Section NR 665.0112 - Closure plan; amendment of plan(1) WRITTEN PLAN. By February 1, 1982, or by 6 months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility shall have a written closure plan. Until final closure is completed and certified in accordance with s. NR 665.0115, a copy of the most current plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department.(2) CONTENT OF PLAN. The plan shall identify steps necessary to perform partial or final closure of the facility, or both, at any point during its active life. The closure plan shall include, at least all of the following: (a) A description of how each hazardous waste management unit at the facility will be closed in accordance with s. NR 665.0111.(b) A description of how final closure of the facility will be conducted in accordance with s. NR 665.0111. The description shall identify the maximum extent of the operation which will be unclosed during the active life of the facility.(c) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial and final closure, including, but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the types of off-site hazardous waste management units to be used, if applicable.(d) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils and criteria for determining the extent of decontamination necessary to satisfy the closure performance standard.(e) A detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection and run-on and run-off control.(f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.).(g) An estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial assurance under s. NR 665.0143 or 665.0145 and whose remaining operating life is less than 20 years, and for facilities without approved closure plans.(h) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090(6), 665.0110(4) or 665.0140(4), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements.(3) AMENDMENT OF PLAN. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan shall submit a written request to the department to authorize a change to the approved closure plan. The written request shall include a copy of the amended closure plan for approval by the department. (a) The owner or operator shall amend the closure plan under any of the following circumstances: 1. Changes in operating plans or facility design affect the closure plan.2. There is a change in the expected year of closure, if applicable.3. In conducting partial or final closure activities, unexpected events require a modification of the closure plan.4. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 665.0090(6), 665.0110(4) or 665.0140(4).(b) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with s. NR 665.0310.(c) An owner or operator with an approved closure plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan no more than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with s. NR 665.0310. If the amendment to the plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (4) (d).(d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved in accordance with the procedures in sub. (4) (d).(4) NOTIFICATION OF PARTIAL CLOSURE AND FINAL CLOSURE. (a) The owner or operator shall notify the department in writing of the intent to close the facility at least 180 days prior to the partial or final closure of a hazardous waste facility. The owner or operator shall submit the closure plan to the department at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator shall submit the closure plan to the department at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks, container storage or incinerator units.(b) The date when the owner or operator "expects to begin closure" shall be either of the following: 1. Within 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all interim license requirements, the department may approve an extension to this one-year limit.2. For units meeting the requirements of s. NR 665.0113(4), no later than 30 days after the date on which the hazardous waste management unit receives the known final volume of nonhazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional nonhazardous wastes, no later than one year after the date on which the unit received the most recent volume of nonhazardous wastes. If the owner or operator can demonstrate to the department that the hazardous waste management unit has the capacity to receive additional nonhazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable interim license requirements, the department may approve an extension to this one-year limit.(c) The owner or operator shall submit its closure plan to the department no later than 15 days after either of the following:1. Denial, suspension or revocation of an interim license except when an operating license is issued simultaneously with revocation of an interim license.2. Issuance of a judicial decree, department order, or final order pursuant to 42 USC 6928(h) to cease receiving waste or close.(d) The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department will approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved closure plan. The department shall assure that the approved plan is consistent with ss. NR 665.0111, 665.0113 to 665.0115 and this section and the applicable requirements of subch. F and ss. NR 665.0197, 665.0228, 665.0258, 665.0310, 665.0351, 665.0381, 665.0404 and 664.1102. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.(5) REMOVAL OF WASTES AND DECONTAMINATION OR DISMANTLING OF EQUIPMENT. Nothing in this section shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.Wis. Admin. Code Department of Natural Resources NR 665.0112
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 19-082: am. (4) (c) 2. Register August 2020 No. 776, eff. 9/1/2020