Current through August 26, 2024
(1) WRITTEN PLAN.
(a) The owner or operator of a hazardous
waste management facility shall have a written closure plan. In addition,
certain surface impoundments and waste piles from which the owner or operator
intends to remove or decontaminate the hazardous waste at partial or final
closure are required by ss.
NR 664.0228(3) (a)
1. and 664.0258(3) (a) 1. to have contingent
closure plans. The plan shall be submitted with the feasibility and plan of
operation report, in accordance with s.
NR 670.014(2) (m), and approved by the
department as part of the operating license issuance procedures under subchs. L
and M of ch. NR 670. In accordance with s.
NR 670.032, the approved closure plan will become a
condition of any hazardous waste operating license.
(b) The department's approval of the plan
shall ensure that the approved closure plan is consistent with s.
NR 664.0111, this section and ss.
NR 664.0113 to 664.0115 and the applicable requirements
of subch. F, ss.
NR 664.0178, 664.0197, 664.0228, 664.0258, 664.0310, 664.0351, 664.0601 and 664.1102. Until final closure is completed and certified
in accordance with s.
NR 664.0115, a copy of the approved plan and all approved
revisions shall be furnished to the department upon request, including requests
by mail.
(2) CONTENT OF
PLAN. The plan shall identify steps necessary to perform partial or final
closure of the facility, or both, at any point during its active life. The
closure plan shall include at least all of the following:
(a) A description of how each hazardous waste
management unit at the facility will be closed in accordance with s.
NR 664.0111.
(b) A description of how final closure of the
facility will be conducted in accordance with s.
NR 664.0111. The description shall identify the maximum
extent of the operations which will be unclosed during the active life of the
facility.
(c) An estimate of the
maximum inventory of hazardous wastes ever on-site over the active life of the
facility and a detailed description of the methods to be used during partial
closures and final closure, including, but not limited to, methods for
removing, transporting, treating, storing or disposing of all hazardous wastes,
and identification of the types of the off-site hazardous waste management
units to be used, if applicable.
(d) A detailed description of the steps
needed to remove or decontaminate all hazardous waste residues and contaminated
containment system components, equipment, structures and soils during partial
and final closure, including, but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils and criteria for determining the extent of decontamination
required to satisfy the closure performance standard.
(e) A detailed description of other
activities necessary during the closure period to ensure that all partial
closures and final closure satisfy the closure performance standards,
including, but not limited to, groundwater monitoring, leachate collection and
run-on and run-off control.
(f) A
schedule for closure of each hazardous waste management unit and for final
closure of the facility. The schedule shall include, at a minimum, the total
time required to close each hazardous waste management unit and the time
required for intervening closure activities which will allow tracking of the
progress of partial and final closure. (For example, in the case of a landfill
unit, estimates of the time required to treat or dispose of all hazardous waste
inventory and of the time required to place a final cover shall be
included.)
(g) For facilities that
use trust funds to establish financial assurance under s.
NR 664.0143 or 664.0145 and that are expected to close
prior to the expiration of the operating license, an estimate of the expected
year of final closure.
(h) For
facilities where the department has applied alternative requirements at a
regulated unit under s.
NR 664.0090(6), 664.0110(3) or 664.0140(4), either the alternative requirements applying to the regulated
unit, or a reference to the enforceable document containing those alternative
requirements.
(3)
AMENDMENT OF PLAN. The owner or operator shall submit a written notification of
or request for an operating license modification to authorize a change in
operating plans, facility design or the approved closure plan in accordance
with the applicable procedures in ch. NR 670. The written notification or
request shall include a copy of the amended closure plan for review or approval
by the department.
(a) The owner or operator
may submit a written notification or request to the department for an operating
license modification to amend the closure plan at any time prior to the
notification of partial or final closure of the facility.
(b) The owner or operator shall submit a
written notification of or request for an operating license modification to
authorize a change in the approved closure plan under any of the following
circumstances:
1. Changes in operating plans
or facility design affect the closure plan.
2. There is a change in the expected year of
closure, if applicable.
3. In
conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan.
4. The owner or operator requests the
department to apply alternative requirements to a regulated unit under s.
NR 664.0090(6), 664.0110(3) or 664.0140(4).
(c) The
owner or operator shall submit a written request for an operating license
modification including a copy of the amended closure plan for approval at least
60 days prior to the proposed change in facility design or operation, or no
later than 60 days after an unexpected event has occurred which has affected
the closure plan. If an unexpected event occurs during the partial or final
closure period, the owner or operator shall request an operating license
modification no later than 30 days after the unexpected event. An owner or
operator of a surface impoundment or waste pile that intends to remove all
hazardous waste at closure and is not otherwise required to prepare a
contingent closure plan under s.
NR 664.0228(3) (a)
1. or 664.0258(3) (a) 1., shall submit an
amended closure plan to the department no later than 60 days from the date that
the owner or operator or department determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of s.
NR 664.0310, or no later than 30 days from that date if
the determination is made during partial or final closure. The department will
approve, disapprove or modify this amended plan in accordance with the
procedures in ch. NR 670. In accordance with s.
NR 670.032, the approved closure plan will become a
condition of any hazardous waste operating license issued.
(d) The department may request modifications
to the plan under the conditions described in par. (b). The owner or operator
shall submit the modified plan within 60 days of the department's request, or
within 30 days if the change in facility conditions occurs during partial or
final closure. Any modifications requested by the department will be approved
in accordance with the procedures in ch. NR 670.
(4) NOTIFICATION OF PARTIAL CLOSURE AND FINAL
CLOSURE.
(a) The owner or operator shall
notify the department in writing of the intent to close the facility at least
180 days prior to the partial or final closure of a hazardous waste
facility.
(b) The date when the
owner or operator "expects to begin closure" shall be either of the following:
1. No later than 30 days after the date on
which any hazardous waste management unit receives the known final volume of
hazardous wastes, or if there is a reasonable possibility that the hazardous
waste management unit will receive additional hazardous wastes, no later than
one year after the date on which the unit received the most recent volume of
hazardous wastes. If the owner or operator of a hazardous waste management unit
can demonstrate to the department that the hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes and the owner
or operator has taken all steps to prevent threats to human health and the
environment, including compliance with all applicable operating license
requirements, the department may approve an extension to this one-year
limit.
2. For units meeting the
requirements of s.
NR 664.0113(4), no later than 30 days
after the date on which the hazardous waste management unit receives the known
final volume of non-hazardous wastes, or if there is a reasonable possibility
that the hazardous waste management unit will receive additional non-hazardous
wastes, no later than one year after the date on which the unit received the
most recent volume of non-hazardous wastes. If the owner or operator can
demonstrate to the department that the hazardous waste management unit has the
capacity to receive additional non-hazardous wastes and 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 operating
license requirements, the department may approve an extension to this one-year
limit.
(c) If the
facility's operating license is denied, suspended or revoked, or if the
facility is otherwise ordered, by judicial decree or final order under
42 USC 6928
or by the department, to cease receiving hazardous wastes or to close, then the
requirements of this subsection do not apply. However, the owner or operator
shall close the facility in accordance with the deadlines established in s.
NR 664.0113.
(5) REMOVAL OF WASTES AND DECONTAMINATION OR
DISMANTLING OF EQUIPMENT. Nothing in this section shall preclude the owner or
operator from removing hazardous wastes and decontaminating or dismantling
equipment in accordance with the approved partial or final closure plan at any
time before or after notification of partial or final closure.