NR 664.0228(1)(b)3.a. a. Provide long-term minimization of the migration of liquids through the closed impoundment.

NR 664.0228(1)(b)3.b. b. Function with minimum maintenance.

NR 664.0228(1)(b)3.c. c. Promote drainage and minimize erosion or abrasion of the final cover.

NR 664.0228(1)(b)3.d. d. Accommodate settling and subsidence so that the cover’s integrity is maintained.

NR 664.0228(1)(b)3.e. e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

NR 664.0228(2) (2) If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 664.0117 to 664.0120, including maintenance and monitoring throughout the long-term care period (specified in the operating license under s. NR 664.0117). The owner or operator shall do all of the following:

NR 664.0228(2)(a) (a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events.

NR 664.0228(2)(b) (b) Maintain and monitor the leak detection system in accordance with ss. NR 664.0221 (3) (b) 4. and (c) and 664.0226 (4), and comply with all other applicable leak detection system requirements of this chapter.

NR 664.0228(2)(c) (c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F.

NR 664.0228(2)(d) (d) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

NR 664.0228(3) (3) 

NR 664.0228(3)(a) (a) If an owner or operator plans to close a surface impoundment in accordance with sub. (1) (a), and the impoundment does not comply with the liner requirements of s. NR 664.0221 (1) and is not exempt from them in accordance with s. NR 664.0221 (2), then both of the following apply:

NR 664.0228(3)(a)1. 1. The closure plan for the impoundment under s. NR 664.0112 shall include both a plan for complying with sub. (1) (a) and a contingent plan for complying with sub. (1) (b) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(a)2. 2. The owner or operator shall prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

NR 664.0228(3)(b) (b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of an impoundment subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) (a).

NR 664.0228 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0229 NR 664.0229 Special requirements for ignitable or reactive waste. Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of ch. NR 668, and sub. (1), (2) or (3):

NR 664.0229(1) (1) The waste is treated, rendered or mixed before or immediately after placement in the impoundment so that both of the following apply:

NR 664.0229(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 664.0229(1)(b) (b) Section NR 664.0017 (2) is complied with.

NR 664.0229(2) (2) The waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

NR 664.0229(3) (3) The surface impoundment is used solely for emergencies.

NR 664.0229 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No 776, eff. 9-1-20.

NR 664.0230 NR 664.0230 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 664 Appendix V for examples) may not be placed in the same surface impoundment, unless s. NR 664.0017 (2) is complied with.

NR 664.0230 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 664.0231 NR 664.0231 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

NR 664.0231(1) (1) Hazardous wastes F020, F021, F022, F023, F026 and F027 may not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. All of the following factors shall be considered:

NR 664.0231(1)(a) (a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.

NR 664.0231(1)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.