Wis. Admin. Code Department of Natural Resources NR 670.014

Current through October 28, 2024

Section NR 670.014 - Contents of the feasibility and plan of operation report: general requirements

(1) GENERAL INFORMATION. The feasibility and plan of operation report consists of the general information requirements of this section, and the specific information requirements in ss. NR 670.014 to 670.029 applicable to the facility. The feasibility and plan of operation information requirements presented in ss. NR 670.014 to 670.029 reflect the standards promulgated in ch. NR 664. These information requirements are necessary in order for the department to determine compliance with the ch. NR 664 standards. If owners and operators of HWM facilities can demonstrate that the information prescribed in the feasibility and plan of operation report cannot be provided to the extent required, the department may make allowance for submission of the information on a case-by-case basis. Information required in the feasibility and plan of operation report shall be submitted to the department and signed according to s. NR 670.011. Technical data, such as design drawings and specifications, and engineering studies shall be certified by a qualified professional engineer. For long-term care licenses, only the information specified in s. NR 670.028 is required in the feasibility and plan of operation report.

(2) GENERAL INFORMATION REQUIREMENTS. All of the following information is required for all HWM facilities, except as s. NR 664.0001 provides otherwise:

(a) A general description of the facility.

(b) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store or dispose of the wastes properly according to ch. NR 664.

(c) A copy of the waste analysis plan required by s. NR 664.0013(2) and, if applicable s. NR 664.0013(3).

(d) A description of the security procedures and equipment required by s. NR 664.0014, or a justification demonstrating the reasons for requesting a waiver of this requirement.

(e) A copy of the general inspection schedule required by s. NR 664.0015(2). Include where applicable, as part of the inspection schedule, specific requirements in ss. NR 664.0174, 664.0193(9), 664.0195, 664.0226, 664.0254, 664.0303, 664.0602, 664.1033, 664.1052, 664.1053, 664.1058, 664.1084, 664.1085, 664.1086 and 664.1088.

(f) A justification of any request for a waiver of the preparedness and prevention requirements of subch. C of ch. NR 664.

(g) A copy of the contingency plan required by subch. D of ch. NR 664.

Note: Include, where applicable, as part of the contingency plan, specific requirements in ss. NR 664.0227 and 664.0200.

(h) A description of procedures, structures or equipment used at the facility to do all of the following:

1. Prevent hazards in unloading operations (for example, ramps, special forklifts).

2. Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches).

3. Prevent contamination of water supplies.

4. Mitigate effects of equipment failure and power outages.

5. Prevent undue exposure of personnel to hazardous waste (for example, protective clothing).

6. Prevent releases to atmosphere.

(i) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive or incompatible wastes as required to demonstrate compliance with s. NR 664.0017 including documentation demonstrating compliance with s. NR 664.0017(3).

(j) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals).

(k)

3. Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant federal insurance administration flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.

Note: Where maps for the national flood insurance program produced by the federal insurance administration (FIA) of the federal emergency management agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area, usually areas of the floodplain less than 200 feet in width, these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.

4. Owners and operators of facilities located in the 100-year floodplain shall provide the following information:

a. Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.

b. Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.

c. If applicable, and in lieu of subds. 4. a. and b., a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:

1) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility.

2) A description of the location or locations to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under chs. NR 664 to 666 and 670.

3) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use.

4) The potential for accidental discharges of the waste during movement.

5. Existing facilities not in compliance with s. NR 664.0018(2) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.

6. Owners and operators of all facilities shall provide an identification of whether the facility is located in:

a. A habitat determined by the department to be critical to the continued existence of any threatened or endangered species listed in ch. NR 27.

b. A wetland.

(l) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with s. NR 664.0016. A brief description of how training will be designed to meet actual job tasks according to s. NR 664.0016(1) (c).

(m) A copy of the closure plan and, where applicable, the long-term care plan required by ss. NR 664.0112, 664.0118 and 664.0197. Include, where applicable, as part of the plans, specific requirements in ss. NR 664.0178, 664.0197, 664.0228, 664.0258, 664.0310, 664.0351, 664.0601 and 664.0603.

(n) For hazardous waste disposal units that have been closed, documentation that notices required under s. NR 664.0119 have been filed.

(o) The most recent closure cost estimate for the facility prepared according to s. NR 664.0142 and a copy of the documentation required to demonstrate financial assurance under s. NR 664.0143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the feasibility and plan of operation report.

(p) Where applicable, the most recent long-term care cost estimate for the facility prepared according to s. NR 664.0144 plus a copy of the documentation required to demonstrate financial assurance under s. NR 664.0145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the feasibility and plan of operation report.

(q) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with s. NR 664.0147. For a new facility, documentation showing the amount of insurance meeting the specification of s. NR 664.0147(1) and, if applicable, s. NR 664.0147(2), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage or disposal. A request for an alternate amount of required coverage, for a new or existing facility, may be submitted as specified in s. NR 664.0147(3).

(s) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (one inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas shall use large contour intervals to adequately show topographic profiles of facilities. The map shall clearly show all of the following:

1. Map scale and date.

2. 100-year floodplain area.

3. Surface waters including intermittent streams.

4. Surrounding land uses (residential, commercial, agricultural, recreational).

5. A wind rose (i.e., prevailing wind-speed and direction).

6. Orientation of the map (north arrow).

7. Legal boundaries of the HWM facility site.

8. Access control (fences, gates).

9. Injection and withdrawal wells both on-site and off-site.

10. Buildings; treatment, storage or disposal operations; or other structure (recreation areas, runoff control systems, access and internal roads, storm, sanitary and process sewerage systems, loading and unloading areas, fire control facilities, etc.)

11. Barriers for drainage or flood control.

12. Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored or disposed (include equipment cleanup areas).

Note: For large HWM facilities the department may allow the use of other scales on a case-by-case basis.

(u) For land disposal facilities, if a case-by-case extension has been approved under 40 CFR 268.5 or a petition has been approved under 40 CFR 268.6, a copy of the notice of approval for the extension or petition is required.

(v) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under s. NR 670.431(3).

(w) Documentation demonstrating compliance with the local approval requirements of s. NR 670.007(1) (a) to (c).

(x) Applicants shall submit information to enable the department to make a determination on all of the following:

1. Noncompliance with plans or orders under s. 289.34, Stats., including the following information:

a. Identification of all persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant.

b. Identification of all other Wisconsin solid or hazardous waste facilities for which the applicant or any person identified in subd. 1. a. is named in, or subject to an order or plan approval issued by the department.

c. Identification of all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or person identified in subpar. a. owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets.

d. A statement indicating whether or not all plan approvals and orders relating to all facilities identified in subpars. b. and c. are being complied with.

2. The need for an environmental impact statement under s. 289.25, Stats., including the following information:

a. A summary of the project, such as the purpose, history, background, relevant local, state and federal permits or approvals and zoning changes.

b. A description of the proposed physical changes, including:

1) Changes in terrestrial resources, such as soil placement necessary to reach the proposed sub-base grades, construction of access roads, surface water drainage features and sedimentation controls.

2) Changes in aquatic resources, such as potential impacts to streams, wetlands, lakes and flowages under existing conditions as well as that anticipated during active operations and after closure.

3) Buildings, treatment units, roads and other structures to be constructed in conjunction with the facility.

4) Emissions and discharges such as dust, odors, gases, leachate, and surface water runoff associated with facility preparation, construction, operation, and closure.

5) Other changes anticipated with facility development.

6) Maps, plans and other descriptive material such as a facility development plan to clarify the information provided.

c. A description of the existing environment that may be affected, including:

1) The physical environment such as the regional and local topography, geology, surface water drainage features, hydrogeologic conditions, air and wetlands as well as an evaluation of groundwater quality data and overall performance of any existing solid or hazardous waste units.

2) The dominant aquatic and terrestrial plant and animal species and habitats found in the area.

3) Land use, dominant features and zoning in the area.

4) Social and economic conditions such as any ethnic or cultural groups.

5) Other special resources such as archaeological, historical, state natural areas and prime agricultural lands.

d. A discussion of the probable adverse and beneficial impacts including primary, indirect and secondary impacts including:

1) The physical impacts associated with facility design, construction and operation.

2) The biological impacts including destruction and creation of habitat, alteration of the physical environment and any impacts to endangered or threatened species.

3) The impacts on land use.

4) The social and economic impacts to local residents and cultural groups and the communities and industries served by the facility.

5) Other special resources such as archaeological, historical, state natural areas and prime agricultural lands.

6) Probable adverse impacts that cannot be avoided such as groundwater and surface water impacts, modifications of topography, any loss of agricultural or forest land, displacement of wildlife and adverse aesthetic impacts for people in and around the facility.

e. Identify, describe and discuss feasible alternatives including taking no action, enlargement, reduction or modification of the project; other facilities, locations or methods to the proposed action and their impacts. Particular attention shall be given to alternatives which might avoid some or all adverse environmental impacts, including proposed and existing hazardous waste treatment, storage or disposal, recycling and incineration facilities that may serve to handle the waste expected to be disposed of at the proposed facility, taking into account the economics of waste collection, transportation and disposal.

3. The need for the proposed facility or expansion as required under s. 289.28, Stats.

(3) ADDITIONAL INFORMATION REQUIREMENTS. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in s. NR 664.0090(2):

(a) A summary of the ground-water monitoring data obtained during the interim license period under ss. NR 665.0090 to 665.0094, where applicable.

(b) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow direction and rate, and the basis for the identification (i.e., the information obtained from hydrogeologic investigations of the facility area).

(c) On the topographic map required under sub. (2) (s), a delineation of the waste management area, the property boundary, the point of compliance as defined under s. NR 664.0095, the proposed location of groundwater monitoring wells as required under s. NR 664.0097, and, to the extent possible, the information required in par. (b).

(d) A description of any plume of contamination that has entered the groundwater from a regulated unit at the time that the application was submitted that does all of the following:

1. Delineates the extent of the plume on the topographic map required under sub. (2) (s).

2. Identifies the concentration of each ch. NR 664 Appendix IX, constituent throughout the plume or identifies the maximum concentrations of each ch. NR 664 Appendix IX constituent in the plume.

(e) Detailed plans and an engineering report describing the proposed groundwater monitoring program to be implemented to meet s. NR 664.0097.

(f) If the presence of hazardous constituents has not been detected in the groundwater at the time of the license application, the owner or operator shall submit sufficient information, supporting data and analyses to establish a detection monitoring program which meets s. NR 664.0098. This submission shall address all of the following items specified under s. NR 664.0098:

1. A proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the groundwater.

2. A proposed groundwater monitoring system.

3. Background values for each proposed monitoring parameter or constituent, or procedures to calculate the values.

4. A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.

(g) If the presence of hazardous constituents has been detected in the groundwater at the point of compliance at the time of the license application, the owner or operator shall submit sufficient information, supporting data and analyses to establish a compliance monitoring program which meets s. NR 664.0099. Except as provided in s. NR 664.0098(7) (e), the owner or operator shall also submit an engineering feasibility plan for a corrective action program necessary to meet s. NR 664.0100, unless the owner or operator obtains written authorization in advance from the department to submit a proposed license schedule for submittal of such a plan. To demonstrate compliance with s. NR 664.0099, the owner or operator shall address all of the following items:

1. A description of the wastes previously handled at the facility.

2. A characterization of the contaminated groundwater, including concentrations of hazardous constituents.

3. A list of hazardous constituents for which compliance monitoring will be undertaken according to ss. NR 664.0097 and 664.0099.

4. Proposed concentration limits for each hazardous constituent, based on the criteria set forth in s. NR 664.0094(1), including a justification for establishing any alternate concentration limits.

5. Detailed plans and an engineering report describing the proposed groundwater monitoring system, according to s. NR 664.0097.

6. A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating groundwater monitoring data.

(h) If hazardous constituents have been measured in the groundwater which exceed the concentration limits established under s. NR 664.0094, Table 1, or if groundwater monitoring conducted at the time of the license application under s. NR 665.0090 to 665.0094 at the waste boundary indicates the presence of hazardous constituents from the facility in groundwater over background concentrations, the owner or operator shall submit sufficient information, supporting data and analyses to establish a corrective action program which meets s. NR 664.0100. However, an owner or operator is not required to submit information to establish a corrective action program if the owner or operator demonstrates to the department that alternate concentration limits will protect human health and the environment after considering the criteria listed in s. NR 664.0094(2). An owner or operator who is not required to establish a corrective action program for this reason shall instead submit sufficient information to establish a compliance monitoring program which meets s. NR 664.0099 and par. (f). To demonstrate compliance with s. NR 664.0100, the owner or operator shall address, at a minimum, all of the following items:

1. A characterization of the contaminated groundwater, including concentrations of hazardous constituents.

2. The concentration limit for each hazardous constituent found in the groundwater as set forth in s. NR 664.0094.

3. Detailed plans and an engineering report describing the corrective action to be taken.

4. A description of how the groundwater monitoring program will demonstrate the adequacy of the corrective action.

5. The license may contain a schedule for submittal of the information required in subds. 3. and 4. provided the owner or operator obtains written authorization from the department prior to submittal of the complete license application.

(4) INFORMATION REQUIREMENTS FOR SOLID WASTE MANAGEMENT UNITS.

(a) An owner or operator shall submit all of the following information for each solid waste management unit at a facility:

1. The location of the unit on the topographic map required under sub. (2) (s).

2. Designation of type of unit.

3. General dimensions and structural description (supply any available drawings).

4. When the unit was operated.

5. Specification of all wastes that have been managed at the unit, to the extent available.

6. For each unit, a description of corrective action as defined in s. 291.37(1) (a), Stats., that was previously taken or is required to be taken, including a description of the corrective action, the anticipated time period for achieving compliance and the basis for its length, and a cost estimate for completion of corrective action that is consistent with the long-term care cost estimate requirements as specified in s. NR 664.0014(1).

(b) The owner or operator of any facility containing one or more solid waste management units shall submit all available information pertaining to any release of hazardous wastes or hazardous constituents from the unit or units.

(c) The owner or operator shall conduct and provide the results of sampling and analysis of groundwater, landsurface and subsurface strata, surface water or air, which may include the installation of wells, where the department ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.

Wis. Admin. Code Department of Natural Resources NR 670.014

CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (3) (d) 2. made under s. 13.92(4) (b) 7, Stats., Register March 2013 No. 687.

Amended by, CR 16-007: am. (1) Register July 2017 No. 739, eff.8/1/2017

Amended by, CR 19-082: cr. (4) (a) 6. Register August 2020 No. 776, eff. 9/1/2020

Amended by, correction in (4) (a) 6. made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021