Wis. Admin. Code Department of Natural Resources NR 664.0551

Current through October 28, 2024
Section NR 664.0551 - Grandfathered corrective action management units (CAMUs)
(1) To implement remedies under s. NR 664.0101, s. 291.37, Stats., or 42 USC 6928(h) or to implement remedies at a licensed facility that is not subject to s. NR 664.0101, the department may designate an area at the facility as a corrective action management unit under the requirements in this section. In this section, "corrective action management unit" or "CAMU" means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A CAMU shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
(a) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.
(b) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.
(2)
(a) The department may designate a regulated unit (as defined in s. NR 664.0090(1) (b)) as a CAMU, or may incorporate a regulated unit into a CAMU, if all of the following apply:
1. The regulated unit is closed or closing, meaning it has begun the closure process under s. NR 664.0113 or 665.0113.
2. Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial actions for the facility.
(b) The subchs. F, G and H requirements and the unit-specific requirements of this chapter or ch. NR 665 that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.
(3) The department shall designate a CAMU in accordance with all of the following:
(a) The CAMU shall facilitate the implementation of reliable, effective, protective and cost-effective remedies.
(b) Waste management activities associated with the CAMU may not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents.
(c) The CAMU shall include uncontaminated areas of the facility, only if including the areas for the purpose of managing remediation waste is more protective than management of the wastes at contaminated areas of the facility.
(d) Areas within the CAMU, where wastes remain in place after closure of the CAMU, shall be managed and contained so as to minimize future releases, to the extent practicable.
(e) The CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable.
(f) The CAMU shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility or volume of wastes that will remain in place after closure of the CAMU.
(g) The CAMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU.
(4) The owner or operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in s. NR 664.0552.
(5) The department shall specify, in the license or order, requirements for CAMUs to include all of the following:
(a) The areal configuration of the CAMU.
(b) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(c) Requirements for groundwater monitoring that are sufficient to do all of the following:
1. Continue to detect and to characterize the nature, extent, concentration, direction and movement of existing releases of hazardous constituents in groundwater from sources located within the CAMU.
2. Detect and subsequently characterize releases of hazardous constituents to groundwater that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU.
(d) Closure and long-term care requirements.
1. Closure of corrective action management units shall do all of the following:
a. Minimize the need for further maintenance.
b. Control, minimize or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff or hazardous waste decomposition products to the ground, to surface waters or to the atmosphere.
2. Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU:
a. Requirements for excavation, removal, treatment or containment of wastes.
b. For areas in which wastes will remain after closure of the CAMU, requirements for capping of the areas.
c. Requirements for removal and decontamination of equipment, devices and structures used in remediation waste management activities within the CAMU.
3. In establishing specific closure requirements for CAMUs under s. NR 664.0552(5), the department shall consider all of the following factors:
a. CAMU characteristics.
b. Volume of wastes which remain in place after closure.
c. Potential for releases from the CAMU.
d. Physical and chemical characteristics of the waste.
e. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases.
f. Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.
4. Long-term care requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities and the frequency with which the activities shall be performed to ensure the integrity of any cap, final cover or other containment system.
(6) The department shall document the rationale for designating CAMUs and shall make the documentation available to the public.
(7) Incorporation of a CAMU into an existing license shall be approved by the department according to the procedures for department-initiated license modifications under s. NR 670.041, or according to the license modification procedures of s. NR 670.042.
(8) The designation of a CAMU does not change the department's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility or other remedy selection decisions.

Wis. Admin. Code Department of Natural Resources NR 664.0551

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
Amended by, CR 19-082: am. (1) Register August 2020 No. 776, eff. 9/1/2020