Current through August 26, 2024
(1) WRITTEN PLAN.
The owner or operator of a hazardous waste disposal unit shall have a written
long-term care plan. In addition, certain surface impoundments and waste piles
from which the owner or operator intends to remove or decontaminate the
hazardous wastes at partial or final closure are required by ss.
NR 664.0228(3) (a)
2. and 664.0258(3) (a) 2.
to have contingent long-term care plans. Owners or operators of surface
impoundments and waste piles not otherwise required to prepare contingent
long-term care plans under ss.
NR 664.0228(3) (a)
2. and 664.0258(3) (a) 2.
shall submit a long-term care plan to the department within 90 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 664.0117, this section, ss.
NR 664.0119 and 664.0120. 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 long-term care plan will become
a condition of any hazardous waste operating license issued.
(2) CONTENT OF PLAN. For each hazardous waste
management unit subject to the requirements of this section, the long-term care
plan shall identify the activities that will be carried on after closure of
each disposal unit and the frequency of these activities, and include at least
all of the following:
(a) A description of
the planned monitoring activities and frequencies at which they will be
performed to comply with subchs. F, K, L, N and X during the long-term care
period.
(b) A description of the
planned maintenance activities, and frequencies at which they will be
performed, to ensure both of the following:
1. The integrity of the cap and final cover
or other containment systems in accordance with the requirements of subchs. F,
K, L, N and X.
2. The function of
the monitoring equipment in accordance with the requirements of subchs. F, K,
L, N and X.
(c) The
name, address and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the long-term care
period.
(d) 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 that apply to the regulated unit, or a reference
to the enforceable document containing those requirements.
(3) AVAILABILITY OF PLAN. Until final closure
of the facility, a copy of the approved long-term care plan shall be furnished
to the department upon request, including request by mail. After final closure
has been certified, the person or office specified in sub. (2) (c) shall keep
the approved long-term care plan during the remainder of the long-term care
period.
(4) 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 the approved long-term
care plan in accordance with the applicable requirements in ch. NR 670. The
written notification or request shall include a copy of the amended long-term
care 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 long-term care plan at any time during the active
life of the facility or during the long-term care period.
(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 long-term care plan whenever any of the
following occurs:
1. Changes in operating
plans or facility design affect the approved long-term care plan.
2. There is a change in the expected year of
final closure, if applicable.
3.
Events which occur during the active life of the facility, including partial
and final closures, affect the approved long-term care 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 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 long-term
care plan. 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 submit a contingent long-term care plan under ss.
NR 664.0228(3) (a)
2. and 664.0258(3) (a) 2.
shall submit a long-term care plan to the department no later than 90 days
after 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. The department will approve, disapprove or
modify this plan in accordance with the procedures in ch. NR 670. In accordance
with s.
NR 670.032, the approved long-term care plan will become
an operating license condition.
(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 no
later than 60 days after the department's request, or no later than 90 days if
the unit is a surface impoundment or waste pile not previously required to
prepare a contingent long-term care plan. Any modifications requested by the
department will be approved, disapproved or modified in accordance with the
procedures in ch. NR 670.
