Current through August 26, 2024
Each owner or operator of any inactive waste disposal site
that was operated by sources covered under s.
NR 447.03, 447.05 or 447.10 and received deposits of
asbestos-containing waste material generated by the sources, shall:
(1) Comply with any of the following:
(a) Discharge no visible emissions to the
outside air from an inactive waste disposal site subject to this
section.
(b) Cover the
asbestos-containing waste material with at least 15 centimeters (6 inches) of
compacted nonasbestos-containing material, and grow and maintain a cover of
vegetation on the area adequate to prevent exposure of the asbestos-containing
waste material. In desert areas where vegetation would be difficult to
maintain, at least 8 additional centimeters (3 inches) of well-graded,
nonasbestos crushed rock may be placed on top of the final cover instead of
vegetation and maintained to prevent emissions.
(c) Cover the asbestos containing waste
material with at least 60 centimeters (2 feet) of compacted
nonasbestos-containing material, and maintain it to prevent exposure of the
asbestos-containing waste.
(d) For
inactive waste disposal sites for asbestos tailings, a resinous or
petroleum-based dust suppression agent that effectively binds dust to control
surface air emissions may be used instead of the methods in pars. (a) to (c).
Use the agent in the manner and frequency recommended for the particular
asbestos tailings by the manufacturer of the dust suppression agent to achieve
and maintain dust control. Obtain prior written approval of the department to
use other equally effective dust suppression agents. For purposes of this
paragraph, any used, spent or other waste oil is not considered a dust
suppression agent.
(2)
Unless a natural barrier adequately deters access by the general public,
install and maintain warning signs and fencing as follows, or comply with sub.
(1) (b).
(a) Display warning signs at all
entrances and at intervals of 100 m (328 feet) or less along the property line
of the site or along the perimeter of the sections of the site where
asbestos-containing waste material was deposited. The warning signs shall
conform with all the following:
1. Be posted
in such a manner and location that a person can easily read the
legend.
2. Conform to the
requirements for 51 cm × 36 cm (20 [EURO]z - 14 [EURO]z) upright format
signs specified in
29 CFR
1910.145(d) (4),
incorporated by reference in s.
NR
484.03(2), and this
paragraph.
3. Display the following
legend in the lower panel with letter sizes and styles of a visibility at least
equal to those specified in this paragraph.
|
Legend
|
Notation
|
|
Asbestos Waste Disposal Site
|
2.5 cm (1 inch) Sans Serif, Gothic or Block
|
|
Do Not Create Dust
|
1.9 cm (3/4 inch) Sans Serif, Gothic or
Block
|
|
Breathing Asbestos is Hazardous to Your
Health
|
14 point Gothic
|
(b) Fence the perimeter of the site in a
manner adequate to deter access by the general public.
(c) When requesting a determination on
whether a natural barrier adequately deters public access, supply information
enabling the department to determine whether a fence or a natural barrier
adequately deters access by the general public.
(3) The owner or operator may use an
alternative control method that has received prior approval of the
administrator rather than comply with the requirements of sub. (1) or (2).
(4) Notify the department in
writing at least 45 days prior to excavating or otherwise disturbing any
asbestos-containing waste material that has been deposited at a waste disposal
site under this section, and follow the procedures specified in the
notification. If the excavation will begin on a date other than the one
contained in the original notice, notice of the new start date shall be
provided to the department at least 10 working days before excavation begins
and in no event may excavation begin earlier than the date specified in the
original notification. Include the following information in the notice:
(a) Scheduled starting and completion
dates.
(b) Reason for disturbing
the waste.
(c) Procedures to be
used to control emissions during the excavation, storage, transport and
ultimate disposal of the excavated asbestos-containing waste material. If
deemed necessary, the department may require changes in the emission control
procedures to be used.
(d) Location
of any temporary storage site and the final disposal site.
(5) After November 1, 1992, within 60 days of
a site becoming inactive, record, in accordance with ch. 706, Stats., a
notation on the deed to the facility property and on any other instrument that
would normally be examined during a title search; this notation shall in
perpetuity notify any potential purchaser of the property that:
(a) The land has been used for the disposal
of asbestos-containing waste material.
(b) The survey plot and record of the
location and quantity of asbestos-containing waste disposed of within the
disposal site required in s.
NR 447.17(6) have been filed with the
department.
(c) The site is subject
to this chapter.
