Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee and the Department, or by the Trustee and the Department, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Department will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.
Section 18. Immunity and Indemnification. The Trustee may not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Department issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide the defense.
Section 19. Choice of Law. This Agreement shall be administered, construed and enforced according to the laws of the State of Wisconsin.
Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement may not affect the interpretation or the legal efficacy of this Agreement.
In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in s. NR 664.0151 (13), Wis. Adm. Code, as the rules were constituted on the date first above written.
__________________
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal] _____
[Signature of Trustee]
Attest:
[Title]
[Seal]
(b) The following is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in s. NR 664.0147 (10) or 665.0147 (10).
State of_____
County of_____
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to the instrument is the corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
_______________________
[Signature of Notary Public]
NR 664.0151(14) (14)A deposit with the department, as specified in s. NR 664.0143 (7), 664.0145 (7), 665.0143 (6) or 665.0145 (6), must be accompanied by Form 4430-028 Deposit with the Department.
NR 664.0151 Note Note: Form 4430-028 may be obtained from: www.dnr.state.wi.us/org/aw/wm/hazard/FN_Responsibility/4430- 028HW.pdf, by E-mail: DNRWasteMaterials@wisconsin.gov, or by phone: (608) 266-2111.
NR 664.0151 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (6) (b), (11) made under s. 13.93 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17.
subch. I of ch. NR 664 Subchapter I — Containers
NR 664.0170 NR 664.0170Applicability. This subchapter applies to owners and operators of all hazardous waste facilities that store hazardous waste in containers, except as s. NR 664.0001 provides otherwise.
NR 664.0170 Note Note: Under ss. NR 661.0007 and 661.0033 (3), if a hazardous waste is emptied from a container the residue remaining in the container is not regulated as hazardous waste if the container is “empty” as defined in s. NR 661.0007. In that event, management of the container is exempt from the requirements of this subchapter.
NR 664.0170 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. Register August 2020 No 776, eff. 9-1-20.
NR 664.0171 NR 664.0171Condition of containers. If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this chapter.
NR 664.0171 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0172 NR 664.0172Compatibility of waste with containers. The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired.
NR 664.0172 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0173 NR 664.0173Management of containers.
NR 664.0173(1)(1)A container holding hazardous waste shall always be closed during storage, except when it is necessary to add or remove waste.
NR 664.0173(2) (2)A container holding hazardous waste may not be opened, handled or stored in a manner which may rupture the container or cause it to leak.
NR 664.0173 Note Note: Reuse of containers in transportation is governed by U.S. department of transportation regulations including those set forth in 49 CFR 173.28.
NR 664.0173 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0174 NR 664.0174Inspections. At least weekly, the owner or operator shall inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. The owner or operator shall comply with ss. NR 664.0015 (3) and 664.0171 for remedial action required if deterioration or leaks are detected.
NR 664.0174 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. 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 664.0175 NR 664.0175Containment.
NR 664.0175(1)(1)Container storage areas shall have a containment system that is designed and operated in accordance with sub. (2), except as otherwise provided by sub. (3).
NR 664.0175(2) (2)A containment system shall be designed and operated to meet all of the following requirements:
NR 664.0175(2)(a) (a) A base shall underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed.
NR 664.0175(2)(b) (b) The base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids.
NR 664.0175(2)(c) (c) The containment system shall have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.
NR 664.0175(2)(d) (d) Run-on into the containment system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in par. (c) to contain any run-on which might enter the system.
NR 664.0175(2)(e) (e) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.
NR 664.0175 Note Note: If the collected material is a hazardous waste under ch. NR 661, it shall be managed as a hazardous waste in accordance with all applicable requirements of chs. NR 662 to 666. If the collected material is discharged through a point source to waters of the state, it is subject to the requirements of ss. 283.31 and 283.33, Stats.
NR 664.0175(3) (3)Storage areas that store containers holding only wastes that do not contain free liquids need not have a containment system defined by sub. (2), except as provided by sub. (4), provided that either of the following conditions is met:
NR 664.0175(3)(a) (a) The storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation.
NR 664.0175(3)(b) (b) The containers are elevated or are otherwise protected from contact with accumulated liquid.
NR 664.0175(4) (4)Storage areas that store containers holding F020, F021, F022, F023, F026 or F027 wastes that do not contain free liquids shall have a containment system defined by sub. (2).
NR 664.0175 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0176 NR 664.0176Special requirements for ignitable or reactive waste. Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line.
NR 664.0176 Note Note: See s. NR 664.0017(1) for additional requirements.
NR 664.0176 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0177 NR 664.0177Special requirements for incompatible wastes.
NR 664.0177(1)(1)Incompatible wastes, or incompatible wastes and materials (see ch. NR 664 Appendix V for examples) may not be placed in the same container, unless s. NR 664.0017 (2) is complied with.
NR 664.0177(2) (2)Hazardous waste may not be placed in an unwashed container that previously held an incompatible waste or material.
NR 664.0177 Note Note: As required by s. NR 664.0013, the waste analysis plan shall include analyses needed to comply with this section. Also, s. NR 664.0017(3) requires wastes analyses, trial tests or other documentation to assure compliance with s. NR 664.0017(2). As required by s. NR 664.0073, the owner or operator shall place the results of each waste analysis and trial test, and any documented information, in the operating record of the facility.
NR 664.0177(3) (3)A storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall or other device.
NR 664.0177 Note Note: The purpose of this section is to prevent fires, explosions, gaseous emission, leaching or other discharge of hazardous waste or hazardous waste constituents which could result from the mixing of incompatible wastes or materials if containers break or leak.
NR 664.0177 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 664.0178 NR 664.0178Closure. At closure, all hazardous waste and hazardous waste residues shall be removed from the containment system. Remaining containers, liners, bases and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed.
NR 664.0178 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with s. NR 661.0003 (4) that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 662 to 666.
NR 664.0178 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0179 NR 664.0179Air emission standards. The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of subchs. AA, BB and CC.
NR 664.0179 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. J of ch. NR 664 Subchapter J — Tank Systems
NR 664.0190 NR 664.0190Applicability. The requirements of this subchapter apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subs. (1) to (3) or in s. NR 664.0001.
NR 664.0190(1) (1)Tank systems that are used to store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in s. NR 664.0193. To demonstrate the absence or presence of free liquids in the stored or treated waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.
NR 664.0190(2) (2)Tank systems, including sumps, as defined in s. NR 660.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in s. NR 664.0193 (1).
NR 664.0190(3) (3)Tanks, sumps and other collection devices or systems used in conjunction with drip pads, as defined in s. NR 660.10 and regulated under subch. W, shall meet the requirements of this subchapter.
NR 664.0190 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.
NR 664.0191 NR 664.0191Assessment of existing tank system's integrity.
NR 664.0191(1)(1)For each existing tank system that does not have secondary containment meeting the requirements of s. NR 664.0193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in sub. (3), the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer, in accordance with s. NR 670.011 (4), that attests to the tank system's integrity by January 12, 1988.
NR 664.0191(2) (2)This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the wastes to be stored or treated, to ensure that it will not collapse, rupture or fail. At a minimum, this assessment shall consider all of the following:
NR 664.0191(2)(a) (a) Design standards, if available, according to which the tank and ancillary equipment were constructed.
NR 664.0191(2)(b) (b) Hazardous characteristics of the wastes that have been and will be handled.
NR 664.0191(2)(c) (c) Existing corrosion protection measures.
NR 664.0191(2)(d) (d) Documented age of the tank system, if available (otherwise, an estimate of the age).
NR 664.0191(2)(e) (e) Results of a leak test, internal inspection or other tank integrity examination such that:
NR 664.0191(2)(e)1. 1. For non-enterable underground tanks, the assessment shall include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets and high water table effects.
NR 664.0191(2)(e)2. 2. For other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as described in subd. 1., or other integrity examination, that is certified by a qualified professional engineer in accordance with s. NR 670.011 (4), that addresses cracks, leaks, corrosion, and erosion.
NR 664.0191 Note Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, “Atmospheric and Low-Pressure Storage Tanks", 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.
NR 664.0191(3) (3)Tank systems that store or treat materials that become hazardous wastes subsequent to March 1, 1991, shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste.
NR 664.0191(4) (4)If, as a result of the assessment conducted in accordance with sub. (1), a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of s. NR 664.0196.
NR 664.0191 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1), (2) (e) 2. Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.
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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.