Current through August 26, 2024
(1) WRITTEN PLAN.
By February 1, 1982, or by 6 months after the effective date of the rule that
first subjects a facility to provisions of this section, the owner or operator
of a hazardous waste management facility shall have a written closure plan.
Until final closure is completed and certified in accordance with s.
NR 665.0115, a copy of the most current plan shall be
furnished to the department upon request, including request by mail. In
addition, for facilities without approved plans, it shall also be provided
during site inspections, on the day of inspection, to any officer, employee or
representative of the department.
(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 665.0111.
(b) A description of how final closure of the
facility will be conducted in accordance with s.
NR 665.0111. The description shall identify the maximum
extent of the operation 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
and final closure, including, but not limited to methods for removing,
transporting, treating, storing or disposing of all hazardous waste,
identification of and the types of 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 necessary to satisfy the closure
performance standard.
(e) A
detailed description of other activities necessary during the partial and final
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) An estimate of the expected year of final
closure for facilities that use trust funds to demonstrate financial assurance
under s.
NR 665.0143 or 665.0145 and whose remaining operating
life is less than 20 years, and for facilities without approved closure
plans.
(h) For facilities where the
department has applied alternative requirements at a regulated unit under s.
NR 665.0090(6), 665.0110(4) or 665.0140(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 may amend the closure plan at any time
prior to the notification of partial or final closure of the facility. An owner
or operator with an approved closure plan shall submit a written request to the
department to authorize a change to the approved closure plan. The written
request shall include a copy of the amended closure plan for approval by the
department.
(a) The owner or operator shall
amend the 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 closure
plan.
4. The owner or operator
requests the department to apply alternative requirements to a regulated unit
under s.
NR 665.0090(6), 665.0110(4) or 665.0140(4).
(b) The
owner or operator shall amend the closure plan 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 amend the closure plan no later than 30 days after the
unexpected event. This paragraph also applies to owners or operators of surface
impoundments and waste piles who intended to remove all hazardous wastes at
closure, but are required to close as landfills in accordance with s.
NR 665.0310.
(c) An owner or operator with an approved
closure plan shall submit the modified plan to the department at least 60 days
prior to the proposed change in facility design or operation, or no more than
60 days after an unexpected event has occurred which has affected the closure
plan. If an unexpected event has occurred during the partial or final closure
period, the owner or operator shall submit the modified plan no more than 30
days after the unexpected event. This paragraph also applies to owners or
operators of surface impoundments and waste piles who intended to remove all
hazardous wastes at closure but are required to close as landfills in
accordance with s.
NR 665.0310. If the amendment to the plan is a class 2 or
3 modification according to the criteria in s.
NR 670.042, the modification to the plan will be approved
according to the procedures in sub. (4) (d).
(d) The department may request modifications
to the plan under the conditions described in par. (a). An owner or operator
with an approved closure plan shall submit the modified plan within 60 days of
the request from the department, or within 30 days if the unexpected event
occurs during partial or final closure. If the amendment is considered a class
2 or 3 modification according to the criteria in s.
NR 670.042, the modification to the plan will be approved
in accordance with the procedures in sub. (4) (d).
(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.
The owner or operator shall submit the closure plan to the department at least
180 days prior to the date on which the owner or operator expects to begin
closure of the first surface impoundment, waste pile, or landfill unit, or
final closure if it involves such a unit, whichever is earlier. The owner or
operator shall submit the closure plan to the department at least 45 days prior
to the date on which the owner or operator expects to begin partial or final
closure of a boiler or industrial furnace. The owner or operator shall submit
the closure plan to the department at least 45 days prior to the date on which
the owner or operator expects to begin final closure of a facility with only
tanks, container storage or incinerator units.
(b) The date when the owner or operator
"expects to begin closure" shall be either of the following:
1. Within 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 waste. 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, and will continue to take, all steps to prevent threats
to human health and the environment, including compliance with all interim
license requirements, the department may approve an extension to this one-year
limit.
2. For units meeting the
requirements of s.
NR 665.0113(4), no later than 30 days
after the date on which the hazardous waste management unit receives the known
final volume of nonhazardous wastes, or if there is a reasonable possibility
that the hazardous waste management unit will receive additional nonhazardous
wastes, no later than one year after the date on which the unit received the
most recent volume of nonhazardous wastes. If the owner or operator can
demonstrate to the department that the hazardous waste management unit has the
capacity to receive additional nonhazardous 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 interim
license requirements, the department may approve an extension to this one-year
limit.
(c) The owner or
operator shall submit its closure plan to the department no later than 15 days
after either of the following:
1. Denial,
suspension or revocation of an interim license except when an operating license
is issued simultaneously with revocation of an interim license.
2. Issuance of a judicial decree, department
order, or final order pursuant to
42 USC
6928(h) to cease receiving
waste or close.
(d) The
department will provide the owner or operator and the public, through a
newspaper notice, the opportunity to submit written comments on the plan and
request modifications to the plan no later than 30 days from the date of the
notice. The department will also, in response to a request or at its own
discretion, hold a public hearing whenever such a hearing might clarify one or
more issues concerning a closure plan. The department will give public notice
of the hearing at least 30 days before it occurs. (Public notice of the hearing
may be given at the same time as notice of the opportunity for the public to
submit written comments, and the 2 notices may be combined.) The department
will approve, modify or disapprove the plan within 90 days of its receipt. If
the department does not approve the plan, it shall provide the owner or
operator with a detailed written statement of reasons for the refusal and the
owner or operator shall modify the plan or submit a new plan for approval
within 30 days after receiving the written statement. The department will
approve or modify this plan in writing within 60 days. If the department
modifies the plan, this modified plan becomes the approved closure plan. The
department shall assure that the approved plan is consistent with ss.
NR 665.0111, 665.0113 to 665.0115 and this section and
the applicable requirements of subch. F and ss.
NR 665.0197, 665.0228, 665.0258, 665.0310, 665.0351, 665.0381, 665.0404 and 664.1102. A copy of the modified plan with a detailed
statement of reasons for the modifications shall be mailed to the owner or
operator.
(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.