NR 664.0113(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 groundwater protection standard or background levels if the facility has not yet established a groundwater protection standard.

NR 664.0113(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 664.0113(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 664.0113(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 664.0113(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 664.0113(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 664.0114NR 664.0114 Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soils shall be properly disposed of or decontaminated unless otherwise specified in s. NR 664.0197, 664.0228, 664.0258 or 664.0310, or under the authority of ss. NR 664.0601 and 664.0603. By removing any 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 waste in accordance with all applicable requirements of ch. NR 662.

NR 664.0115NR 664.0115 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 the 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 664.0143 (11).

NR 664.0116NR 664.0116 Survey plat. No later than the submission of the certification of closure of each hazardous waste disposal unit, the 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 664.0117NR 664.0117 Long-term care and use of property.

NR 664.0117(1)(a)(a) Long-term care for each hazardous waste management unit subject to the requirements of this section and ss. NR 664.0118 to 664.0120 shall begin after completion of closure of the unit and continue for a minimum of 40 years after that date and shall consist of at least both of the following:

NR 664.0117(1)(b)(b) Any time preceding partial 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 unit, the department may, in accordance with the operating license modification procedures in ch. NR 670 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 664.0117(2)(2) The department may require, at partial and final closure, continuation of any of the security requirements of s. NR 664.0014 during part or all of the long-term care period under either of the following circumstances:

NR 664.0117(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: