Section NR 661.0420 - Contingency planning and emergency procedures for facilities generating or accumulating more than 6,000 kg of hazardous secondary materialA generator or an intermediate or reclamation facility that generates or accumulates more than 6,000 kg of hazardous secondary material shall comply with all of the following requirements:
(1) PURPOSE AND IMPLEMENTATION OF CONTINGENCY PLAN. (a) Each generator or an intermediate or reclamation facility that accumulates more than 6,000 kg of hazardous secondary material shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water.(b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous secondary material or hazardous secondary material constituents that could threaten human health or the environment.(2) CONTENT OF CONTINGENCY PLAN. (a) The contingency plan shall describe the actions facility personnel shall take to comply with subs. (1) and (6) in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water at the facility.(b) If the generator or an intermediate or reclamation facility accumulating more than 6,000 kg of hazardous secondary material has prepared a Spill Prevention, Control, and Countermeasures, or SPCC, Plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, the generator or an intermediate or reclamation facility may amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this section. The hazardous secondary material generator or an intermediate or reclamation facility may develop one contingency plan that meets all regulatory requirements. The department recommends that the plan be based on the national response team's integrated contingency plan guidance or the "One Plan." When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.(c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to s. NR 661.0410(6).(d) The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under sub. (5), and this list shall be kept up-to-date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.(e) The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. This list shall be kept up-to-date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.(f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by releases of hazardous waste or fires.(3) COPIES OF CONTINGENCY PLAN. A copy of the contingency plan and all revisions to the plan shall be: (a) Maintained at the facility.(b) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.(4) AMENDMENT OF CONTINGENCY PLAN. The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any the following occurs: (a) Applicable regulations are revised.(b) The plan fails in an emergency.(c) The facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous secondary material or hazardous secondary material constituents, or changes the response necessary in an emergency.(d) The list of emergency coordinators changes.(e) The list of emergency equipment changes.(5) EMERGENCY COORDINATOR. At all times, there shall be at least one employee either on the facility premises or on call and available to respond to an emergency by reaching the facility within a short period of time with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully explained in sub. (6). Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary material handled by the facility, and type and complexity of the facility.(6) EMERGENCY PROCEDURES. (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately do all of the following: 1. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.2. Notify appropriate state or local agencies with designated response roles if their help is needed.(b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.(c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion, such as the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health, or the environment outside the facility, the emergency coordinator shall report their findings as follows: 1. If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.2. The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center using their 24-hour toll free number 800-424-8802. The report shall include all of the following: a. Name and telephone number of reporter.b. Name and address of facility.c. Time and type of incident, such as release or fire.d. Name and quantity of material involved, to the extent known.e. The extent of injuries, if any.f. The possible hazards to human health, or the environment, outside the facility.(e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous secondary material at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.(f) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.(g) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered secondary material, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the hazardous secondary material generator can demonstrate, in accordance with s. NR 661.0003(3) or (4), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements under chs. NR 662, 663, and 665.(h) The emergency coordinator shall ensure that, in the affected area of the facility, all of the following conditions are met: 1. No secondary material that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed.2. All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.(i) The hazardous secondary material generator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the hazardous secondary material generator shall submit a written report on the incident to the department. The report shall include all of the following: 1. Name, address, and telephone number of the hazardous secondary material generator.2. Name, address, and telephone number of the facility.3. Date, time, and type of incident, such as fire, explosion.4. Name and quantity of material involved.5. The extent of injuries, if any.6. An assessment of actual or potential hazards to human health or the environment, where this is applicable.7. Estimated quantity and disposition of recovered material that resulted from the incident.(7) PERSONNEL TRAINING. All employees shall be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.Wis. Admin. Code Department of Natural Resources NR 661.0420
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020