NR 664.0552(5)(d)5.b. b. The levels or methods in subd. 4. would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law).
NR 664.0552(5)(d)5.c. c. The views of the affected local community on the treatment levels or methods in subd. 4. as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels.
NR 664.0552(5)(d)5.d. d. The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subd. 4.
NR 664.0552(5)(d)5.e. e. The long-term protection offered by the engineering design of the CAMU and related engineering controls where any of the following apply:
1) The treatment standards in subd. 4. are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility.
2) Cost-effective treatment has been used and the CAMU meets the liner and leachate collection requirements for new land disposal units at s. NR 664.0301 (3) and (4).
3) After review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, and the CAMU meets the liner and leachate collection requirements for new land disposal units at s. NR 664.0301 (3) and (4).
4) Cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility.
5) After review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility and either the CAMU meets or exceeds the liner standards for new, replacement or laterally expanded CAMUs in par. (c) 1. and 2. or the CAMU provides substantially equivalent or greater protection.
NR 664.0552(5)(d)6. 6. The treatment required by the treatment standards shall be completed prior to, or within a reasonable time after, placement in the CAMU.
NR 664.0552(5)(d)7. 7. For the purpose of determining whether wastes placed in CAMUs have met site-specific treatment standards, the department may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.
NR 664.0552(5)(e) (e) Groundwater monitoring and corrective action requirements. Except as provided in sub. (6), requirements for groundwater monitoring and corrective action that are sufficient to do all of the following:
NR 664.0552(5)(e)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 664.0552(5)(e)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 664.0552(5)(e)3. 3. Require notification to the department and corrective action as necessary to protect human health and the environment for releases to groundwater from the CAMU.
NR 664.0552(5)(f) (f) Closure and long-term care requirements. Except as provided in sub. (6), all of the following closure and long-term care requirements:
NR 664.0552(5)(f)1. 1. Closure of corrective action management units shall do all of the following:
NR 664.0552(5)(f)1.a. a. Minimize the need for further maintenance.
NR 664.0552(5)(f)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 wastes, hazardous constituents, leachate, contaminated runoff or hazardous waste decomposition products to the ground, surface waters or the atmosphere.
NR 664.0552(5)(f)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 664.0552(5)(f)2.a. a. Requirements for excavation, removal, treatment or containment of wastes.
NR 664.0552(5)(f)2.b. b. Requirements for removal and decontamination of equipment, devices and structures used in CAMU-eligible waste management activities within the CAMU.
NR 664.0552(5)(f)3. 3. In establishing specific closure requirements for CAMUs under this subsection, the department shall consider all of the following factors:
NR 664.0552(5)(f)3.a. a. CAMU characteristics.
NR 664.0552(5)(f)3.b. b. Volume of wastes which remain in place after closure.
NR 664.0552(5)(f)3.c. c. Potential for releases from the CAMU.
NR 664.0552(5)(f)3.d. d. Physical and chemical characteristics of the waste.
NR 664.0552(5)(f)3.e. e. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases.
NR 664.0552(5)(f)3.f. f. Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
NR 664.0552(5)(f)4. 4. Cap requirements:
NR 664.0552(5)(f)4.a. a. At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator shall cover the CAMU with a final cover designed and constructed to meet all of the following performance criteria, except as provided in subd. 4. b.:
1) Provide long-term minimization of migration of liquids through the closed unit.
2) Function with minimum maintenance.
3) Promote drainage and minimize erosion or abrasion of the cover.
4) Accommodate settling and subsidence so that the cover's integrity is maintained.
5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
NR 664.0552(5)(f)4.b. b. The department may determine that modifications to the cap requirements of subd. 4. a. are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).
NR 664.0552(5)(f)5. 5. 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 664.0552(6) (6)In this section, “CAMUs that are used for storage or treatment only" means CAMUs in which wastes will not remain after closure. Those CAMUs shall be designated in accordance with all of the requirements of this section, except as follows.
NR 664.0552(6)(a) (a) CAMUs that are used for storage or treatment only and that operate according to the time limits established in the staging pile rules at s. NR 664.0554 (4) (a) 3., (8) and (9) are subject to the requirements for staging piles at s. NR 664.0554 (4) (a) 1. and 2. and (b), (5), (6), (10) and (11) in lieu of the performance standards and requirements for CAMUs in subs. (3) and (5) (c) to (f).
NR 664.0552(6)(b) (b) CAMUs that are used for storage or treatment only and that do not operate according to the time limits established in the staging pile rules at s. NR 664.0554 (4) (a) 3., (8) and (9):
NR 664.0552(6)(b)1. 1. Shall operate in accordance with a time limit, established by the department, that is no longer than necessary to achieve a timely remedy selected for the waste.
NR 664.0552(6)(b)2. 2. Are subject to the requirements for staging piles at s. NR 664.0554 (4) (a) 1. and 2. and (b), (5), (6), (10) and (11) in lieu of the performance standards and requirements for CAMUs in subs. (3) and (5) (d) and (f).
NR 664.0552(7) (7)CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements for liners at sub. (5) (c) 1., caps at sub. (5) (f) 4., groundwater monitoring requirements at sub. (5) (e) or, for treatment or storage-only CAMUs, the design standards at sub. (6).
NR 664.0552(8) (8)The department shall provide public notice and a reasonable opportunity for public comment before designating a CAMU. The notice shall include the rationale for any proposed adjustments under sub. (5) (d) 5. to the treatment standards in sub. (5) (d) 4.
NR 664.0552(9) (9)Notwithstanding any other provision of this section, the department may impose additional requirements as necessary to protect human health and the environment.
NR 664.0552(10) (10)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 664.0552(11) (11)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 664.0552 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (c) 2. to 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (1) Register August 2020 No 776, eff. 9-1-20.
NR 664.0553 NR 664.0553 Temporary units (TUs).
NR 664.0553(1)(1)For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under s. NR 664.0101, ss. 291.37 and 291.97 (1), Stats., or 42 USC 6928 (h) or at a licensed facility that is not subject to s. NR 664.0101, the department may designate a unit at the facility as a temporary unit. A temporary unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. For temporary units, the department may replace the design, operating or closure standard applicable to these units under this chapter or ch. NR 665 with alternative requirements which protect human health and the environment.
NR 664.0553(2) (2)Any temporary unit to which alternative requirements are applied in accordance with sub. (1) shall be all of the following:
NR 664.0553(2)(a) (a) Located within the facility boundary.
NR 664.0553(2)(b) (b) Used only for treatment or storage of remediation wastes.
NR 664.0553(3) (3)In establishing standards to be applied to a temporary unit, the department shall consider all of the following factors:
NR 664.0553(3)(a) (a) Length of time the unit will be in operation.
NR 664.0553(3)(b) (b) Type of unit.
NR 664.0553(3)(c) (c) Volumes of wastes to be managed.
NR 664.0553(3)(d) (d) Physical and chemical characteristics of the wastes to be managed in the unit.
NR 664.0553(3)(e) (e) Potential for releases from the unit.
NR 664.0553(3)(f) (f) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases.
NR 664.0553(3)(g) (g) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
NR 664.0553(4) (4)The department shall specify in the license or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The department shall also specify the design, operating and closure requirements for the unit.
NR 664.0553(5) (5)The department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the license or order, if the department determines that all of the following apply:
NR 664.0553(5)(a) (a) Continued operation of the unit will not pose a threat to human health and the environment.
NR 664.0553(5)(b) (b) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.
NR 664.0553(6) (6)Incorporation of a temporary unit or a time extension for a temporary unit into an existing license shall be any of the following:
NR 664.0553(6)(a) (a) Approved in accordance with the procedures for department-initiated license modifications under s. NR 670.041.
NR 664.0553(6)(b) (b) Requested by the owner or operator as a class II modification according to the procedures under s. NR 670.042.
NR 664.0553(7) (7)The department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make the documentation available to the public.
NR 664.0553 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 664.0554 NR 664.0554 Staging piles. This section is written in a special format to make it easier to understand the rule requirements. Like other department rules, this section establishes enforceable legal requirements. In this section, “I" and “you" refer to the owner or operator.
NR 664.0554(1) (1)What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in s. NR 660.10) that is not a containment building and is used only during remedial operations for temporary storage at a facility. A staging pile shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the staging pile originated. The department shall designate staging piles according to the requirements in this section. For the purposes of this section, “storage" includes mixing, sizing, blending or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.
NR 664.0554(2) (2)When may i use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the department has designated for that staging pile. The department shall designate the staging pile in a license or, at an interim license facility, in a license, closure plan or order (consistent with s. NR 670.072 (1) (e) and (2) (e)). The department shall establish conditions in the license, closure plan or order that comply with subs. (4) to (11).
NR 664.0554(3) (3)What information must i provide to get a staging pile designated? When seeking a staging pile designation, you shall provide all of the following:
NR 664.0554(3)(a) (a) Sufficient and accurate information to enable the department to impose standards and design criteria for your staging pile according to subs. (4) to (11).
NR 664.0554(3)(b) (b) Certification by a qualified professional engineer for technical data, such as design drawings and specifications, and engineering studies, unless the department determines, based on information that you provide, that this certification is not necessary to ensure that a staging pile will protect human health and the environment.
NR 664.0554(3)(c) (c) Any additional information the department determines is necessary to protect human health and the environment.
NR 664.0554(4) (4)What performance criteria must a staging pile satisfy? The department shall establish the standards and design criteria for the staging pile in the license, closure plan or order.
NR 664.0554(4)(a) (a) The standards and design criteria shall comply with all of the following:
NR 664.0554(4)(a)1. 1. The staging pile shall facilitate a reliable, effective and protective remedy.
NR 664.0554(4)(a)2. 2. The staging pile shall be designed so as to prevent or minimize releases of hazardous wastes and hazardous constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to protect human health and the environment (for example, through the use of liners, covers, run-off or run-on controls, as appropriate).
NR 664.0554(4)(a)3. 3. The staging pile may not operate for more than 2 years, except when the department grants an operating term extension under sub. (9). You shall measure the 2-year limit, or other operating term specified by the department in the license, closure plan or order, from the first time you place remediation waste into a staging pile. You shall maintain a record of the date when you first placed remediation waste into the staging pile for the life of the license, closure plan, or order, or for 3 years, whichever is longer.
NR 664.0554(4)(b) (b) In setting the standards and design criteria, the department shall consider all of the following factors:
NR 664.0554(4)(b)1. 1. Length of time the pile will be in operation.
NR 664.0554(4)(b)2. 2. Volumes of wastes you intend to store in the pile.
NR 664.0554(4)(b)3. 3. Physical and chemical characteristics of the wastes to be stored in the unit.
NR 664.0554(4)(b)4. 4. Potential for releases from the unit.
NR 664.0554(4)(b)5. 5. Hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases.
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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.