Section 664.0197. Closure and long-term care.

 

(1)  At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless s. NR 661.03 (4) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for tank systems shall meet all of the requirements specified in subchs. G and H .

(2)  If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in sub. (1) , then the owner or operator shall close the tank system and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310 ). In addition, for the purposes of closure, long-term care and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in subchs. G and H .

(3)  If an owner or operator has a tank system that does not have secondary containment that meets the requirements of s. NR 664.0193 (2) to (6) and has not been granted a variance from the secondary containment requirements in accordance with s. NR 664.0193 (7) , then:

(a) The closure plan for the tank system shall include both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) .

(b) A contingent long-term care plan for complying with sub. (2) shall be prepared and submitted as part of the feasibility and plan of operation report.

(c) The cost estimates calculated for closure and long-term care shall reflect the costs of complying with the contingent closure plan and the contingent long-term care plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under sub. (1) .

(d) Financial assurance shall be based on the cost estimates in par. (c) .

(e) For the purposes of the contingent closure and long-term care plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, long-term care and financial responsibility requirements for landfills under subchs. G and H .

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