Section NR 664.0228 - Closure and long-term care(1) At closure, the owner or operator shall comply with either par. (a) or (b): (a) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless s. NR 661.0003(4) applies.(b) Do all of the following: 1. Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues.2. Stabilize remaining wastes to a bearing capacity sufficient to support final cover.3. Cover the surface impoundment with a final cover designed and constructed to do all of the following: a. Provide long-term minimization of the migration of liquids through the closed impoundment.b. Function with minimum maintenance.c. Promote drainage and minimize erosion or abrasion of the final cover.d. Accommodate settling and subsidence so that the cover's integrity is maintained.e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.(2) If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 664.0117 to 664.0120, including maintenance and monitoring throughout the long-term care period (specified in the operating license under s. NR 664.0117). The owner or operator shall do all of the following: (a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events.(b) Maintain and monitor the leak detection system in accordance with ss. NR 664.0221(3) (b) 4. and (c) and 664.0226(4), and comply with all other applicable leak detection system requirements of this chapter.(c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F.(d) Prevent run-on and run-off from eroding or otherwise damaging the final cover.(3)(a) If an owner or operator plans to close a surface impoundment in accordance with sub. (1) (a), and the impoundment does not comply with the liner requirements of s. NR 664.0221(1) and is not exempt from them in accordance with s. NR 664.0221(2), then both of the following apply: 1. The closure plan for the impoundment under s. NR 664.0112 shall include both a plan for complying with sub. (1) (a) and a contingent plan for complying with sub. (1) (b) in case not all contaminated subsoils can be practicably removed at closure.2. The owner or operator shall prepare a contingent long-term care plan under s. NR 664.0118 for complying with sub. (2) in case not all contaminated subsoils can be practicably removed at closure.(b) The cost estimates calculated under ss. NR 664.0142 and 664.0144 for closure and long-term care of an impoundment subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent long-term care plan, but are not required to include the cost of expected closure under sub. (1) (a). Wis. Admin. Code Department of Natural Resources NR 664.0228
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 19-082: am. (1) (a) Register August 2020 No. 776, eff. 9/1/2020