NR 662.261(1)(1)The contingency plan shall describe the actions facility personnel shall take to comply with ss. NR 662.260 and 662.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
NR 662.261(2) (2) If the generator has already prepared a spill prevention, control, and countermeasures or SPCC plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this chapter. The generator may develop one contingency plan that meets all regulatory standards. The department recommends that the plan be based on the national response team's integrated contingency plan guidance or the “One Plan.”
NR 662.261(3) (3) The plan shall describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the local emergency planning committee, according to s. NR 662.256.
NR 662.261(4) (4) The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under s. NR 662.264, and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position, such as operations manager, shift coordinator, and shift operations supervisor, as well as an emergency telephone number that can be guaranteed to be answered at all times.
NR 662.261(5) (5) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
NR 662.261(6) (6) The plan shall include an evacuation plan for generator personnel where there is a possibility that evacuation could be necessary. This plan shall describe the signal to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary evacuation routes could be blocked by releases of hazardous waste or fires.
NR 662.261 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.
NR 662.262 NR 662.262Copies of contingency plan. A copy of the contingency plan and all revisions to the plan shall be maintained at the large quantity generator. The contingency plan is also subject to the following requirements:
NR 662.262(1) (1) The large quantity generator shall submit a copy of the contingency plan and all revisions to all local emergency responders, such as police departments, fire departments, hospitals and state and local emergency response teams that may be called upon to provide emergency services. This document may also be submitted to the local emergency planning committee, as appropriate.
NR 662.262(2) (2) A large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan shall at that time submit a quick reference guide of the contingency plan to the local emergency responders identified under sub. (1) or, as appropriate, the local emergency planning committee. The quick reference guide shall include all of the following elements:
NR 662.262(2)(a) (a) The types and names of hazardous wastes in layman's terms and the hazard associated with each hazardous waste present at any one time, such as toxic paint wastes, spent ignitable solvent, or corrosive acid.
NR 662.262(2)(b) (b) The estimated maximum amount of each hazardous waste that may be present at any one time.
NR 662.262(2)(c) (c) The identification of any hazardous wastes for which exposure would require unique or special treatment by medical or hospital staff.
NR 662.262(2)(d) (d) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes.
NR 662.262(2)(e) (e) A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers.
NR 662.262(2)(f) (f) The locations of water supply, such as a fire hydrant and its flow rate.
NR 662.262(2)(g) (g) The identification of on-site notification systems, such as a fire alarm that rings off-site, or smoke alarms.
NR 662.262(2)(h) (h) The name of the emergency coordinator, defined under s. NR 662.264, and 7-day, 24-hour emergency telephone number or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.
NR 662.262(3) (3) A generator shall update its quick reference guides, if necessary, whenever the contingency plan is amended and shall submit these documents to the local emergency responders identified in sub. (1) or, as appropriate, the local emergency planning committee.
NR 662.262 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.
NR 662.263 NR 662.263Amendment of contingency plan. The contingency plan shall be reviewed and, if necessary, immediately amended whenever the following occurs:
NR 662.263(1) (1) Applicable regulations are revised.
NR 662.263(2) (2) The plan fails in an emergency.
NR 662.263(3) (3) The generator facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency.
NR 662.263(4) (4) The list of emergency coordinators changes.
NR 662.263(5) (5) The list of emergency equipment changes.
NR 662.263 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.
NR 662.264 NR 662.264Emergency coordinator. At all times, there shall be at least one employee either on the generator's premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures specified in s. NR 662.265. Although responsibilities may vary depending on factors such as type and variety of hazardous wastes handled by the facility, as well as type and complexity of the facility, this emergency coordinator shall be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
NR 662.264 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
NR 662.265 NR 662.265Emergency procedures.
NR 662.265(1)(1)Whenever there is an imminent or actual emergency situation, the emergency coordinator, or a designee when the emergency coordinator is on call, shall immediately do all of the following:
NR 662.265(1)(a) (a) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
NR 662.265(1)(b) (b) Notify appropriate state or local agencies with designated response roles if their help is needed.
NR 662.265(2) (2) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis.
NR 662.265(3) (3) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion, such as the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.
NR 662.265(4) (4) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health or the environment outside the facility, the emergency coordinator shall report the findings as follows:
NR 662.265(4)(a) (a) If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
NR 662.265(4)(b) (b) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the national response center using their 24-hour toll free number 800-424-8802. The report shall include all of the following:
NR 662.265(4)(b)1. 1. Name and telephone number of the reporter.
NR 662.265(4)(b)2. 2. Name and address of the generator.
NR 662.265(4)(b)3. 3. Time and type of incident, such as release or fire.
NR 662.265(4)(b)4. 4. Name and quantity of material involved, to the extent known.
NR 662.265(4)(b)5. 5. The extent of injuries, if any.
NR 662.265(4)(b)6. 6. The possible hazards to human health or the environment outside the facility.
NR 662.265(5) (5) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the generator's facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released hazardous waste, and removing or isolating containers.
NR 662.265(6) (6) If the generator stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment.
NR 662.265(7) (7) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the generator can demonstrate, in accordance with s. NR 661.0003 (3) or (4), that the recovered material is not a hazardous waste, then it is a newly generated hazardous waste that shall be managed in accordance with all the applicable requirements and conditions for exemption under chs. NR 662, 663, and 665.
NR 662.265(8) (8) The emergency coordinator shall ensure that all of the following are met in the affected area of the facility:
NR 662.265(8)(a) (a) No hazardous waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed.
NR 662.265(8)(b) (b) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
NR 662.265(9) (9) The generator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the generator shall submit a written report on the incident to the department. The report shall include all of the following information:
NR 662.265(9)(a) (a) Name, address, and telephone number of the generator.
NR 662.265(9)(b) (b) Date, time, and type of incident, such as fire or explosion.
NR 662.265(9)(c) (c) Name and quantity of material involved.
NR 662.265(9)(d) (d) The extent of any injuries.
NR 662.265(9)(e) (e) An assessment of actual or potential hazards to human health or the environment, where this is applicable.
NR 662.265(9)(f) (f) Estimated quantity and disposition of recovered material that resulted from the incident.
NR 662.265 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20.
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.