Section 665.0221. Design and operating requirements.

 

(1)  The owner or operator of each new surface impoundment unit on which construction commences after June 1, 1995, each lateral expansion of a surface impoundment unit on which construction commences after June 1, 1995 and each replacement of an existing surface impoundment unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system between the liners, and operate the leachate collection and removal system in accordance with s. NR 664.0221 (3) , unless exempted under s. NR 664.0221 (4) , (5) or (6) . "Construction commences" is as defined in s. NR 660.10 under "existing facility".

(2)  The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months of the receipt of the notice.

(3)  The owner or operator of any replacement surface impoundment unit is exempt from sub. (1) if both of the following apply:

(a) The existing unit was constructed in compliance with the design standards of 42 USC 6924 (o)(1)(A)(i) and (5) .

(b) There is no reason to believe that the liner is not functioning as designed.

(4)  The double liner requirement in sub. (1) may be waived by the department for any monofill, if the requirements of pars. (a) and (b) 1. or 2. are met:

(a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.24 , with EPA hazardous waste numbers D004 to D017.

(b)

1. All of the following:

a. The monofill has at least one liner for which there is no evidence that the liner is leaking. For the purposes of this subsection the term "liner" means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of sub. (1) on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of the impoundment the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of the impoundment shall comply with appropriate long-term care requirements, including but not limited to groundwater monitoring and corrective action.

b. The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3 ).

c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25 , Stats.

2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(5)  In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of sub. (1) and in good faith compliance with sub. (1) and with guidance documents governing liners and leachate collection systems under sub. (1) , no liner or leachate collection system which is different from that which was so installed pursuant to sub. (1) will be required for the unit by the department when issuing the first operating license to the facility, except that the department will not be precluded from requiring installation of a new liner when the department has reason to believe that any liner installed pursuant to the requirements of sub. (1) is leaking.

(6)  A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action or a storm. Except as provided in sub. (7) , there shall be at least 60 centimeters (2 feet) of freeboard.

(7)  A freeboard level less than 60 centimeters (2 feet) may be maintained if the owner or operator obtains certification by a qualified engineer that alternate design features or operating plans will, to the best of that person's knowledge and opinion, prevent overtopping of the dike. The certification, along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility.

(8)  Surface impoundments that are newly subject to 42 USC 6925 (j)(1) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subs. (1) , (3) and (4) not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period may not be cut short as the result of the promulgation of land disposal prohibitions under ch. NR 668 or the granting of an extension to the effective date of a prohibition pursuant to s. NR 668.05 , within this 48-month period.

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