Current through August 26, 2024
This section is written in a special format to make it
easier to understand the rule requirements. Like other department rules, this
section establishes enforceable legal requirements. In this section, "I" and
"you" refer to the owner or operator.
(1) WHAT IS A STAGING PILE? A staging pile is
an accumulation of solid, non-flowing remediation waste (as defined in s.
NR 660.10) that is not a containment building and is
used only during remedial operations for temporary storage at a facility. A
staging pile shall be located within the contiguous property under the control
of the owner or operator where the wastes to be managed in the staging pile
originated. The department shall designate staging piles according to the
requirements in this section. For the purposes of this section, "storage"
includes mixing, sizing, blending or other similar physical operations as long
as they are intended to prepare the wastes for subsequent management or
treatment.
(2) WHEN MAY I USE A
STAGING PILE? You may use a staging pile to store hazardous remediation waste
(or remediation waste otherwise subject to land disposal restrictions) only if
you follow the standards and design criteria the department has designated for
that staging pile. The department shall designate the staging pile in a license
or, at an interim license facility, in a license, closure plan or order
(consistent with s.
NR 670.072(1)
(e) and (2) (e)). The department shall
establish conditions in the license, closure plan or order that comply with
subs. (4) to (11).
(3) WHAT
INFORMATION MUST I PROVIDE TO GET A STAGING PILE DESIGNATED? When seeking a
staging pile designation, you shall provide all of the following:
(a) Sufficient and accurate information to
enable the department to impose standards and design criteria for your staging
pile according to subs. (4) to (11).
(b) Certification by a qualified professional
engineer for technical data, such as design drawings and specifications, and
engineering studies, unless the department determines, based on information
that you provide, that this certification is not necessary to ensure that a
staging pile will protect human health and the environment.
(c) Any additional information the department
determines is necessary to protect human health and the
environment.
(4) WHAT
PERFORMANCE CRITERIA MUST A STAGING PILE SATISFY? The department shall
establish the standards and design criteria for the staging pile in the
license, closure plan or order.
(a) The
standards and design criteria shall comply with all of the following:
1. The staging pile shall facilitate a
reliable, effective and protective remedy.
2. The staging pile shall be designed so as
to prevent or minimize releases of hazardous wastes and hazardous constituents
into the environment, and minimize or adequately control cross-media transfer,
as necessary to protect human health and the environment (for example, through
the use of liners, covers, run-off or run-on controls, as
appropriate).
3. The staging pile
may not operate for more than 2 years, except when the department grants an
operating term extension under sub. (9). You shall measure the 2-year limit, or
other operating term specified by the department in the license, closure plan
or order, from the first time you place remediation waste into a staging pile.
You shall maintain a record of the date when you first placed remediation waste
into the staging pile for the life of the license, closure plan, or order, or
for 3 years, whichever is longer.
(b) In setting the standards and design
criteria, the department shall consider all of the following factors:
1. Length of time the pile will be in
operation.
2. Volumes of wastes you
intend to store in the pile.
3.
Physical and chemical characteristics of the wastes to be stored in the
unit.
4. Potential for releases
from the unit.
5. Hydrogeological
and other relevant environmental conditions at the facility that may influence
the migration of any potential releases.
6. Potential for human and environmental
exposure to potential releases from the unit.
(5) MAY A STAGING PILE RECEIVE IGNITABLE OR
REACTIVE REMEDIATION WASTE? You may not place ignitable or reactive remediation
waste in a staging pile unless par. (a) or (b) applies:
(a) You have treated, rendered or mixed the
remediation waste before you placed it in the staging pile so that both of the
following apply:
1. The remediation waste no
longer meets the definition of ignitable or reactive under s.
NR 661.0021 or 661.0023.
2. You have complied with s.
NR 664.0017(2).
(b) You manage the remediation waste to
protect it from exposure to any material or condition that may cause it to
ignite or react.
(6) HOW
DO I HANDLE INCOMPATIBLE REMEDIATION WASTES IN A STAGING PILE? The term
"incompatible waste" is defined in s.
NR 660.10. You shall comply with all of the following
requirements for incompatible wastes in staging piles:
(a) You may not place incompatible
remediation wastes in the same staging pile unless you have complied with s.
NR 664.0017(2).
(b) If remediation waste in a staging pile is
incompatible with any waste or material stored nearby in containers, other
piles, open tanks or land disposal units (for example, surface impoundments),
you shall separate the incompatible materials, or protect them from one another
by using a dike, berm, wall or other device.
(c) You may not pile remediation waste on the
same base where incompatible wastes or materials were previously piled, unless
the base has been decontaminated sufficiently to comply with s.
NR 664.0017(2).
(7) ARE STAGING PILES SUBJECT TO THE LAND
DISPOSAL RESTRICTIONS IN CH. NR 668 AND THE MINIMUM TECHNOLOGICAL REQUIREMENTS?
No. Placing hazardous remediation wastes into a staging pile does not
constitute land disposal of hazardous wastes or create a unit that is subject
to the minimum technological requirements in s.
NR 664.0221, 664.0251, 664.0301, 665.0221, 665.0254 or 665.0301.
Note: The original source for the minimum
technological requirements is
42
USC
6924(o).
(8) HOW LONG MAY I OPERATE A STAGING PILE?
The department may allow a staging pile to operate for up to 2 years after
hazardous remediation waste is first placed into the pile. You shall use a
staging pile no longer than the length of time designated by the department in
the license, closure plan or order (the "operating term"), except as provided
in sub. (9).
(9) MAY I RECEIVE AN
OPERATING EXTENSION FOR A STAGING PILE?
(a)
The department may grant one operating term extension of up to 180 days beyond
the operating term limit contained in the license, closure plan or order (see
sub. (12) for modification procedures). To justify to the department the need
for an extension, you shall provide sufficient and accurate information to
enable the department to determine that continued operation of the staging pile
will do all of the following:
1. Will not
pose a threat to human health and the environment.
2. Is necessary to ensure timely and
efficient implementation of remedial actions at the
facility.
(b) The
department may, as a condition of the extension, specify further standards and
design criteria in the license, closure plan or order, as necessary, to ensure
protection of human health and the environment.
(10) WHAT IS THE CLOSURE REQUIREMENT FOR A
STAGING PILE LOCATED IN A PREVIOUSLY CONTAMINATED AREA?
(a) Within 180 days after the operating term
of the staging pile expires, you shall close a staging pile located in a
previously contaminated area of the site by removing or decontaminating all of
the following:
1. Remediation
waste.
2. Contaminated containment
system components.
3. Structures
and equipment contaminated with waste and leachate.
(b) You shall also decontaminate contaminated
subsoils in a manner and according to a schedule that the department determines
will protect human health and the environment.
(c) The department shall include the
requirements of pars. (a) and (b) in the license, closure plan or order in
which the staging pile is designated.
(11) WHAT IS THE CLOSURE REQUIREMENT FOR A
STAGING PILE LOCATED IN AN UNCONTAMINATED AREA?
(a) Within 180 days after the operating term
of the staging pile expires, you shall close a staging pile located in an
uncontaminated area of the site according to ss.
NR 664.0258(1) and 664.0111, or
according to ss.
NR 665.0258(1) and 665.0111.
(b) The department shall include the
requirement of par. (a) in the license, closure plan or order in which the
staging pile is designated.
(12) HOW MAY MY EXISTING LICENSE (FOR
EXAMPLE, REMEDIATION VARIANCE), CLOSURE PLAN OR ORDER BE MODIFIED TO ALLOW ME
TO USE A STAGING PILE?
(a) To modify a
license, other than a remediation variance, to incorporate a staging pile or
staging pile operating term extension, either:
1. The department shall approve the
modification under the procedures for department-initiated license
modifications in s.
NR 670.041.
2. You shall request a class 2 modification
under s.
NR 670.042.
(b) To modify a remediation variance to
incorporate a staging pile or staging pile operating term extension, you shall
resubmit the remediation variance application required under s.
NR 670.079.
(c) To modify a closure plan to incorporate a
staging pile or staging pile operating term extension, you shall follow the
applicable requirements under s.
NR 664.0112(3) or 665.0112(3).
(d) To modify an order to incorporate a
staging pile or staging pile operating term extension, you shall follow the
terms of the order and the applicable provisions of s.
NR 670.072(1)
(e) or (2) (e).
(13) IS INFORMATION ABOUT THE STAGING PILE
AVAILABLE TO THE PUBLIC? The department shall document the rationale for
designating a staging pile or staging pile operating term extension and make
this documentation available to the public.
