Section 447.17. Active waste disposal sites.

  Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under s. NR 447.12 , 447.13 or 447.18 shall meet the following requirements:

(1)  Either there shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of sub. (3) or (4) shall be met.

(2)  Unless a natural barrier exists, either warning signs and fencing shall be installed and maintained as follows, or the requirements of sub. (3) (a) shall be met.

(a) Warning signs shall be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs shall:

1. Be posted in such a manner and location that a person can easily read the legend;

2. Conform to the requirements of 51 cm × 36 cm (20 〞 × 14 〞 ) upright format signs specified in 29 CFR 1910.145 (d) (4), incorporated by reference in s. NR 484.03 , and this paragraph; and

3. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. - See PDF for table

(b) The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public.

(c) Upon request and supply of appropriate information, the department shall determine whether a fence or a natural barrier adequately deters access by the general public.

(3)  Rather than meet the no visible emission requirement of sub. (1) , at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall:

(a) Be covered with at least 15 centimeters (6 inches) of compacted nonasbestos containing material, or

(b) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the department. For purposes of this paragraph, any used, spent or other waste oil is not considered a dust suppression agent.

(4)  Rather than meet the no visible emission requirement of sub. (1) , use an alternative emissions control method that has received prior written approval by the administrator as described under s. NR 447.12 (3) (b) .

(5)  For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:

(a) Maintain waste shipment records, using a format acceptable to the department, and include the following information:

1. The name, address and telephone number of the waste generator.

2. The name, address and telephone number of the transporters.

3. The quantity of the asbestos-containing waste material in cubic meters (cubic yards).

4. The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the department staff person identified in the waste shipment record, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report.

5. The date of the receipt.

(b) As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator.

(c) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the department staff person identified in the waste shipment record. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report.

(d) Retain a copy of all records and reports required by this subsection for at least 2 years.

(6)  Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.

(7)  Upon closure, comply with all the provisions of s. NR 447.14 .

(8)  Submit to the department, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.

(9)  Furnish upon request, and make available during normal business hours for inspection by the department, all records required under this section.

(10)  Notify the department in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the department at least 10 working days before excavation begins and in no event may excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

(a) Scheduled starting and completion dates.

(b) Reason for disturbing the waste.

(c) Procedures to be used to control emissions during the excavation, storage, transport and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the department may require changes in the emission control procedures to be used.

(d) Location of any temporary storage site and the final disposal site.

History: Cr. Register, October, 1992, No. 442 , eff. 11-1-92; am. (2) (a) 2., Register, December, 1995, No. 480 , eff. 1-1-96.