Section 664.0118. Long-term care plan; amendment of plan.

 

(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 .

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