Section 666.240. How could you lose the conditional exemption for your LLMW and what action must you take?

 

(1)  Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the conditions specified in s. NR 666.230 . When your LLMW loses the exemption, you shall immediately manage that waste which failed the condition as hazardous waste under chs. NR 660 to 670 , and the storage unit storing the LLMW immediately becomes subject to hazardous waste container or tank storage requirements under subch. I of ch. NR 664 or subch. J of ch. NR 664 .

(a) If you fail to meet any of the conditions specified in s. NR 666.230 you shall report to us and the NRC, or the oversight agency in the NRC agreement state, in writing by certified delivery within 30 days of learning of the failure. Your report shall be signed by your authorized representative certifying that the information provided is true, accurate and complete. This report shall include all of the following:

1. The specific conditions you failed to meet.

2. A description of the LLMW (including the waste name, hazardous waste codes and quantity) and storage location at the facility.

3. The dates on which you failed to meet the condition.

(b) If the failure to meet any of the conditions may endanger human health or the environment, you shall also immediately notify us orally within 24 hours and follow up with a written notification within 5 days. Failures that may endanger human health or the environment include, but are not limited to, discharge of a CERCLA reportable quantity or other leaking or exploding tanks or containers, or detection of radionuclides above background or hazardous constituents in the leachate collection system of a storage area. If the failure may endanger human health or the environment, you shall follow the provisions of your emergency plan.

(2)  We may terminate your conditional exemption for your LLMW, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirements of this subchapter.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .