Document Citation: Wis. Adm. Code NR 630.22

Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 630. STORAGE, TREATMENT AND DISPOSAL FACILITY GENERAL STANDARDS


Date:
08/31/2009

Document:

NR 630.22 Contingency plan and emergency procedures.

(1) CONTINGENCY PLAN. (a) The owner or operator of a facility shall develop a contingency plan so as to prevent or minimize human health or environmental damage in the event of fire, explosion or any unplanned sudden or nonsudden discharge of hazardous waste or hazardous waste constituents to air, land, groundwater or surface water. The provisions of the plan shall be implemented immediately in the event of a fire, explosion or discharge of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

(b) A copy of the contingency plan and all revisions of the plan shall be:

1. Kept at the facility office;

2. Sent to all local police departments, fire departments, hospitals and emergency response teams who may be called on to provide emergency services; and

3. Filed with the department.

(c) The plan shall be reviewed and immediately amended, if necessary, whenever:

1. The facility operating license, interim license, variance or waiver is amended;

2. The contingency plan fails in an emergency;

3. The facility changes in its design, construction, operation, maintenance or other circumstances in a way that materially increases the potential for fire, explosion or discharge of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

4. The list of emergency coordinators changes; or

5. The list of emergency equipment changes.

(d) At all times when the facility is in operation there shall be at least one person present with the responsibility of coordinating all emergency response measures. When the facility is not in operation, the facility emergency coordinator shall be present or on call and available to respond to an emergency by reaching the facility in a short period of time. The facility emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations activities at the facility, the location and characteristics of waste handled, the location of manifests within the facility, and the facility layout. In addition, the person shall have the authority to commit the resources needed to carry out the contingency plan.

(e) The contingency plan shall, as a minimum, contain the following:

1. The name, position, address and phone number, office and home, of all persons qualified to act as facility emergency coordinator as described in par. (d), and this list shall be kept up to date. Where more than one person is listed, one shall be designated as the primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be supplied to the department at the time an operating license application is submitted.

2. A description of the facility layout, types of waste handled and its associated hazards, places where facility personnel would normally be working and entrances to and roads inside the facility.

3. An evacuation plan for facility personnel where necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes and alternate evacuation routes.

4. Procedures for emergency shutdown of facility operations, and the actions facility personnel shall take to comply with subs. (1) and (2) in response to fires, explosions or any unplanned sudden or non-sudden discharge of hazardous waste or hazardous waste constituents to the air, land or surface water at the facility.

5. A description of the procedures that will be used to notify local police departments, fire departments, hospitals and emergency response teams of the discharge of hazardous waste, fire or explosion at the facility.

6. A current list of all emergency equipment at the facility, such as fire extinguishing equipment, spill equipment, internal and external alarms, and decontamination equipment where this equipment is required. The list shall include the location, physical description and the capabilities of each item.

7. A description of the arrangements agreed to under s. NR 630.21 (6) by local police departments, fire departments, hospitals, contractors and emergency response teams to coordinate emergency services.

(f) Facility employees shall be familiarized with all emergency procedures, equipment and systems contained in the contingency plan.

(g) If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan in accordance with 40 CFR 112, July 1, 1990, this plan need only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of s. NR 600.04 and chs. NR 630 to 685.

Note: The publication containing the CFR reference may be obtained from:

The Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

(2) EMERGENCY PROCEDURES. (a) In the event that a facility has, or there is an imminent threat that the facility may have, a discharge of hazardous waste or hazardous substance, a fire, explosion or other emergency which has the potential for damaging human health or the environment, the facility's emergency coordinator shall:

1. Activate internal facility alarms or communication systems to notify all personnel of an imminent or actual emergency situation, where applicable.

2. Telephone the division of emergency government and comply with the requirements of s. 292.11, Stats., and ch. NR 706.

Note: The division of emergency government's 24-hour toll- free number is 1-800-943-0003.

3. Immediately identify the character, source, amount and areal extent of any discharged materials. This may be done by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

4. Assess possible hazards to human health or the environment which may result from the discharge, fire or explosion. This assessment shall consider both direct and indirect effects of the discharge, fire or explosion such as the effects of any toxic, irritating or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat induced explosions.

5. Immediately notify appropriate authorities, if an assessment indicates that a discharge, fire or explosion could threaten human health or the environment outside the facility, and that evacuation of local areas may be advisable. The emergency coordinator shall be available to help appropriate officials decide whether local areas shall be evacuated. The emergency coordinator shall notify either the division of emergency government or the national response center. The report shall include:

a. Name and telephone number of the person who is reporting;

b. Name and address of the facility;

c. Name and type of incident;

d. Name and quantity of material or materials involved, to the extent known;

e. The extent of injuries, if any; and

f. The possible hazards to human health or the environment, outside the facility.

Note: The division of emergency government's 24-hour toll-free telephone number is 1-800-943-0003.

Note: The national response center's toll-free telephone number is (800) 424-8802.

6. Take all reasonable measures necessary to ensure that fires, explosions and discharges do not occur, recur or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing discharge waste, and removing or isolating containers.

7. Monitor for leaks, pressure buildup, gas generation or ruptures in valves, pipes or other equipment, where appropriate, if the facility stops operation in response to a fire, explosion or discharge.

8. Provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a discharge, fire or explosion at the facility, immediately after an emergency.

9. Ensure that, in the affected areas of the facility, no waste that may be incompatible with the discharged material is treated, stored or disposed of until cleanup procedures are completed; and all emergency equipment listed in the contingency plan is clean and fit for its intended use before operations are resumed.

(b) The owner or operator shall notify the department and the appropriate local authorities that the facility is in compliance with par. (a) 9. before operations are resumed in the affected areas of the facility.

(c) The owner or operator shall note in the operating record the time, date and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the department. The report shall include:

1. Name, address and telephone number of the owner or operator;

2. Name, address and telephone number of the facility;

3. Date, time and type of incident, such as fire or explosion;

4. Name and quantity of materials involved;

5. The extent of injuries, if any;

6. An assessment of actual or potential hazards to human health or the environment, where this is applicable;

7. Estimated quantity and disposition of recovered material that resulted from the incident;

8. A narrative describing the known or suspected causes of the incident and a statement describing the measures taken to investigate the cause. The narrative shall also describe any necessary measures which have been or shall be taken to prevent incidents in the future; and

9. Any amendments to the contingency plan as required in sub. (1) (b) and (c).