Section 664.0112. Closure plan; amendment of plan.

 

(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 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.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.