)(a) (a) “Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
NR 664.0141(7)(b) (b) “Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
NR 664.0141(7)(c) (c) “Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
NR 664.0141(7)(d) (d) “Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with ch. NR 815.
NR 664.0141(7)(e) (e) “Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
NR 664.0141(7)(f) (f) “Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
NR 664.0141(7)(g) (g) “Net working capital" means current assets minus current liabilities.
NR 664.0141(7)(h) (h) “Net worth" has the meaning given in s. 289.41 (1) (c), Stats.
NR 664.0141(7)(i) (i) “Tangible net worth" means the tangible assets that remain after deducting liabilities. The assets would not include intangibles such as goodwill and rights to patents or royalties.
NR 664.0141(8) (8) In the liability insurance requirements the terms “bodily injury" and “property damage" shall have the meanings given these terms by applicable state law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below of several of the terms are intended to assist in the understanding of this chapter and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
NR 664.0141(8)(a) (a) “Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.
NR 664.0141(8)(b) (b) “Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
NR 664.0141(8)(c) (c) “Nonsudden accidental occurrence" means an occurrence which takes place over time and involves continuous or repeated exposure.
NR 664.0141(8)(d) (d) “Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.
NR 664.0141(9) (9) “Substantial business relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A substantial business relationship shall arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the department.
NR 664.0141 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0142 NR 664.0142Cost estimate for closure.
NR 664.0142(1) (1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in ss. NR 664.0111 to 664.0115 and applicable closure requirements in ss. NR 664.0178, 664.0197, 664.0228, 664.0258, 664.0310, 664.0351, 664.0601 to 664.0603 and 664.1102.
NR 664.0142(1)(a) (a) The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see s. NR 664.0112 (2)).
NR 664.0142(1)(b) (b) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent corporation nor a subsidiary of the owner or operator. The owner or operator may use costs for on-site disposal if the owner or operator can demonstrate that on-site disposal capacity will exist at all times over the life of the facility.
NR 664.0142(1)(c) (c) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), facility structures or equipment, land or other assets associated with the facility at the time of partial or final closure.
NR 664.0142(1)(d) (d) The owner or operator may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under s. NR 664.0113 (4), that might have economic value.
NR 664.0142(2) (2) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with s. NR 664.0143. For owners and operators of disposal facilities using the net worth test, the closure cost estimate shall be updated for inflation as specified in s. 289.41 (5) (d), Stats. The adjustment may be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent implicit price deflator for gross domestic product published by the U.S. department of commerce in its Survey of Current Business, as specified in pars. (a) and (b). The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.
NR 664.0142(2)(a) (a) The first adjustment shall be made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
NR 664.0142(2)(b) (b) Subsequent adjustments shall be made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
NR 664.0142(3) (3) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after the department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in sub. (2).
NR 664.0142(4) (4) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subs. (1) and (3) and, when this estimate has been adjusted in accordance with sub. (2), the latest adjusted closure cost estimate.
NR 664.0142 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0143 NR 664.0143Financial assurance for closure. An owner or operator of each facility shall establish financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subs. (1) to (8).
NR 664.0143(1) (1)Closure trust fund.
NR 664.0143(1)(a)(a) An owner or operator may satisfy the requirements of this section by establishing a closure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the department. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the department at least 60 days before the date on which hazardous waste is first received for treatment, storage or disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
NR 664.0143(1)(b) (b) The wording of the trust agreement shall be identical to the wording on the department form specified in s. NR 664.0151 (1) (a) and the trust agreement shall be accompanied by a formal certification of acknowledgment as specified in s. NR 664.0151 (1) (b). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current closure cost estimate covered by the agreement.
NR 664.0143(1)(c) (c) Payments into the trust fund shall be made annually by the owner or operator over the term of the initial license or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter. For the purposes of this section, this period is referred to as the “pay-in period." The payments into the closure trust fund shall be made as follows:
NR 664.0143(1)(c)1. 1. For a new facility, the first payment shall be made before the initial receipt of hazardous waste for treatment, storage or disposal. A receipt from the trustee for this payment shall be submitted by the owner or operator to the department before this initial receipt of hazardous waste. The first payment shall be at least equal to the current closure cost estimate, except as provided in sub. (9), divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
where CE is the current closure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
NR 664.0143(1)(c)2. 2. If an owner or operator establishes a trust fund as specified in this subsection, and the value of that trust fund is less than the current closure cost estimate when a license is awarded for the facility, the amount of the current closure cost estimate still to be paid into the trust fund shall be paid in over the pay-in period as defined in par. (c)(intro). Payments shall continue to be made no later than 30 days after each anniversary date of the first payment made pursuant to ch. NR 665. The amount of each payment shall be determined by this formula:
where CE is the current closure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
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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.