NR 665.0113(1)(a)2.b.b. There is a 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(1)(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(1)(b)(b) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements.
NR 665.0113(2)(2)The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of nonhazardous wastes if the owner or operator complies with all applicable requirements in subs. (4) and (5), at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The department may approve an extension to the closure period if the owner or operator demonstrates that the conditions in pars. (a) and (b) are met:
NR 665.0113(2)(a)(a) Either of the following applies:
NR 665.0113(2)(a)1.1. The partial or final closure activities will, of necessity, take longer than 180 days to complete.
NR 665.0113(2)(a)2.2. All of the following apply:
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.