Section 664.0119. Long-term care notices.

 

(1)  No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes disposed of before July 1, 1985, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept.

(2)  Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall do both of the following:

(a) Record, in accordance with ch. 706 , Stats. , a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property of all of the following:

1. The land has been used to manage hazardous wastes.

2. Its use is restricted under this subchapter.

3. The survey plat and record of the type, location and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by s. NR 664.0116 and sub. (1) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department.

(b) Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in par. (a) , including a copy of the document in which the notation has been placed, to the department.

(3)  If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the long-term care license in accordance with the applicable requirements in ch. NR 670 . The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of s. NR 664.0117 (3) . By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chs. NR 660 to 673 . If the owner or operator is granted a license modification or otherwise granted approval to conduct the removal activities, the owner or operator may request that the department approve either of the following:

(a) The removal of the notation on the deed to the facility property or other instrument normally examined during title search.

(b) The addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

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