Chapter NR 665

NR 665.0113(2)(a)2.a. a. The hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subs. (4) and (5).

NR 665.0113(2)(a)2.b. b. There is reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year.

NR 665.0113(2)(a)2.c. c. Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site.

NR 665.0113(2)(b) (b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility, including compliance with all applicable interim license requirements.

NR 665.0113(3) (3) The demonstrations referred to in subs. (1) (a) and (2) (a) shall be made as follows:

NR 665.0113(3)(a) (a) The demonstrations in sub. (1) (a) shall be made at least 30 days prior to the expiration of the 90-day period in sub. (1).

NR 665.0113(3)(b) (b) The demonstration in sub. (2) (a) shall be made at least 30 days prior to the expiration of the 180-day period in sub. (2), unless the owner or operator is otherwise subject to the deadlines in sub. (4).

NR 665.0113(4) (4) The department may allow an owner or operator to receive non-hazardous wastes in a landfill, or surface impoundment unit after the final receipt of hazardous wastes at that unit if all the following conditions are met:

NR 665.0113(4)(a) (a) The owner or operator submits an amended feasibility and plan of operation report, or a feasibility and plan of operation report, if not previously required, and demonstrates that all the following criteria are met:

NR 665.0113(4)(a)1. 1. The unit has the existing design capacity as indicated on the part A application to receive non-hazardous wastes.

NR 665.0113(4)(a)2. 2. There is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes.

NR 665.0113(4)(a)3. 3. The non-hazardous wastes will not be incompatible with any remaining wastes in the unit or with the facility design and operating requirements of the unit or facility under this chapter.

NR 665.0113(4)(a)4. 4. Closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility.

NR 665.0113(4)(a)5. 5. The owner or operator is operating and will continue to operate in compliance with all applicable interim license requirements.

NR 665.0113(4)(b) (b) The feasibility and plan of operation report includes an amended waste analysis plan, groundwater monitoring and response program, human exposure assessment required under 42 USC 6939a and closure and long-term care plans, and updated cost estimates and demonstrations of financial assurance for closure and long-term care as necessary and appropriate to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure if applicable under s. NR 665.0112 (2) (g), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes.

NR 665.0113(4)(c) (c) The feasibility and plan of operation report is amended, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes.

NR 665.0113(4)(d) (d) The feasibility and plan of operation report and the demonstrations referred to in pars. (a) and (b) are submitted to the department no later than 180 days prior to the date on which the owner or operator of the facility receives the known final volume of hazardous wastes, or no later than 90 days after August 1, 2006, whichever is later.

NR 665.0113(5) (5) In addition to the requirements in sub. (4), an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements in 42 USC 6924(o)(1) and 6925(j)(1) or 42 USC 6924(o)(2) or (3) or 6925(j)(2), (3), (4) or (13) shall do all of the following:

NR 665.0113(5)(a) (a) Submit with the feasibility and plan of operation report both of the following:

NR 665.0113(5)(a)1. 1. A contingent corrective measures plan.

NR 665.0113(5)(a)2. 2. A plan for removing hazardous wastes in compliance with par. (b).

NR 665.0113(5)(b) (b) Remove all hazardous wastes from the unit by removing all hazardous liquids and removing all hazardous sludges to the extent practicable without impairing the integrity of the liners, if any.

NR 665.0113(5)(c) (c) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.

NR 665.0113(5)(d) (d) If a release that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over background levels is detected in accordance with the requirements in subch. F, the owner or operator of the unit:

NR 665.0113(5)(d)1. 1. Shall implement corrective measures in accordance with the approved contingent corrective measures plan required by par. (a) no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later.

NR 665.0113(5)(d)2. 2. May receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action.

NR 665.0113(5)(d)3. 3. May be required by the department to implement corrective measures in less than one year or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.

NR 665.0113(5)(e) (e) During the period of corrective action, the owner or operator shall provide annual reports to the department describing the progress of the corrective action program, compile all groundwater monitoring data, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.

NR 665.0113(5)(f) (f) The department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in par. (d), or fails to make substantial progress in implementing corrective action and achieving the facility’s background levels.

NR 665.0113(5)(g) (g) If the owner or operator fails to implement corrective measures as required in par. (d), or if the department determines that substantial progress has not been made pursuant to par. (f), the department shall:

NR 665.0113(5)(g)1. 1. Notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subs. (1) and (2) and provide a detailed statement of reasons for this determination.

NR 665.0113(5)(g)2. 2. Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.

NR 665.0113(5)(g)3. 3. If the department receives no written comments, the decision will become final 5 days after the close of the comment period. The department will notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subs. (1) and (2).

NR 665.0113(5)(g)4. 4. If the department receives written comments on the decision, it shall make a final decision within 30 days after the end of the comment period, and provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subs. (1) and (2).

NR 665.0113(5)(g)5. 5. The final determinations made by the department under subds. 3. and 4. are not subject to administrative appeal.

NR 665.0113 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (5) (e) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0114 NR 665.0114 Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soil shall be properly disposed of, or decontaminated unless specified otherwise in s. NR 665.0197, 665.0228, 665.0258 or 665.0310. By removing all hazardous wastes or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that hazardous waste in accordance with all applicable requirements of ch. NR 662.

NR 665.0114 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0115 NR 665.0115 Certification of closure. Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile and landfill unit, and within 60 days of completion of final closure, the owner or operator shall submit to the department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by a qualified professional engineer. Documentation supporting the professional engineer’s certification shall be furnished to the department upon request until the department releases the owner or operator from the financial assurance requirements for closure under s. NR 665.0143 (10).

NR 665.0115 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. Register July 2017 No. 739, eff. 8-1-17.

NR 665.0116 NR 665.0116 Survey plat. No later than the submission of the certification of closure of each hazardous waste disposal unit, an owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks. This plat shall be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use shall contain a note, prominently displayed, which states the owner’s or operator’s obligation to restrict disturbance of the hazardous waste disposal unit according to the applicable rules of this subchapter.

NR 665.0116 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0117 NR 665.0117 Long-term care and use of property.

NR 665.0117(1) (1) 

NR 665.0117(1)(a) (a) Long-term care for each hazardous waste management unit subject to the requirements of this section and ss. NR 665.0118 to 665.0120 shall begin after completion of closure of the unit and continue for a minimum of 40 years after that date. It shall consist of at least both of the following:

NR 665.0117(1)(a)1. 1. Monitoring and reporting in accordance with the requirements of subchs. F, K, L and N.

NR 665.0117(1)(a)2. 2. Maintenance and monitoring of waste containment systems in accordance with the requirements of subchs. F, K, L and N.

NR 665.0117(1)(b) (b) Any time preceding closure of a hazardous waste management unit subject to long-term care requirements or final closure, or any time during the long-term care period for a particular hazardous waste disposal unit, the department may extend the long-term care period applicable to the hazardous waste management unit or facility, if the department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

NR 665.0117(2) (2) The department may require, at partial and final closure, continuation of any of the security requirements of s. NR 665.0014 during part or all of the long-term care period under either of the following circumstances:

NR 665.0117(2)(a) (a) Hazardous wastes may remain exposed after completion of partial or final closure.

NR 665.0117(2)(b) (b) Access by the public or domestic livestock may pose a hazard to human health.

NR 665.0117(3) (3) Post-closure use of property on or in which hazardous wastes remain after partial or final closure may never be allowed to disturb the integrity of the final cover, liners or any other components of the containment system, or the function of the facility’s monitoring systems, unless the department finds that either of the following applies:

NR 665.0117(3)(a) (a) The disturbance is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment.

NR 665.0117(3)(b) (b) The disturbance is necessary to reduce a threat to human health or the environment.

NR 665.0117(4) (4) All long-term care activities shall be in accordance with the provisions of the approved long-term care plan as specified in s. NR 665.0118.

NR 665.0117 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0118 NR 665.0118 Long-term care plan; amendment of plan.

NR 665.0118(1) (1) Written plan. By February 1, 1982, the owner or operator of a hazardous waste disposal unit shall have a written long-term care plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure shall prepare a long-term care plan and submit it to the department within 90 days of the date that the owner or operator or department determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120.

NR 665.0118(2) (2) Availability of plan. Until final closure of the facility, a copy of the most current long-term care plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved long-term care plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department. After final closure has been certified, the person or office specified in sub. (3) (c) shall keep the approved long-term care plan during the long-term care period.

NR 665.0118(3) (3) Content of plan. For each hazardous waste management unit subject to the requirements of this section, the long-term care plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least all of the following:

NR 665.0118(3)(a) (a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with subchs. F, K, L and N during the long-term care period.

NR 665.0118(3)(b) (b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure both of the following:

NR 665.0118(3)(b)1. 1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. K, L and N.

NR 665.0118(3)(b)2. 2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L and N.

NR 665.0118(3)(c) (c) The name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the long-term care period.

NR 665.0118(3)(d) (d) For facilities subject to s. NR 665.0121, provisions that satisfy the requirements of s. NR 665.0121 (1) (a) and (c).

NR 665.0118(3)(e) (e) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.

NR 665.0118(4) (4) Amendment of plan. The owner or operator may amend the long-term care plan any time during the active life of the facility or during the long-term care period. An owner or operator with an approved long-term care plan shall submit a written request to the department to authorize a change to the approved plan. The written request shall include a copy of the amended long-term care plan for approval by the department.

NR 665.0118(4)(a) (a) The owner or operator shall amend the long-term care plan whenever any of the following occurs:

NR 665.0118(4)(a)1. 1. Changes in operating plans or facility design affect the long-term care plan.

NR 665.0118(4)(a)2. 2. Events which occur during the active life of the facility, including partial and final closures, affect the long-term care plan.

NR 665.0118(4)(a)3. 3. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4).

NR 665.0118(4)(b) (b) The owner or operator shall amend the long-term care plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the long-term care plan.

NR 665.0118(4)(c) (c) An owner or operator with an approved long-term care plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the long-term care plan. If an owner or operator of a surface impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with s. NR 665.0228 (1) or 665.0258 (1) is required to close as a landfill in accordance with s. NR 665.0310, the owner or operator shall submit a long-term care plan within 90 days of the determination by the owner or operator or department that the unit must be closed as a landfill. If the amendment to the long-term care plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (6).

NR 665.0118(4)(d) (d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved long-term care plan shall submit the modified plan no later than 60 days of the request from the department. If the amendment to the plan is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modifications to the long-term care plan will be approved in accordance with the procedures in sub. (6). If the department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator shall submit a long-term care plan for approval to the department within 90 days of the determination.

NR 665.0118(5) (5) Submittal of plan. The owner or operator of a facility with hazardous waste management units subject to these requirements shall submit its long-term care plan to the department at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator “expects to begin closure” of the first hazardous waste disposal unit shall be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator shall submit the long-term care plan to the department no later than 15 days after either of the following:

NR 665.0118(5)(a) (a) Denial, suspension or revocation of an interim license (except when an operating license is issued to the facility simultaneously with revocation of an interim license).

NR 665.0118(5)(b) (b) Issuance of a judicial decree, department order, or final order pursuant to 42 USC 6928 (h) to cease receiving waste or close.

NR 665.0118(6) (6) Review of plan. The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the long-term care plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a long-term care plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department shall approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved long-term care plan. The department shall ensure that the approved long-term care plan is consistent with s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.

NR 665.0118(7) (7) Modification of plan. The long-term care plan and length of the long-term care period may be modified any time prior to the end of the long-term care period in either of the following 2 ways:

NR 665.0118(7)(a) (a) The owner or operator or any member of the public may petition the department to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the long-term care period based on cause.

NR 665.0118(7)(a)1. 1. The petition shall include evidence demonstrating either of the following:

NR 665.0118(7)(a)1.a. a. The secure nature of the hazardous waste management unit or facility makes the long-term care requirements unnecessary or supports reduction of the long-term care period specified in the current long-term care plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology or alternative disposal, treatment or re-use techniques indicate that the facility is secure).

NR 665.0118(7)(a)1.b. b. The requested extension in the long-term care period or alteration of long-term care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).

NR 665.0118(7)(a)2. 2. The department will consider these petitions only when they present new and relevant information not previously considered by the department. Whenever the department is considering a petition, it will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the long-term care plan. The department will give the public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the 2 notices may be combined.) After considering the comments, the department will issue a final determination, based upon the criteria set forth in this paragraph.

NR 665.0118(7)(a)3. 3. If the department denies the petition, it will send the petitioner a brief written response giving a reason for the denial.

NR 665.0118(7)(b) (b) The department may tentatively decide to modify the long-term care plan if it deems it necessary to prevent threats to human health and the environment. The department may propose to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the long-term care period based on cause.

NR 665.0118(7)(b)1. 1. The department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in par. (a) 2. After considering the comments, the department will issue a final determination.

NR 665.0118(7)(b)2. 2. The department will base its final determination upon the same criteria as required for petitions under par. (a) 1. A modification of the long-term care plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more long-term care requirements. At the end of the specified period of suspension, the department would then determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.