NR 670.026(2) (2)If an exemption is sought to subch. F of ch. NR 664, as provided by s. NR 664.0090, detailed plans and an engineering report describing how s. NR 664.0090 (2) (b) will be met.
NR 670.026(3) (3)Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet s. NR 664.0573, including the as-built drawings and specifications. This submission shall address all of the following items as specified in s. NR 664.0571:
NR 670.026(3)(a) (a) The design characteristics of the drip pad.
NR 670.026(3)(b) (b) The liner system.
NR 670.026(3)(c) (c) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time.
NR 670.026(3)(d) (d) Practices designed to maintain drip pads.
NR 670.026(3)(e) (e) The associated collection system.
NR 670.026(3)(f) (f) Control of run-on to the drip pad.
NR 670.026(3)(g) (g) Control of run-off from the drip pad.
NR 670.026(3)(h) (h) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad.
NR 670.026(3)(i) (i) Procedures for cleaning the drip pad at least once every 7 days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time and cleaning procedure used each time the pad is cleaned.
NR 670.026(3)(j) (j) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized.
NR 670.026(3)(k) (k) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices.
NR 670.026(3)(L) (L) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
NR 670.026(3)(m) (m) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals.
NR 670.026(3)(n) (n) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet s. NR 664.0573. This information shall be included in the inspection plan submitted under s. NR 670.014 (2) (e).
NR 670.026(3)(o) (o) A certification signed by a qualified professional engineer, stating that the drip pad design meets s. NR 664.0573 (1) to (6).
NR 670.026(3)(p) (p) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under s. NR 664.0575 (1). For any waste not to be removed from the drip pad upon closure, the owner or operator shall submit detailed plans and an engineering report describing how s. NR 664.0310 (1) and (2) will be complied with. This information shall be included in the closure plan and, where applicable, the long-term care plan submitted under s. NR 670.014 (2) (m).
NR 670.026 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (3) (o) Register July 2017 No. 739, eff. 8-1-17.
NR 670.027 NR 670.027Specific feasibility and plan of operation report information requirements for air emission controls for tanks, surface impoundments and containers.
NR 670.027(1)(1)Except as otherwise provided in s. NR 664.0001, owners and operators of tanks, surface impoundments or containers that use air emission controls according to subch. CC of ch. NR 664 shall provide all of the following additional information:
NR 670.027(1)(a) (a) Documentation for each floating roof cover installed on a tank subject to s. NR 664.1084 (4) (a) or (b) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in s. NR 664.1084 (5) (a) or (6) (a).
NR 670.027(1)(b) (b) Identification of each container area subject to subch. CC of ch. NR 664 and certification by the owner or operator that the requirements of this subchapter are met.
NR 670.027(1)(c) (c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers according to s. NR 664.1084 (4) (e) or 664.1086 (5) (a) 2. that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
NR 670.027(1)(d) (d) Documentation for each floating membrane cover installed on a surface impoundment according to s. NR 664.1085 (3) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in s. NR 664.1085 (3) (a).
NR 670.027(1)(e) (e) Documentation for each closed-vent system and control device installed according to s. NR 664.1087 that includes design and performance information as specified in s. NR 670.024 (3) and (4).
NR 670.027(1)(f) (f) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A, incorporated by reference in s. NR 660.11, and control device monitoring methods. This plan shall include the following information: monitoring points, monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances and procedures for mitigating noncompliances.
NR 670.027(1)(g) (g) When an owner or operator of a facility subject to subch. CC of ch. NR 665 cannot comply with subch. CC of ch. NR 664 by the date of license issuance, the schedule of implementation required under s. NR 665.1082.
NR 670.027 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 670.028 NR 670.028Information requirements for long-term care licenses. For long-term care licenses, the owner or operator shall submit only the information specified in ss. NR 670.014 (2) (a), (d) to (f), (k), (m), (n), (p) and (s), (3) and (4), unless the department determines that additional information from s. NR 670.014, 670.016, 670.017, 670.018 or 670.021 is necessary. The owner or operator shall submit the same information when an alternative authority is used in lieu of a long-term care license as provided in s. NR 670.001 (3) (g).
NR 670.028 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 670.029 NR 670.029License denial. The department may, pursuant to the procedures in s. NR 670.043 (2) and subch. L, deny the license application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
NR 670.029 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
subch. C of ch. NR 670 Subchapter C — License Conditions
NR 670.030 NR 670.030Conditions applicable to all operating licenses. The following conditions apply to all hazardous waste licenses, and shall be incorporated into the operating license either expressly or by reference. If incorporated by reference, a specific citation to this chapter shall be given in the license.
NR 670.030(1) (1) Duty to comply. The licensee shall comply with all conditions of the operating license, except that the licensee need not comply with the conditions of the operating license to the extent and for the duration the noncompliance is authorized in an emergency license under s. NR 670.061. Any license noncompliance, except under the terms of an emergency license, constitutes a violation of ch. 291, Stats., and chs. NR 660 to 673 and is grounds for enforcement action; for license revocation, suspension, or modification; or for denial of a license reissuance application.
NR 670.030(2) (2) Duty to reapply. If the licensee wishes to continue an activity regulated by an operating license after the expiration date of the operating license, the licensee shall apply for and obtain a new operating license.
NR 670.030(3) (3) Need to halt or reduce activity not a defense. It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license.
NR 670.030(4) (4) License noncompliance. In the event of noncompliance with the license, the licensee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.
NR 670.030(5) (5) Proper operation and maintenance. The licensee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the licensee to achieve compliance with the conditions of the license. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the license.
NR 670.030(6) (6) License actions. A license may be modified, suspended, or revoked. The filing of a request by the licensee for a license modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any license condition.
NR 670.030(7) (7) Property rights. The license does not convey any property rights of any sort, or any exclusive privilege.
NR 670.030(8) (8) Duty to provide information. The licensee shall furnish to the department, within a reasonable time, any relevant information which the department may request to determine whether cause exists for modifying, revoking or suspending the license, or to determine compliance with the license. The licensee shall also furnish to the department, upon request, copies of records required to be kept by the license.
NR 670.030(9) (9) Inspection and entry. The licensee shall allow any employee, officer or authorized representative of the department, with notice provided no later than upon arrival, to do all of the following:
NR 670.030(9)(a) (a) Enter the licensee's premises where a regulated facility or activity is located or conducted, or where records are kept.
NR 670.030(9)(b) (b) Have access to and copy, at reasonable times, any records relating to hazardous waste.
NR 670.030(9)(c) (c) Inspect any facilities, vehicles, equipment (including monitoring and control equipment), practices or operations and any hazardous waste facility construction project.
NR 670.030(9)(d) (d) Monitor or sample, in compliance with s. 291.91 (2), Stats., any substances or parameters at any location where a regulated facility or activity is located or conducted.
NR 670.030(10) (10) Monitoring and records.
NR 670.030(10)(a)(a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
NR 670.030(10)(b) (b) The licensee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this license, the certification required by s. NR 664.0073 (2) (i), and records of all data used to complete the application for this license, for a period of at least 3 years from the date of the sample, measurement, report, certification or application. This period may be extended by request of the department at any time. The licensee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations, for the active life of the facility, and for disposal facilities for the long-term care period as well.
NR 670.030(10)(c) (c) Records for monitoring information shall include all of the following:
NR 670.030(10)(c)1. 1. The date, exact place and time of sampling or measurements.
NR 670.030(10)(c)2. 2. The individuals who performed the sampling or measurements.
NR 670.030(10)(c)3. 3. The dates analyses were performed.
NR 670.030(10)(c)4. 4. The individuals who performed the analyses.
NR 670.030(10)(c)5. 5. The analytical techniques or methods used.
NR 670.030(10)(c)6. 6. The results of these analyses.
NR 670.030(11) (11) Signatory requirements. All applications, reports or information submitted to the department shall be signed and certified (see s. NR 670.011).
NR 670.030(12) (12) Reporting requirements.
NR 670.030(12)(a)(a) Planned changes. The owner or operator shall give notice to the department as soon as possible of any planned physical alterations or additions to the licensed facility.
NR 670.030(12)(b) (b) Anticipated noncompliance. The owner or operator shall give advance notice to the department of any planned changes in the licensed facility or activity which may result in noncompliance with license requirements. For a new facility, the owner or operator may not treat, store or dispose of hazardous waste; and for a facility being modified, the owner or operator may not treat, store or dispose of hazardous waste in the modified portion of the facility except as provided in s. NR 670.042, until the owner or operator has submitted to the department by certified mail or hand delivery a letter signed by the owner or operator and a registered professional engineer stating that the facility has been constructed or modified in compliance with the approved feasibility and plan of operation report and one of the following:
NR 670.030(12)(b)1. 1. The department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the approved feasibility and plan of operation report.
NR 670.030(12)(b)2. 2. Within 15 days of the date of submission of the letter in this paragraph, the owner or operator has not received notice from the department of the department's intent to inspect, prior inspection is waived and the department shall proceed with issuing the operating license.
NR 670.030(12)(c) (c) Transfers. This license is not transferable to any person except after notice to the department. The department may require modification or revocation and reissuance of the license to change the name of the licensee and incorporate other requirements as may be necessary under s. 289.61, Stats., and s. NR 670.040.
NR 670.030(12)(d) (d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this license.
NR 670.030(12)(e) (e) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this license shall be submitted no later than 14 days following each schedule date.
NR 670.030(12)(f) (f) Twenty four hour reporting.
NR 670.030(12)(f)1.1. The licensee shall orally report any noncompliance which may endanger health or the environment within 24 hours from the time the licensee becomes aware of the circumstances, including all of the following:
NR 670.030(12)(f)1.a. a. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.
NR 670.030(12)(f)1.b. b. Any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.
NR 670.030(12)(f)2. 2. The description of the occurrence and its cause shall include all of the following:
NR 670.030(12)(f)2.a. a. Name, address and telephone number of the owner or operator.
NR 670.030(12)(f)2.b. b. Name, address and telephone number of the facility.
NR 670.030(12)(f)2.c. c. Date, time and type of incident.
NR 670.030(12)(f)2.d. d. Name and quantity of materials involved.
NR 670.030(12)(f)2.e. e. The extent of injuries, if any.
NR 670.030(12)(f)2.f. f. An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable.
NR 670.030(12)(f)2.g. g. Estimated quantity and disposition of recovered material that resulted from the incident.
NR 670.030(12)(f)3. 3. A written submission shall also be provided to the department within 5 days of the time the licensee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. The department may waive the 5 day written notice requirement in favor of a written report within 15 days.
NR 670.030 Note Note: A person responsible for the discharge of a hazardous substance must comply with the applicable requirements of s. 292.11, Stats. and ch. NR 706 which includes giving notice to division of emergency management at (800) 943-0003.
NR 670.030(12)(g) (g) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the licensee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the licensee shall submit a letter report, including a copy of the manifest, to the department (see s. NR 664.0072).
NR 670.030(12)(h) (h) Unmanifested waste report. An unmanifested waste report shall be submitted to the department within 15 days of receipt of unmanifested waste (see s. NR 664.0076).
NR 670.030(12)(i) (i) Annual report. An annual report shall be submitted covering facility activities during each calendar year (see s. NR 664.0075).
NR 670.030(12)(j) (j) Other noncompliance. The licensee shall report all instances of noncompliance not reported under pars. (d), (e) and (f), at the time monitoring reports are submitted. The reports shall contain the information listed in par. (f).
NR 670.030(12)(k) (k) Other information. Where the licensee becomes aware that it failed to submit any relevant facts in the license application, or submitted incorrect information in the license application or in any report to the department, it shall promptly submit the facts or information.
NR 670.030(13) (13)Information repository. The department may require the licensee to establish and maintain an information repository at any time, based on the factors set forth in s. NR 670.433 (2). The information repository will be governed by the provisions in s. NR 670.433 (3) to (6).
NR 670.030 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (12) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.
NR 670.031 NR 670.031Requirements for recording and reporting of monitoring results. All licenses shall specify the following:
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.