NR 665.0015 NR 665.0015General inspection requirements.
NR 665.0015(1)(1)The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors and discharges which may be causing, or may lead to, release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
NR 665.0015(2)(a)(a) The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting or responding to environmental or human health hazards.
NR 665.0015(2)(b) (b) The owner or operator shall keep this schedule at the facility.
NR 665.0015(2)(c) (c) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
NR 665.0015(2)(d) (d) The frequency of inspection may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in ss. NR 665.0174, 665.0193, 665.0195, 665.0226, 665.0260, 665.0304, 665.0347, 665.0377, 665.0403, 665.1033, 665.1052, 665.1053, 665.1058 and 665.1084 to 665.1090, where applicable.
NR 665.0015(3) (3)The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
NR 665.0015(4) (4)The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least 3 years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made and the date and nature of any repairs or other remedial actions.
NR 665.0015 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0016 NR 665.0016Personnel training.
NR 665.0016(1)(a) (a) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under sub. (4) (c).
NR 665.0016(1)(b) (b) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
NR 665.0016(1)(c) (c) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment and emergency systems, including, where applicable, all of the following:
NR 665.0016(1)(c)1. 1. Procedures for using, inspecting, repairing and replacing facility emergency and monitoring equipment.
NR 665.0016(1)(c)2. 2. Key parameters for automatic waste feed cut-off systems.
NR 665.0016(1)(c)3. 3. Communications or alarm systems.
NR 665.0016(1)(c)4. 4. Response to fires or explosions.
NR 665.0016(1)(c)5. 5. Response to groundwater contamination incidents.
NR 665.0016(1)(c)6. 6. Shutdown of operations.
NR 665.0016(1)(d) (d) For facility personnel that receive emergency response training pursuant to occupational safety and health administration (OSHA) regulations 29 CFR 1910.120 (p) (8) and (q), the facility is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the requirements of this section.
NR 665.0016(2) (2)Facility personnel shall successfully complete the program required in sub. (1) within 6 months after August 1, 2006 or 6 months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after August 1, 2006 may not work in unsupervised positions until they have completed the training requirements of sub. (1).
NR 665.0016(3) (3)Facility personnel shall take part in an annual review of the initial training required in sub. (1).
NR 665.0016(4) (4)The owner or operator shall maintain all of the following documents and records at the facility:
NR 665.0016(4)(a) (a) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.
NR 665.0016(4)(b) (b) A written job description for each position listed under par. (a). This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education or other qualifications, and duties of facility personnel assigned to each position.
NR 665.0016(4)(c) (c) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under par. (a).
NR 665.0016(4)(d) (d) Records that document that the training or job experience required under subs. (1), (2) and (3) has been given to, and completed by, facility personnel.
NR 665.0016(5) (5)Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least 3 years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
NR 665.0016 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: cr. (1) (d) Register July 2017 No. 739, eff. 8-1-17.
NR 665.0017 NR 665.0017General requirements for ignitable, reactive or incompatible wastes.
NR 665.0017(1)(1)The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions) and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. “No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
NR 665.0017(2) (2)Where specifically required by other sections of this chapter, the treatment, storage or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not do any of the following:
NR 665.0017(2)(a) (a) Generate extreme heat or pressure, fire or explosion or violent reaction.
NR 665.0017(2)(b) (b) Produce uncontrolled toxic mists, fumes, dusts or gases in sufficient quantities to threaten human health.
NR 665.0017(2)(c) (c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.
NR 665.0017(2)(d) (d) Damage the structural integrity of the device or facility containing the waste.
NR 665.0017(2)(e) (e) Through other like means threaten human health or the environment.
NR 665.0017 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0018 NR 665.0018Location standards. The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave, wetland, or critical habitat is prohibited.
NR 665.0018 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0019 NR 665.0019Construction quality assurance program.
NR 665.0019(1)(1)CQA program.
NR 665.0019(1)(a)(a) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile and landfill units that are required to comply with ss. NR 665.0221 (1), 665.0254 and 665.0301 (1). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the interim license. The program shall be developed and implemented under the direction of a CQA officer who is a registered professional engineer.
NR 665.0019(1)(b) (b) The CQA program shall address all of the following physical components, where applicable:
NR 665.0019(1)(b)1. 1. Foundations.
NR 665.0019(1)(b)3. 3. Low-permeability soil liners.
NR 665.0019(1)(b)4. 4. Geomembranes (flexible membrane liners).
NR 665.0019(1)(b)5. 5. Leachate collection and removal systems and leak detection systems.
NR 665.0019(1)(b)6. 6. Final cover systems.
NR 665.0019(2) (2) Written cqa plan. Before construction begins on a unit subject to the CQA program under sub. (1), the owner or operator shall develop a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include all of the following:
NR 665.0019(2)(a) (a) Identification of applicable units, and a description of how they will be constructed.
NR 665.0019(2)(b) (b) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
NR 665.0019(2)(c) (c) A description of inspection and sampling activities for all unit components identified in sub. (1) (b), including observations and tests that will be used before, during and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover sampling size and locations, frequency of testing, data evaluation procedures, acceptance and rejection criteria for construction materials, plans for implementing corrective measures and data or other information to be recorded and retained in the operating record under s. NR 665.0073.
NR 665.0019(3) (3) Contents of program.
NR 665.0019(3)(a)(a) The CQA program shall include observations, inspections, tests and measurements sufficient to ensure all of the following:
NR 665.0019(3)(a)1. 1. Structural stability and integrity of all components of the unit identified in sub. (1) (b).
NR 665.0019(3)(a)2. 2. Proper construction of all components of the liners, leachate collection and removal system, leak detection system and final cover system, according to interim license specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications.
NR 665.0019(3)(a)3. 3. Conformity of all materials used with design and other material specifications under ss. NR 664.0221, 664.0251 and 664.0301.
NR 665.0019(3)(b) (b) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a), 664.0251 (3) (a) and 664.0301 (3) (a) in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of ss. NR 664.0221 (3) (a), 664.0251 (3) (a) and 664.0301 (3) (a) in the field.
NR 665.0019(4) (4) Certification. The owner or operator of units subject to s. NR 665.0019 shall submit to the department by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of s. NR 665.0221 (1), 665.0254 or 665.0301 (1). The owner or operator may receive waste in the unit after 30 days from the department's receipt of the CQA certification unless the department determines in writing that the construction is not acceptable, extends the review period for a maximum of 30 more days or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification shall be furnished to the department upon request.
NR 665.0019 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0020 NR 665.0020Schedule of compliance for corrective action. The license issued under s. 291.25 (4), Stats., shall contain schedules of compliance for the corrective action and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats.
NR 665.0020 History History: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2021 No. 784.
subch. C of ch. NR 665 Subchapter C — Preparedness and Prevention
NR 665.0030 NR 665.0030Applicability. This subchapter applies to owners and operators of all hazardous waste facilities, except as s. NR 665.0001 provides otherwise.
NR 665.0030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0031 NR 665.0031Maintenance and operation of facility. Facilities shall be maintained and operated to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water which could threaten human health or the environment.
NR 665.0031 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0032 NR 665.0032Required equipment. All facilities shall be equipped with all of the following, unless none of the hazards posed by waste handled at the facility could require any of the following particular kinds of equipment:
NR 665.0032(1) (1)An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.
NR 665.0032(2) (2)A device, such as a telephone (immediately available at the scene of operations) or a hand-held 2-way radio, capable of summoning emergency assistance from local police departments, fire departments or state or local emergency response teams.
NR 665.0032(3) (3)Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas or dry chemicals), spill control equipment and decontamination equipment.
NR 665.0032(4) (4)Water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers or water spray systems.
NR 665.0032 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0033 NR 665.0033Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
NR 665.0033 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0034 NR 665.0034Access to communications or alarm system.
NR 665.0034(1)(1)Whenever hazardous waste is being poured, mixed, spread or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under s. NR 665.0032.
NR 665.0034(2) (2)If there is ever just one employee on the premises while the facility is operating, that employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held 2-way radio, capable of summoning external emergency assistance, unless such a device is not required under s. NR 665.0032.
NR 665.0034 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0035 NR 665.0035Required aisle space. The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
NR 665.0035 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 665.0037 NR 665.0037Arrangements with local authorities.
NR 665.0037(1)(1)The owner or operator shall attempt to make all of the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:
NR 665.0037(1)(a) (a) Arrangements to familiarize police, fire departments and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes.
NR 665.0037(1)(b) (b) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority.
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.