NR 664.0309 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0310(1)(1) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to do all of the following: NR 664.0310(1)(a)(a) Provide long-term minimization of migration of liquids through the closed landfill. NR 664.0310(1)(d)(d) Accommodate settling and subsidence so that the cover’s integrity is maintained. NR 664.0310(1)(e)(e) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present. NR 664.0310(2)(2) After 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 664.0310(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 664.0310(2)(b)(b) Continue to operate the leachate collection and removal system until leachate is no longer detected. NR 664.0310(2)(d)(d) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F. NR 664.0310(2)(e)(e) Prevent run-on and run-off from eroding or otherwise damaging the final cover. NR 664.0310 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0312NR 664.0312 Special requirements for ignitable or reactive waste. NR 664.0312(1)(1) Except as provided in sub. (2), and in s. NR 664.0316, ignitable or reactive waste may not be placed in a landfill, unless the waste and landfill meet all applicable requirements of ch. NR 668 and both of the following: NR 664.0312(2)(2) Except for prohibited wastes which remain subject to treatment standards in subch. D of ch. NR 668, ignitable wastes in containers may be landfilled without meeting the requirements of sub. (1), provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes and may not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste. NR 664.0312 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 664.0313NR 664.0313 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 landfill cell, unless s. NR 664.0017 (2) is complied with. NR 664.0313 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 664.0314NR 664.0314 Special requirements for bulk and containerized liquids. NR 664.0314(1)(1) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. NR 664.0314(2)(2) To demonstrate the absence or presence of free liquids in either a containerized or a bulk 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 664.0314(3)(a)(a) All free-standing liquid is handled in one of the following ways: NR 664.0314(3)(a)2.2. It has been mixed with sorbent or solidified so that free-standing liquid is no longer observed. NR 664.0314(3)(c)(c) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor. NR 664.0314(4)(4) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in par. (a); materials that pass one of the tests in par. (b) or materials that are determined by EPA to be nonbiodegradable through the 40 CFR part 260 petition process. NR 664.0314(4)(a)1.1. Inorganic minerals, other inorganic materials and elemental carbon (for example, aluminosilicates, clays, smectites, Fuller’s earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides or hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal or activated carbon). NR 664.0314(4)(a)2.2. High molecular weight synthetic polymers (for example, polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable. NR 664.0314(4)(b)(b) The sorbent material may be determined to be nonbiodegradable using any of the following tests: NR 664.0314(4)(b)1.1. ASTM Method G21-70 (1984a)—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference in s. NR 660.11. NR 664.0314(4)(b)2.2. ASTM Method G22-76 (1984b)—Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference in s. NR 660.11. NR 664.0314(5)(5) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of the landfill demonstrates to the department, or the department determines, that both of the following apply: NR 664.0314(5)(a)(a) The only reasonably available alternative to the placement in the landfill is placement in a landfill or unlined surface impoundment, whether or not operating under an operating license or interim license, which contains, or may reasonably be anticipated to contain, hazardous waste. NR 664.0314(5)(b)(b) Placement in the owner or operator’s landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in 40 CFR 144.3). NR 664.0314 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (1), renum. (2) to (6) to (1) to (5) and, as renumbered, am.(1), (2), (4) (a) 1., 2., (5) Register July 2017 No. 739, eff. 8-1-17. NR 664.0315NR 664.0315 Special requirements for containers. Unless they are very small, such as an ampule, containers shall be either of the following: NR 664.0315(2)(2) Crushed, shredded or similarly reduced in volume to the maximum practical extent before burial in the landfill. NR 664.0315 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0316NR 664.0316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if all of the following requirements are met: NR 664.0316(1)(1) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the U.S. department of transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179), if those regulations specify a particular inside container for the waste. NR 664.0316(2)(2) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (49 CFR parts 178 and 179) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with s. NR 664.0314 (4), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material. NR 664.0316(3)(3) The sorbent material used may not be capable of reacting dangerously with, being decomposed by or being ignited by the contents of the inside containers, in accordance with s. NR 664.0017 (2). NR 664.0316(4)(4) Incompatible wastes, as defined in s. NR 660.10, may not be placed in the same outside container. NR 664.0316(5)(5) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in s. NR 661.0023 (1) (e), shall be treated or rendered non-reactive prior to packaging in accordance with subs. (1) to (4). Cyanide- and sulfide-bearing reactive waste may be packed in accordance with subs. (1) to (4) without first being treated or rendered non-reactive. NR 664.0316(6)(6) The disposal is in compliance with the requirements of ch. NR 668. Persons who incinerate lab packs according to the requirements in s. NR 668.42 (3) (a) may use fiber drums in place of metal outer containers. The fiber drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in sub. (2). NR 664.0316 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (2), (5) Register August 2020 No 776, eff. 9-1-20. NR 664.0317NR 664.0317 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027. NR 664.0317(1)(1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in a landfill unless the owner or operator operates the landfill in accord 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 664.0317(1)(a)(a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere. NR 664.0317(1)(b)(b) The attenuative properties of underlying and surrounding soils or other materials. NR 664.0317(1)(c)(c) The mobilizing properties of other materials co-disposed with these wastes. NR 664.0317(1)(d)(d) The effectiveness of additional treatment, design or monitoring requirements. NR 664.0317(2)(2) The department may determine that additional design, operating and monitoring requirements are necessary for landfills 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 664.0317 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0340(1)(1) This subchapter applies to owners and operators of hazardous waste incinerators (as defined in s. NR 660.10), except as s. NR 664.0001 provides otherwise. NR 664.0340(2)(a)(a) Except as provided by pars. (b) to (d), the standards of this subchapter do not apply to a new hazardous waste incineration unit that becomes subject to hazardous waste license requirements after October 12, 2005, and no longer apply when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting proof of a postmarked notification of compliance to the department under 40 CFR 63.1207 (j) and 63.1210 (d) documenting compliance with 40 CFR part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste license conditions that were based on the standards of this chapter will continue to be in effect until the department removes them from the license or denies, suspends or revokes the license, unless the license expressly provides otherwise. NR 664.0340(2)(d)(d) All of the following requirements remain in effect for startup, shutdown and malfunction events if the owner or operator elects to comply with s. NR 670.235 (1) (a) 1. to minimize emissions of toxic compounds from these events: NR 664.0340(2)(d)2.2. Section NR 664.0345 (3) requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. NR 664.0340(3)(3) After consideration of the waste analysis included with the feasibility and plan of operation report, the department, in establishing the license conditions, shall exempt the applicant from this subchapter except ss. NR 664.0341 and 664.0351, if all of the following conditions are met: NR 664.0340(3)(a)(a) The department finds that the waste to be burned is one of the following: NR 664.0340(3)(a)2.2. Listed as a hazardous waste in subch. D of ch. NR 661 solely because it is reactive (hazard code R) for characteristics other than those in s. NR 661.0023 (1) (d) and (e), and will not be burned when other hazardous wastes are present in the combustion zone. NR 664.0340(3)(a)3.3. A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity or both, as determined by the test for characteristics of hazardous wastes under subch. C of ch. NR 661. NR 664.0340(3)(b)(b) The waste analysis shows that the waste contains none of the hazardous constituents in ch. NR 661 Appendix VIII, which would reasonably be expected to be in the waste. NR 664.0340(4)(4) If the waste to be burned is one which is described by sub. (3) (a) 1., 2., 3. or 4. and contains insignificant concentrations of the hazardous constituents in ch. NR 661 Appendix VIII, then the department may, in establishing license conditions, exempt the applicant from all requirements of this subchapter, except ss. NR 664.0341 and 664.0351, after consideration of the waste analysis included with the feasibility and plan of operation report, unless the department finds that the waste will pose a threat to human health and the environment when burned in an incinerator. NR 664.0340 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013; CR 16-007: am. (2) (a), cr. (2) (e) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (2) (a), (c), r. (2) (e), am. (3) (a) 2., 4. Register August 2020 No 776, eff. 9-1-20; correction in (2) (a), (c), (3) (a) 2. made under s. 35.17, Stats., Register August 2020 No 776.
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