Current through August 26, 2024
(1) To implement
remedies under s.
NR 664.0101, s. 291.37, Stats., or
42 USC
6928(h) or to implement
remedies at a licensed facility that is not subject to s.
NR
664.0101, the department may designate an area at the
facility as a corrective action management unit under the requirements in this
section. In this section, "corrective action management unit" or "CAMU" means
an area within a facility that is used only for managing remediation wastes for
implementing corrective action or cleanup at the facility. A CAMU shall be
located within the contiguous property under the control of the owner or
operator where the wastes to be managed in the CAMU originated. One or more
CAMUs may be designated at a facility.
(a)
Placement of remediation wastes into or within a CAMU does not constitute land
disposal of hazardous wastes.
(b)
Consolidation or placement of remediation wastes into or within a CAMU does not
constitute creation of a unit subject to minimum technology
requirements.
(2)
(a) The department may designate a regulated
unit (as defined in s.
NR 664.0090(1) (b)) as a CAMU, or may
incorporate a regulated unit into a CAMU, if all of the following apply:
1. The regulated unit is closed or closing,
meaning it has begun the closure process under s.
NR 664.0113 or 665.0113.
2. Inclusion of the regulated unit will
enhance implementation of effective, protective and reliable remedial actions
for the facility.
(b) The
subchs. F, G and H requirements and the unit-specific requirements of this
chapter or ch. NR 665 that applied to that regulated unit will continue to
apply to that portion of the CAMU after incorporation into the
CAMU.
(3) The department
shall designate a CAMU in accordance with all of the following:
(a) The CAMU shall facilitate the
implementation of reliable, effective, protective and cost-effective
remedies.
(b) Waste management
activities associated with the CAMU may not create unacceptable risks to humans
or to the environment resulting from exposure to hazardous wastes or hazardous
constituents.
(c) The CAMU shall
include uncontaminated areas of the facility, only if including the areas for
the purpose of managing remediation waste is more protective than management of
the wastes at contaminated areas of the facility.
(d) Areas within the CAMU, where wastes
remain in place after closure of the CAMU, shall be managed and contained so as
to minimize future releases, to the extent practicable.
(e) The CAMU shall expedite the timing of
remedial activity implementation, when appropriate and practicable.
(f) The CAMU shall enable the use, when
appropriate, of treatment technologies (including innovative technologies) to
enhance the long-term effectiveness of remedial actions by reducing the
toxicity, mobility or volume of wastes that will remain in place after closure
of the CAMU.
(g) The CAMU shall, to
the extent practicable, minimize the land area of the facility upon which
wastes will remain in place after closure of the CAMU.
(4) The owner or operator shall provide
sufficient information to enable the department to designate a CAMU in
accordance with the criteria in s.
NR 664.0552.
(5) The department shall specify, in the
license or order, requirements for CAMUs to include all of the following:
(a) The areal configuration of the
CAMU.
(b) Requirements for
remediation waste management to include the specification of applicable design,
operation and closure requirements.
(c) Requirements for groundwater monitoring
that are sufficient to do all of the following:
1. Continue to detect and to characterize the
nature, extent, concentration, direction and movement of existing releases of
hazardous constituents in groundwater from sources located within the
CAMU.
2. Detect and subsequently
characterize releases of hazardous constituents to groundwater that may occur
from areas of the CAMU in which wastes will remain in place after closure of
the CAMU.
(d) Closure and
long-term care requirements.
1. Closure of
corrective action management units shall do all of the following:
a. Minimize the need for further
maintenance.
b. Control, minimize
or eliminate, to the extent necessary to protect human health and the
environment, for areas where wastes remain in place, post-closure escape of
hazardous waste, hazardous constituents, leachate, contaminated runoff or
hazardous waste decomposition products to the ground, to surface waters or to
the atmosphere.
2.
Requirements for closure of CAMUs shall include the following, as appropriate
and as deemed necessary by the department for a given CAMU:
a. Requirements for excavation, removal,
treatment or containment of wastes.
b. For areas in which wastes will remain
after closure of the CAMU, requirements for capping of the areas.
c. Requirements for removal and
decontamination of equipment, devices and structures used in remediation waste
management activities within the CAMU.
3. In establishing specific closure
requirements for CAMUs under s.
NR 664.0552(5), the department shall
consider all of the following factors:
a.
CAMU characteristics.
b. Volume of
wastes which remain in place after closure.
c. Potential for releases from the
CAMU.
d. Physical and chemical
characteristics of the waste.
e.
Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual
releases.
f. Potential for exposure
of humans and environmental receptors if releases were to occur from the
CAMU.
4. Long-term care
requirements as necessary to protect human health and the environment, to
include, for areas where wastes will remain in place, monitoring and
maintenance activities and the frequency with which the activities shall be
performed to ensure the integrity of any cap, final cover or other containment
system.
(6) The
department shall document the rationale for designating CAMUs and shall make
the documentation available to the public.
(7) Incorporation of a CAMU into an existing
license shall be approved by the department according to the procedures for
department-initiated license modifications under s.
NR 670.041, or according to the license modification
procedures of s.
NR 670.042.
(8) The designation of a CAMU does not change
the department's existing authority to address clean-up levels, media-specific
points of compliance to be applied to remediation at a facility or other remedy
selection decisions.
