NR 664.0227NR 664.0227 Emergency repairs; contingency plans. NR 664.0227(1)(1) A surface impoundment shall be removed from service in accordance with sub. (2) when either of the following occurs: NR 664.0227(1)(a)(a) The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment. NR 664.0227(2)(2) When a surface impoundment must be removed from service as required by sub. (1), the owner or operator shall do all of the following: NR 664.0227(2)(a)(a) Immediately shut off the flow or stop the addition of wastes into the impoundment. NR 664.0227(2)(b)(b) Immediately contain any surface leakage which has occurred or is occurring. NR 664.0227(2)(d)(d) Take any other necessary steps to stop or prevent catastrophic failure. NR 664.0227(2)(e)(e) If a leak cannot be stopped by any other means, empty the impoundment. NR 664.0227(2)(f)(f) Notify the department of the problem in writing within 7 days after detecting the problem. NR 664.0227(3)(3) As part of the contingency plan required in subch. D, the owner or operator shall specify a procedure for complying with the requirements of sub. (2). NR 664.0227(4)(4) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken: NR 664.0227(4)(a)(a) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike’s structural integrity shall be recertified in accordance with s. NR 664.0226 (3). NR 664.0227(4)(b)(b) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then both of the following apply: NR 664.0227(4)(b)2.2. For any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer as meeting the design specifications approved in the operating license. NR 664.0227(5)(5) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired shall be closed in accordance with the provisions of s. NR 664.0228. NR 664.0227 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0228(1)(a)(a) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003 (4) applies. NR 664.0228(1)(b)1.1. Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues. NR 664.0228(1)(b)2.2. Stabilize remaining wastes to a bearing capacity sufficient to support final cover. NR 664.0228(1)(b)3.3. Cover the surface impoundment with a final cover designed and constructed to do all of the following: NR 664.0228(1)(b)3.a.a. Provide long-term minimization of the migration of liquids through the closed impoundment. NR 664.0228(1)(b)3.e.e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present. NR 664.0228(2)(2) If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 664.0117 to 664.0120, including maintenance and monitoring throughout the long-term care period (specified in the operating license under s. NR 664.0117). The owner or operator shall do all of the following: NR 664.0228(2)(a)(a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events. NR 664.0228(2)(c)(c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F. NR 664.0228(2)(d)(d) Prevent run-on and run-off from eroding or otherwise damaging the final cover. NR 664.0228(3)(a)(a) If an owner or operator plans to close a surface impoundment in accordance with sub. (1) (a), and the impoundment does not comply with the liner requirements of s. NR 664.0221 (1) and is not exempt from them in accordance with s. NR 664.0221 (2), then both of the following apply: NR 664.0228(3)(a)1.1. The closure plan for the impoundment under s. NR 664.0112 shall include both a plan for complying with sub. (1) (a) and a contingent plan for complying with sub. (1) (b) in case not all contaminated subsoils can be practicably removed at closure. NR 664.0228(3)(a)2.2. The owner or operator shall prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure. NR 664.0228(3)(b)(b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of an impoundment subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) (a). NR 664.0228 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20. NR 664.0229NR 664.0229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of ch. NR 668, and sub. (1), (2) or (3): NR 664.0229(1)(1) The waste is treated, rendered or mixed before or immediately after placement in the impoundment so that both of the following apply: NR 664.0229(2)(2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react. NR 664.0229(3)(3) The surface impoundment is used solely for emergencies. NR 664.0229 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20. NR 664.0230NR 664.0230 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 664 Appendix V for examples) may not be placed in the same surface impoundment, unless s. NR 664.0017 (2) is complied with. NR 664.0230 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 664.0231NR 664.0231 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027. NR 664.0231(1)(1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. All of the following factors shall be considered: NR 664.0231(1)(a)(a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere. NR 664.0231(1)(b)(b) The attenuative properties of underlying and surrounding soils or other materials. NR 664.0231(1)(c)(c) The mobilizing properties of other materials co-disposed with these wastes. NR 664.0231(1)(d)(d) The effectiveness of additional treatment, design or monitoring techniques. NR 664.0231(2)(2) The department may determine that additional design, operating and monitoring requirements are necessary for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026 and F027 in order to reduce the possibility of migration of these wastes to groundwater, surface water or air so as to protect human health and the environment. NR 664.0231 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0232NR 664.0232 Air emission standards. The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of subchs. BB and CC. NR 664.0232 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0250(1)(1) This subchapter applies to owners and operators of facilities that store or treat hazardous waste in piles, except as s. NR 664.0001 provides otherwise. NR 664.0250(2)(2) This subchapter does not apply to owners or operators of waste piles that are closed with wastes left in place. Those waste piles are regulated under subch. N (landfills). NR 664.0250(3)(3) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not regulated under s. NR 664.0251 or under subch. F, if all of the following are met: NR 664.0250(3)(a)(a) Liquids or materials containing free liquids are not placed in the pile. NR 664.0250(3)(b)(b) The pile is protected from surface water run-on by the structure or in some other manner. NR 664.0250(3)(c)(c) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting. NR 664.0250(3)(d)(d) The pile will not generate leachate through decomposition or other reactions. NR 664.0250 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0251NR 664.0251 Design and operating requirements. NR 664.0251(1)(1) A waste pile (except for an existing portion of a waste pile) shall have both of the following: NR 664.0251(1)(a)(a) A liner that is designed, constructed and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or groundwater or surface water) during the active life of the facility. The liner shall be all of the following: NR 664.0251(1)(a)1.1. Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation. NR 664.0251(1)(a)2.2. Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift. NR 664.0251(1)(a)3.3. Installed to cover all surrounding earth likely to be in contact with the waste or leachate. NR 664.0251(1)(b)(b) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained and operated to collect and remove leachate from the pile. The department shall specify design and operating conditions in the operating license to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be both of the following: NR 664.0251(1)(b)1.a.a. Chemically resistant to the waste managed in the pile and the leachate expected to be generated. NR 664.0251(1)(b)1.b.b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials and any equipment used at the pile. NR 664.0251(1)(b)2.2. Designed and operated to function without clogging through the scheduled closure of the waste pile. NR 664.0251(2)(2) The owner or operator will be exempted from the requirements of sub. (1), if the department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see s. NR 664.0093) into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the department will consider all of the following: NR 664.0251(2)(c)(c) The hydrogeologic setting of the facility, including attenuative capacity and thickness of the liners and soils present between the pile and groundwater or surface water. NR 664.0251(2)(d)(d) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water. NR 664.0251(3)(3) The owner or operator of each new waste pile unit, each lateral expansion of a waste pile unit, and each replacement of an existing waste pile unit shall install 2 or more liners and a leachate collection and removal system above and between the liners.
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Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
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