Section 664.0258. Closure and long-term care.

 

(1)  At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.03 (4) applies.

(2)  If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in sub. (1) , the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform long-term care in accordance with the closure and long-term care requirements that apply to landfills (s. NR 664.0310 ).

(3)  

(a) The owner or operator of a waste pile that does not comply with the liner requirements of s. NR 664.0251 (1) (a) and is not exempt from them in accordance with s. NR 664.0250 (3) or 664.0251 (2) , shall do both of the following:

1. Include in the closure plan for the pile under s. NR 664.0112 both a plan for complying with sub. (1) and a contingent plan for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

2. Prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.

(b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of a pile subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) .

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