Section NR 664.0196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systemsA tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements:
(1) CESSATION OF USE; PREVENT FLOW OR ADDITION OF WASTES. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.(2) REMOVAL OF WASTE FROM TANK SYSTEM OR SECONDARY CONTAINMENT SYSTEM. (a) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.(b) If the material released was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.(3) CONTAINMENT OF VISIBLE RELEASES TO THE ENVIRONMENT. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection, do all of the following: (a) Prevent further migration of the leak or spill to soils or surface water.(b) Remove, and properly dispose of, any visible contamination of the soil or surface water.(4) NOTIFICATIONS, REPORTS. (a) Any release to the environment, except as provided in par. (b), shall be reported to the department within 24 hours of its detection. If the release has been reported pursuant to ch. NR 706, that report will satisfy this requirement.(b) A leak or spill of hazardous waste is exempted from the requirements of this subsection if it is all of the following: 1. Less than or equal to a quantity of one pound.2. Immediately contained and cleaned up.(c) Within 30 days of detection of a release to the environment, a report containing all of the following information shall be submitted to the department: 1. Likely route of migration of the release.2. Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate).3. Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available.4. Proximity to downgradient drinking water, surface water and populated areas.5. Description of response actions taken or planned.(5) PROVISION OF SECONDARY CONTAINMENT, REPAIR OR CLOSURE. (a) Unless the owner or operator satisfies the requirements of pars. (b) to (d), the tank system shall be closed in accordance with s. NR 664.0197.(b) If the cause of the release was a spill that has not damaged the integrity of the system, the owner or operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.(c) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.(d) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner or operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of s. NR 664.0193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of sub. (6) are satisfied. If a component is replaced to comply with the requirements of this paragraph, that component shall satisfy the requirements for new tank systems or components in ss. NR 664.0192 and 664.0193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with s. NR 664.0193 prior to being returned to use.(6) CERTIFICATION OF MAJOR REPAIRS. If the owner or operator has repaired a tank system in accordance with sub. (5), and the repair has been extensive (for example, installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system may not be returned to service unless the owner or operator has obtained a certification by a qualified professional engineer in accordance with s. NR 670.011(4) that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be placed in the operating record and maintained until closure of the facility. Note: The department or EPA Regional Administrator may, on the basis of any information received that there is or has been a release of hazardous waste or hazardous constituents into the environment, issue an order under s. 291.37 or 291.85, Stats., or 42 USC 6924(v), 6928(h), or 6973(a), requiring corrective action or other response as deemed necessary to protect human health or the environment.
Wis. Admin. Code Department of Natural Resources NR 664.0196
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 16-007: am. (6) Register July 2017 No. 739, eff.8/1/2017Amended by, correction in (Note) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020See s. NR 664.0015(3) for the requirements necessary to remedy a failure. Also, if a hazardous substance is released to the environment, 40 CFR part 302 may require the owner or operator to notify the national response center and s. 292.11, Stats., and ch. NR 706 may require the owner or operator to notify the department.