Wis. Admin. Code Department of Natural Resources NR 664.0018

Current through November 25, 2024

Section NR 664.0018 - Location standards

Note: There is no location standard for seismic considerations in Wisconsin. See appendix VI of 40 CFR part 264 for more information.

(2) FLOODPLAINS.

(a) A facility located in a 100-year floodplain shall be designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can demonstrate any of the following to the department's satisfaction:

1. Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters.

2. For existing surface impoundments, waste piles, landfills and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering all of the following:

a. The volume and physical and chemical characteristics of the waste in the facility.

b. The concentration of hazardous constituents that would potentially affect surface waters as a result of washout.

c. The impact of the concentrations on the current or potential uses of and water quality standards established for the affected surface waters.

d. The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

Note: The location where wastes are moved must be a facility which is either licensed by the department under ch. NR 670, authorized to manage hazardous waste by a state with a hazardous waste management program authorized under 40 CFR part 271, or interim licensed under chs. NR 665 and 670.

(b) As used in par. (a):

1. "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

2. "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

3. "100-year flood" means a flood that has a one percent chance of being equaled or exceeded in any given year.

(3) SALT DOME FORMATIONS, SALT BED FORMATIONS, UNDERGROUND MINES AND CAVES. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

(4) WETLAND. A hazardous waste facility may not be located in a wetland.

(5) CRITICAL HABITAT. A hazardous waste facility may not be located in a critical habitat.

Wis. Admin. Code Department of Natural Resources NR 664.0018

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