Current through August 26, 2024
Note: Groundwater monitoring requirements in chs.
NR
140 and
141 also apply.
(1)
(a)
Except as provided in sub. (2), this subchapter applies to owners or operators
of facilities that treat, store or dispose of hazardous waste. The owner or
operator shall satisfy the requirements identified in par. (b) for all wastes
(or constituents thereof) contained in solid waste management units at the
facility, regardless of the time at which waste was placed in the
units.
(b) All solid waste
management units shall comply with the requirements in s.
NR 664.0101. A surface impoundment or waste pile unit or
landfill that receives hazardous waste after July 26, 1982 (in this subchapter,
referred to as a "regulated unit") shall comply with the requirements of ss.
NR 664.0091 to
in lieu 664.0100 of s.
NR 664.0101 for purposes of detecting, characterizing and
responding to releases to the uppermost aquifer. The financial responsibility
requirements of s.
NR 664.0101 apply to regulated units.
(2) The owner or operator's
regulated unit or units are not regulated for releases into the uppermost
aquifer under this subchapter if any of the following apply:
(a) The owner or operator is exempted under
s.
NR 664.0001.
(b) The owner or operator operates a unit
which the department finds meets all of the following conditions:
1. Is an engineered structure.
2. Does not receive or contain liquid waste
or waste containing free liquids.
3. Is designed and operated to exclude
liquid, precipitation and other run-on and run-off.
4. Has both inner and outer layers of
containment enclosing the waste.
5.
Has a leak detection system built into each containment layer.
6. The owner or operator shall provide
continuing operation and maintenance of these leak detection systems during the
active life of the unit and the closure and long-term care periods.
7. To a reasonable degree of certainty, shall
not allow hazardous constituents to migrate beyond the outer containment layer
prior to the end of the long-term care period.
(d) The department finds that there is no
potential for migration of liquid from a regulated unit to the uppermost
aquifer during the active life of the regulated unit (including the closure
period) and the long-term care period specified under s.
NR 664.0117. A qualified geologist or geotechnical
engineer shall certify this demonstration. In order to provide an adequate
margin of safety in the prediction of potential migration of liquid, the owner
or operator shall base any predictions made under this paragraph on assumptions
that maximize the rate of liquid migration.
(e) The owner or operator designs and
operates a pile in compliance with s.
NR 664.0250(3).
(3) This subchapter applies during the active
life of the regulated unit (including the closure period). After closure of the
regulated unit, this subchapter:
(a) Does not
apply if all waste, waste residues, contaminated containment system components
and contaminated subsoils are removed or decontaminated at closure.
(b) Applies during the long-term care period
under s.
NR 664.0117 if the owner or operator is conducting a
detection monitoring program under s.
NR 664.0098.
(c) Applies during the compliance period
under s.
NR 664.0096 if
the owner or operator is conducting a compliance monitoring program under s.
NR 664.0099 or a corrective action program under s.
NR 664.0100.
(4) This subchapter may apply to
miscellaneous units when necessary to comply with ss.
NR 664.0601 to 664.0603.
(5) This subchapter applies to all owners and
operators subject to s.
NR 670.001(3)
(g), when the department issues either a
long-term care license or an enforceable document (as defined in s.
NR 670.001(3)
(g)) at the facility. When the department
issues an enforceable document, references in this subchapter to "in the
license" mean "in the enforceable document".
(6) The department may replace all or part of
the requirements of ss.
NR 664.0091 to
applying 664.0100 to a regulated unit with alternative requirements for
groundwater monitoring and corrective action for releases to groundwater set
out in the license (or in an enforceable document) (as defined in s.
NR 670.001(3)
(g)) where the department determines that
all of the following apply:
(a) The regulated
unit is situated among solid waste management units (or areas of concern), a
release has occurred and both the regulated unit and one or more solid waste
management units (or areas of concern) are likely to have contributed to the
release.
(b) It is not necessary to
apply the groundwater monitoring and corrective action requirements of ss.
NR 664.0091 to
because alternative 664.0100 requirements will protect human health and the
environment.
