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NR 664.0347(1)(b) (b) Monitor CO on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere.
NR 664.0347(1)(c) (c) Upon request by the department, sample and analyze the waste and exhaust emissions to verify that the operating requirements established in the license achieve the performance standards of s. NR 664.0343.
NR 664.0347(2) (2)The owner or operator shall subject the incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions and signs of tampering.
NR 664.0347(3) (3)The owner or operator shall test the emergency waste feed cutoff system and associated alarms at least weekly to verify operability, unless the applicant demonstrates to the department that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, the owner or operator shall conduct operational testing at least monthly.
NR 664.0347(4) (4)The owner or operator shall record this monitoring and inspection data and place the records in the operating log required by s. NR 664.0073 and maintain it in the operating record for a minimum of 5 years.
NR 664.0347 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) Register July 2017 No. 739, eff. 8-1-17.
NR 664.0351 NR 664.0351Closure. At closure the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters and scrubber sludges) from the incinerator site.
NR 664.0351 Note Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, according to s. NR 661.0003 (4), that the residue removed from the incinerator is not hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it according to the applicable requirements of chs. NR 662 to 666.
NR 664.0351 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. S of ch. NR 664 Subchapter S — Special Provisions for Cleanup
NR 664.0550 NR 664.0550Applicability of corrective action management unit (CAMU) rules.
NR 664.0550(1)(1)Except as provided in sub. (2), CAMUs are subject to the requirements of s. NR 664.0552.
NR 664.0550(2) (2)CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the department on or before November 20, 2000, are subject to the requirements in s. NR 664.0551 for grandfathered CAMUs; CAMU waste, activities and design will not be subject to the standards in s. NR 664.0552, so long as the waste, activities and design remain within the general scope of the CAMU as approved.
NR 664.0550 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0551 NR 664.0551Grandfathered corrective action management units (CAMUs).
NR 664.0551(1)(1)To implement remedies under s. NR 664.0101, s. 291.37, Stats., or 42 USC 6928 (h) or to implement remedies at a licensed facility that is not subject to s. NR 664.0101, the department may designate an area at the facility as a corrective action management unit under the requirements in this section. In this section, “corrective action management unit" or “CAMU" means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A CAMU shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
NR 664.0551(1)(a) (a) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
NR 664.0551(1)(b) (b) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.
NR 664.0551(2)(a)(a) The department may designate a regulated unit (as defined in s. NR 664.0090 (1) (b)) as a CAMU, or may incorporate a regulated unit into a CAMU, if all of the following apply:
NR 664.0551(2)(a)1. 1. The regulated unit is closed or closing, meaning it has begun the closure process under s. NR 664.0113 or 665.0113.
NR 664.0551(2)(a)2. 2. Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.
NR 664.0551(2)(b) (b) The subchs. F, G and H requirements and the unit-specific requirements of this chapter or ch. NR 665 that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.
NR 664.0551(3) (3)The department shall designate a CAMU in accordance with all of the following:
NR 664.0551(3)(a) (a) The CAMU shall facilitate the implementation of reliable, effective, protective and cost-effective remedies.
NR 664.0551(3)(b) (b) Waste management activities associated with the CAMU may not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents.
NR 664.0551(3)(c) (c) The CAMU shall include uncontaminated areas of the facility, only if including the areas for the purpose of managing remediation waste is more protective than management of the wastes at contaminated areas of the facility.
NR 664.0551(3)(d) (d) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and contained so as to minimize future releases, to the extent practicable.
NR 664.0551(3)(e) (e) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable.
NR 664.0551(3)(f) (f) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility or volume of wastes that will remain in place after closure of the CAMU.
NR 664.0551(3)(g) (g) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU.
NR 664.0551(4) (4)The owner or operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in s. NR 664.0552.
NR 664.0551(5) (5)The department shall specify, in the license or order, requirements for CAMUs to include all of the following:
NR 664.0551(5)(a) (a) The areal configuration of the CAMU.
NR 664.0551(5)(b) (b) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
NR 664.0551(5)(c) (c) Requirements for groundwater monitoring that are sufficient to do all of the following:
NR 664.0551(5)(c)1. 1. Continue to detect and to characterize the nature, extent, concentration, direction and movement of existing releases of hazardous constituents in groundwater from sources located within the CAMU.
NR 664.0551(5)(c)2. 2. Detect and subsequently characterize releases of hazardous constituents to groundwater that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU.
NR 664.0551(5)(d) (d) Closure and long-term care requirements.
NR 664.0551(5)(d)1. 1. Closure of corrective action management units shall do all of the following:
NR 664.0551(5)(d)1.a. a. Minimize the need for further maintenance.
NR 664.0551(5)(d)1.b. b. Control, minimize or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff or hazardous waste decomposition products to the ground, to surface waters or to the atmosphere.
NR 664.0551(5)(d)2. 2. Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU:
NR 664.0551(5)(d)2.a. a. Requirements for excavation, removal, treatment or containment of wastes.
NR 664.0551(5)(d)2.b. b. For areas in which wastes will remain after closure of the CAMU, requirements for capping of the areas.
NR 664.0551(5)(d)2.c. c. Requirements for removal and decontamination of equipment, devices and structures used in remediation waste management activities within the CAMU.
NR 664.0551(5)(d)3. 3. In establishing specific closure requirements for CAMUs under s. NR 664.0552 (5), the department shall consider all of the following factors:
NR 664.0551(5)(d)3.a. a. CAMU characteristics.
NR 664.0551(5)(d)3.b. b. Volume of wastes which remain in place after closure.
NR 664.0551(5)(d)3.c. c. Potential for releases from the CAMU.
NR 664.0551(5)(d)3.d. d. Physical and chemical characteristics of the waste.
NR 664.0551(5)(d)3.e. e. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases.
NR 664.0551(5)(d)3.f. f. Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
NR 664.0551(5)(d)4. 4. Long-term care requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities and the frequency with which the activities shall be performed to ensure the integrity of any cap, final cover or other containment system.
NR 664.0551(6) (6)The department shall document the rationale for designating CAMUs and shall make the documentation available to the public.
NR 664.0551(7) (7)Incorporation of a CAMU into an existing license shall be approved by the department according to the procedures for department-initiated license modifications under s. NR 670.041, or according to the license modification procedures of s. NR 670.042.
NR 664.0551(8) (8)The designation of a CAMU does not change the department's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility or other remedy selection decisions.
NR 664.0551 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.
NR 664.0552 NR 664.0552Corrective action management units (CAMUs).
NR 664.0552(1)(1)To implement remedies under s. NR 664.0101, ss. 291.37 and 291.97 (1), Stats., or 42 USC 6928 (h) or to implement remedies at a licensed facility that is not subject to s. NR 664.0101, the department may designate an area at the facility as a corrective action management unit under the requirements in this section. In this section, “corrective action management unit" or “CAMU" means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
NR 664.0552(1)(a) (a) In this section, “ CAMU-eligible waste" means all of the following:
NR 664.0552(1)(a)1. 1. All solid and hazardous wastes, and all media (including groundwater, surface water, soils and sediments) and debris, that are managed for implementing cleanup. As-generated wastes (either hazardous or non-hazardous) from ongoing industrial operations at a site are not CAMU-eligible wastes.
NR 664.0552(1)(a)2. 2. Wastes that would otherwise meet the description in subd. 1. are not CAMU-eligible wastes if any of the following apply:
NR 664.0552(1)(a)2.a. a. The wastes are hazardous wastes found during cleanup in intact or substantially intact containers, tanks or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup.
NR 664.0552(1)(a)2.b. b. The department exercises the discretion in par. (b) to prohibit the wastes from management in a CAMU.
NR 664.0552(1)(a)3. 3. Notwithstanding subd. 1., where appropriate, as-generated non-hazardous waste may be placed in a CAMU, where the waste is being used to facilitate treatment or the performance of the CAMU.
NR 664.0552(1)(b) (b) The department may prohibit, where appropriate, the placement of waste in a CAMU where the department has or receives information that the wastes have not been managed in compliance with applicable land disposal treatment standards of ch. NR 668, or applicable unit design requirements of this chapter or applicable unit design requirements of ch. NR 665, or that non-compliance with other applicable requirements of chs. NR 660 to 673 likely contributed to the release of the waste.
NR 664.0552(1)(c) (c) Prohibition against placing liquids in CAMUs.
NR 664.0552(1)(c)1.1. The placement of bulk or noncontainerized liquid hazardous waste or free liquids contained in hazardous waste, whether or not sorbents have been added, in any CAMU is prohibited except where placement of the wastes facilitates the remedy selected for the waste.
NR 664.0552(1)(c)2. 2. The requirements in s. NR 664.0314 (3) for placement of containers holding free liquids in landfills apply to placement in a CAMU except where placement facilitates the remedy selected for the waste.
NR 664.0552(1)(c)3. 3. The placement of any liquid which is not a hazardous waste in a CAMU is prohibited unless the placement facilitates the remedy selected for the waste or a demonstration is made pursuant to s. NR 664.0314 (5).
NR 664.0552(1)(c)4. 4. The absence or presence of free liquids in either a containerized or a bulk waste shall be determined in accordance with s. NR 664.0314 (2). Sorbents used to treat free liquids in CAMUs shall meet the requirements of s. NR 664.0314 (4).
NR 664.0552(1)(d) (d) Placement of CAMU-eligible wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
NR 664.0552(1)(e) (e) Consolidation or placement of CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.
NR 664.0552(2)(a)(a) The department may designate a regulated unit (as defined in s. NR 664.0090 (1) (b)) as a CAMU, or may incorporate a regulated unit into a CAMU, if all of the following apply:
NR 664.0552(2)(a)1. 1. The regulated unit is closed or closing, meaning it has begun the closure process under s. NR 664.0113 or 665.0113.
NR 664.0552(2)(a)2. 2. Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.
NR 664.0552(2)(b) (b) The subchs. F, G and H requirements and the unit-specific requirements of this chapter or ch. NR 665 that applied to the regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.
NR 664.0552(3) (3)The department shall designate a CAMU that will be used for storage or treatment only in accordance with sub. (6). The department shall designate all other CAMUs in accordance with all of the following:
NR 664.0552(3)(a) (a) The CAMU shall facilitate the implementation of reliable, effective, protective and cost-effective remedies.
NR 664.0552(3)(b) (b) Waste management activities associated with the CAMU may not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents.
NR 664.0552(3)(c) (c) The CAMU shall include uncontaminated areas of the facility, only if including the areas for the purpose of managing CAMU-eligible waste is more protective than management of the wastes at contaminated areas of the facility.
NR 664.0552(3)(d) (d) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and contained so as to minimize future releases, to the extent practicable.
NR 664.0552(3)(e) (e) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable.
NR 664.0552(3)(f) (f) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility or volume of wastes that will remain in place after closure of the CAMU.
NR 664.0552(3)(g) (g) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU.
NR 664.0552(4) (4)The owner or operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in this section. This shall include, unless not reasonably available, information on all of the following:
NR 664.0552(4)(a) (a) The origin of the waste and how it was subsequently managed (including a description of the timing and circumstances surrounding the disposal or release).
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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.