Chapter NR 504

NR 504.02(1)(b)2. 2. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.

NR 504.02(1)(b)3. 3. Metallic mining operations for ferrous minerals as defined under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.

NR 504.02(2) (2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.

NR 504.02 Note Note: Owners or operators proposing to site a new or expand an existing municipal solid waste landfill within a 5 mile radius of any airport runway end used by turbojet or piston type aircraft must notify the owner or operator of the affected airport and the federal aviation administration (FAA).

NR 504.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1995, No. 473; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), Register, August, 1997, No. 500, eff. 9-1-97; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 3. and am., cr. (b) (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 504.03 NR 504.03 Definitions. The terms in this chapter are defined in s. NR 500.03.

NR 504.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 504.04 NR 504.04 Landfill locational criteria and performance standards.

NR 504.04(1) (1) General. As part of the feasibility report required under ch. NR 512 an applicant shall demonstrate to the department that the proposed landfill will comply with all of the locational criteria and performance standards of this section unless an exemption is granted.

NR 504.04(2) (2) Exemptions.

NR 504.04(2)(a) (a) Exemptions from compliance with subs. (3) (a), (b), (d), (e), (f), (g), (h), (i) and (4) (b), (e) and (f) may be granted by the department only upon demonstration by the applicant of circumstances which warrant an exemption. Compliance with sub. (4) (a) shall be evaluated in accordance with the standards in ch. NR 103. For the purpose of determining whether there is a practicable alternative to a proposed landfill expansion under s. NR 103.08, the department may allow an applicant to limit its analysis of alternatives to alternatives within the boundaries of the property where the existing landfill is located and on property immediately adjacent to the existing landfill. Exemptions from compliance with subs. (3) (c) and (4) (c) may not be granted. Exemptions from compliance with sub. (4) (d) may be granted only according to the procedures set forth in chs. NR 507 and 140. Exemptions from compliance with sub. (3) (f) will be based on an evaluation of the information contained in par. (b). However, no exemptions from sub. (3) (f) may be granted unless information on the well location, current and immediate past well owners, well driller, well log and construction details, the general hydrogeologic setting and a completed s. NR 812.43 variance request is submitted to the department. Exemptions from sub. (3) (f) shall be requested by the applicant and re-evaluated for each subsequent expansion proposal. Exemptions from sub. (3) (i) may be granted only if the applicant demonstrates that engineering measures have been incorporated into the landfill’s design to ensure that the integrity of the structural components of the landfill will not be disrupted.

NR 504.04 Note Note: Contact the groundwater expert or water supply specialist in the local DNR office to obtain a list of the current requirements for a completed s. NR 812.43 variance request. To determine who is the appropriate contact in a particular part of the state either call [phone] or e-mail the Drinking Water and Groundwater program at [e-mail].

NR 504.04(2)(b) (b) Additional factors which may be considered by the department in determining whether or not to grant exemptions under this section include waste types, characteristics and quantities; the geology and hydrogeology of the landfill; the proposed landfill design and operation; the availability of other environmentally suitable alternatives; status of the s. NR 812.43 variance application; compliance with other state and federal regulations and the health, safety and welfare of the public. Requests for exemptions and information needed to demonstrate the circumstances that warrant exemptions shall be addressed by the applicant in the feasibility report.

NR 504.04(3) (3) Locational criteria. No person may establish, construct, operate, maintain or permit the use of property for a landfill where the limits of filling are or would be within the following areas:

NR 504.04(3)(a) (a) Within 1,000 feet of any navigable lake, pond or flowage not including landfill drainage or sedimentation control structures.

NR 504.04(3)(b) (b) Within 300 feet of any navigable river or stream.

NR 504.04(3)(c) (c) Within a floodplain.

NR 504.04(3)(d) (d) Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal aid primary highway or the boundary of any public park or state natural area, unless the landfill is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or natural area.

NR 504.04(3)(e) (e) Within an area where the design or operation of the landfill would pose a significant bird hazard to aircraft.

NR 504.04(3)(e)1. 1. A landfill which is proposed to be located within 10,000 feet of any airport runway end designed or planned to be designed and used by turbojet aircraft or within 5,000 feet of any airport runway end designed for and used only by piston type aircraft and which is proposed to be used for the disposal of putrescible waste shall be presumed to pose a significant bird hazard to aircraft unless the applicant can demonstrate to the satisfaction of the department that the landfill will not pose a significant bird hazard to aircraft.

NR 504.04(3)(e)2. 2. A landfill used for the disposal of putrescible waste which is in existence on July 1, 1996, and which is located within 10,000 feet of any airport runway end used or planned to be used by turbojet aircraft or within 5,000 feet of any runway end used by only piston-type aircraft shall be closed by October 9, 1996 unless the owner or operator of the landfill demonstrates to the satisfaction of the department that the landfill will not pose a significant hazard to aircraft. The deadline for closure may be extended by the department by up to 2 years if the owner or operator demonstrates that there is no available alternative disposal capacity and there is no immediate threat to human health and the environment.

NR 504.04 Note Note: Owners or operators proposing to site a new or expand an existing municipal solid waste landfill within a 5 mile radius of any airport runway end used by turbojet or piston type aircraft must notify the owner or operator of the affected airport and the federal aviation administration (FAA).

NR 504.04(3)(f) (f) Within 1,200 feet of any public or private water supply well.

NR 504.04(3)(g) (g) Within 200 feet of a fault that has had displacement in Holocene time.

NR 504.04(3)(h) (h) Within seismic impact zones.

NR 504.04(3)(i) (i) Within unstable areas.

NR 504.04(4) (4) Performance standards. No person may establish, construct, operate, maintain or permit the use of property for a landfill if there is a reasonable probability that the landfill will cause:

NR 504.04(4)(a) (a) A significant adverse impact on wetlands as provided in ch. NR 103.

NR 504.04(4)(b) (b) A take of an endangered or threatened species in accordance with s. 29.604, Stats.

NR 504.04(4)(c) (c) A detrimental effect on any surface water.

NR 504.04(4)(d) (d) A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design the point of standards application is defined by s. NR 140.22 (1).

NR 504.04(4)(e) (e) The migration and concentration of explosive gases in any landfill structures excluding the leachate collection system or gas control or recovery system components in excess of 25% of the lower explosive limit for such gases at any time. The migration and concentration of explosive gases in the soils outside of the limits of filling within 200 feet of the landfill property boundary or beyond the landfill property boundary in excess of the lower explosive limit for such gases at any time. The migration and concentration of explosive gases in the air outside of the limits of filling within 200 feet of the landfill boundary or beyond the landfill property boundary in excess of the lower explosive limit for such gases at any time.

NR 504.04(4)(f) (f) The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07.

NR 504.04 History History: Cr. January, 1988, No. 385, eff. 2-6-88; am. (1), (2) (a), (b), (3) (intro.), (a), (d), (4) (intro.), (a) (e), r. and recr. (3) (e), cr. (3) (g) to (i), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (a), Register, May, 1998, No. 509, eff. 6-1-98; CR 05-020: am. (2) (a), (b), (3) (d), (4) (b) and (f) Register January 2006 No. 601, eff. 2-1-06; correction in (4) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 736.

NR 504.05 NR 504.05 General design and construction criteria.

NR 504.05(1) (1) Unless otherwise specified in this chapter, the minimum design criteria in ss. NR 504.06 to 504.09 apply to all new landfills and to the expansion of existing landfills for which the plan of operation was approved after July 1, 1996, as well as to proposed design changes for all landfills which are submitted after July 1, 1996. Landfills designed in substantial conformance with these design criteria are presumed to be capable of meeting the performance standards of s. NR 504.04 (4) (d) regarding groundwater quality.

NR 504.05(2) (2) If the proposed design differs from the requirements in ss. NR 504.06 to 504.09, the applicant shall provide supporting justification for any differences.

NR 504.05(3) (3) The design capacity of all proposed landfills, except landfills that are exempted in s. 289.28 (2), Stats., shall be determined such that the projected operating life of the landfill is not less than 10 years nor more than 15 years. Expansions of existing landfills are not subject to the 10-year minimum design capacity requirement. Waste approved for use in construction of landfill components is not considered part of the design capacity.

NR 504.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96.

NR 504.06 NR 504.06 Minimum design and construction criteria for landfill liners and leachate collection systems.

NR 504.06(1) (1) General.

NR 504.06(1)(a) (a) All major phases of landfills initially accepting municipal solid waste after July 1, 1996, shall be designed with a composite liner and a leachate collection system capable of limiting the average leachate head level on the composite liner to one foot or less during operation and after closure of the landfill, except as provided in s. NR 504.10 (1) (c). The composite liner shall consist of 2 components; the upper component shall consist of a nominal 60-mil or thicker geomembrane liner with no thickness measurements falling below the minimum industry accepted manufacturing tolerances, and the lower component shall consist of a minimum 4 foot thick layer of compacted clay meeting the specifications of s. NR 504.06 (2) (a). The geomembrane component shall be installed in direct and uniform contact with the compacted clay soil component, and the landfill shall meet or exceed the standards in the applicable portions of subs. (2), (3) and (4). All other landfills shall be designed to contain and collect leachate to the maximum practical extent. This shall be accomplished by designing the landfill to meet the standards contained in the applicable portions of subs. (2), (3) and (4), unless the department approves the applicant’s alternative design as per s. NR 504.10, which provides an equivalent or better level of performance than the standards contained in this chapter.

NR 504.06(1)(b) (b) If the applicant does not complete construction of the first major phase of the landfill within 2 years from the date of the plan of operation approval, the applicant shall reapply to the department for approval to construct the landfill. This application does not constitute a feasibility report as defined in s. 289.24, Stats. The department may require additional conditions of approval and require redesign of the landfill in accordance with state-of-the-art design criteria.

NR 504.06(2) (2) Composite or clay lined landfills. All landfills designed with a composite liner or a clay liner shall meet the following requirements:

NR 504.06(2)(a) (a) All clay used in liner construction shall meet the following specifications:

NR 504.06(2)(a)1. 1. A minimum of 50% by weight which passes the 200 sieve.

NR 504.06(2)(a)2. 2. A saturated hydraulic conductivity of 1x10-7 cm/sec or less, when compacted to required moisture contents and densities based on the modified Proctor method, standard Proctor method, or a line of optimums method approved by the department.

NR 504.06(2)(a)3. 3. An average liquid limit of 25 or greater with no values less than 20.

NR 504.06(2)(a)4. 4. An average plasticity index of 12 or greater with no values less than 10.

NR 504.06(2)(b) (b) The separation distance between the seasonal high groundwater table and the bottom of the clay component of a composite liner or a clay liner shall be at least 10 feet except for zone-of-saturation landfills.

NR 504.06(2)(c) (c) The separation distance between the top of the bedrock surface and the bottom of the clay component of a composite liner or a clay liner shall be at least 10 feet.

NR 504.06(2)(d) (d) The slope of the liner surface toward the leachate collection lines shall be at least 2%.

NR 504.06(2)(e) (e) The minimum thickness of the clay component of a composite liner at all locations shall be at least 4 feet. The minimum thickness of a clay liner at all locations shall be at least 5 feet.

NR 504.06(2)(f) (f) The clay component of a composite liner or a clay liner shall be constructed in the following manner:

NR 504.06(2)(f)1. 1. All clay layers in the liner shall be constructed in lift heights no greater than 6 inches after compaction using footed compaction equipment having feet at least as long as the loose lift height. As needed, clay shall be disked or otherwise mechanically processed prior to compaction to break up clods and allow for moisture content adjustment. Clod size shall be no greater than 4 inches. All compaction equipment utilized shall have a minimum static weight of 30,000 pounds. Lighter equipment may be used in small areas where it is not possible to use full size equipment. Alternative procedures or equipment may be proposed for approval by the department.

NR 504.06(2)(f)2. 2. A sufficient number of passes of the compaction equipment shall be made over each lift of clay to ensure complete remolding of the clay.

NR 504.06(2)(f)3. 3. All clay shall be compacted to 90% modified or 95% standard Proctor density at a moisture content at least 2% wet of optimum if using the modified Proctor method and wet of optimum if using the standard Proctor method, based on the characteristics of the appropriate Proctor curve for the clay being placed. As clay placement proceeds, the minimum density and moisture content targets shall be adjusted as necessary. The department recommends use of an alternate method of determining adequate density and moisture content based on a line of optimums method. However, this method may not be used unless it has been previously detailed in a landfill’s plan of operation or a proposed plan modification and approved in writing by the department. At a minimum, any such proposal shall address how the line of optimums would be defined, as well as how the minimum dry unit weight needed to ensure adequate shear strength of the clay soils proposed would be determined.

NR 504.06(2)(g) (g) The slope of the interior sidewalls of a landfill may not exceed 3 horizontal to one vertical nor be less than 5 horizontal to one vertical.

NR 504.06(2)(h) (h) The clay component of a liner in adjacent phases shall be keyed together to form a continuous clay seal. This shall be accomplished by excavating steps along the edge of the existing lined phase and overlapping them with the lifts of clay being placed for the liner of the new phase. A minimum of 4 steps shall be included, with the total width of the spliced area measuring a minimum of 15 feet.

NR 504.06(3) (3) Composite-lined landfills. All landfills designed with a composite liner shall meet the following additional requirements for the geomembrane component of the liner:

NR 504.06(3)(a) (a) All geomembranes shall be fabricated from resins specifically formulated for waste containment purposes. Nominal geomembrane thickness shall be 60 mils or greater with no thickness measurements falling below the minimum industry accepted manufacturing tolerances.

NR 504.06(3)(b) (b) Additional protection shall be provided for the geomembrane component of the composite liner along areas subject to traffic or other concentrated activity during construction or operation. This shall include sumps, sideslope risers and entry ramps.

NR 504.06(3)(c) (c) For slopes in excess of 10%, geomembrane panels shall be installed such that all seams run perpendicular to the contour lines of the slope to the extent possible.

NR 504.06(3)(d) (d) Prior to geomembrane placement, the clay surface shall be rolled and graded so it is free of irregularities, protrusions, loose soil and abrupt changes in grade. The surface shall also be free of stones, grade stakes and construction debris which may be damaging to the geomembrane and shall contain no areas excessively softened by high water content. The clay surface shall be sufficiently dry and dense such that the construction equipment used to place the geomembrane panels do not rut the clay surface. All depressions and large cracks shall be filled in with tamped clay.

NR 504.06(3)(e) (e) Geomembrane panels made of polyethylene resins shall be welded by double-tracked, fusion welding machines for all linear seams. Corners, butt seams and long repairs shall be fusion welded where possible. Extrusion or fusion welding shall be used for all other repairs, detail work and patches. Department approval shall be obtained prior to use of any other welding method for either panel seaming, repairs or construction of details.

NR 504.06(3)(f) (f) The geomembrane component of a composite liner constructed in phases adjacent to each other shall be welded together to form a continuous membrane surface. The liner extending beyond the proposed edge of waste at a phase junction shall be protected from traffic and weather.

NR 504.06(3)(g) (g) Wrinkles in the geomembrane component which are higher than they are wide, shall be smoothed or cut out and repaired prior to covering with soil. Guidance to machine operators placing soil on the geomembrane component shall be provided by the use of an observer with an unobstructed view of the advancing lift of soil.

NR 504.06(3)(h) (h) The minimum thickness of soil which must be present over the geomembrane component before vehicular traffic may occur shall be one foot for vehicles with ground pressure less than 5 pounds per square inch and 2 feet for all other tracked vehicles and flotation tire equipped vehicles. Trucks and other wheeled hauling equipment shall be confined to corridors or locations with a soil thickness of 3 or more feet over the geomembrane component.

NR 504.06(3)(i) (i) In order to lessen desiccation effects, the base of the landfill and the lower 10 vertical feet of the sideslope shall be covered with a drainage blanket within 30 days after completing quality control and quality assurance testing of the installation. The remaining sideslope shall be covered with either drainage material or a geotextile to prevent damage to the geomembrane.

NR 504.06(3)(j) (j) To prevent movement and folding of wrinkles, placement of soil over the membrane shall be performed during cooler temperature periods to the extent possible using methods of placement which minimize wrinkling.

NR 504.06(3)(k) (k) Anchor trenches shall be designed and constructed around the perimeter of the landfill to secure the permanent edges of the geomembrane. The geomembrane shall be seamed completely to the ends of all panels to minimize the potential of tear propagation along the seam.

NR 504.06(4) (4) Zone-of-saturation landfills. All landfills proposed with base grades beneath the groundwater table shall meet the following requirements:

NR 504.06(4)(a) (a) The landfill shall be located in a fine-grained soil environment.

NR 504.06 Note Note: Fine-grained soil environment is defined in s. NR 500.03 (86).

NR 504.06(4)(b) (b) The landfill shall meet the requirements in sub. (2) (a), (d), (e), (f), (g) and (h), and if the landfill will accept municipal solid waste, sub. (3).

NR 504.06(4)(c) (c) An analysis shall be performed of the effect which groundwater flow may have on uplift of the liner and the short and long-term stability of the geomembrane component of the composite liner. The analysis shall evaluate the effect of an underdrain or other dewatering system.

NR 504.06(4)(d) (d) Borings, backhoe pits or other means of exposing subsoils shall be performed on a 100-foot grid to a minimum depth of 5 feet below the gradient control layer, if part of the design, or a minimum depth of 5 feet below the subbase grades of the liner. All detected granular or silty soils within this 5 foot depth shall be removed and replaced with compacted, fine-grained soils.

NR 504.06(5) (5) Leachate collection systems. All leachate collection systems shall incorporate the following design features:

NR 504.06(5)(a) (a) A leachate collection system shall be included in each horizontal phase of the landfill. This system shall be designed to route leachate to the perimeter of the landfill in the most direct manner possible and limit the average leachate head level on the liner to one foot or less. The piping layout shall be such that leachate flows no more than 130 feet across the base of the liner before encountering a perforated leachate collection pipe. The department will consider greater flow distances for well designed composite landfills.

NR 504.06(5)(b) (b) The minimum slope on all leachate collection pipes at the base of the landfill shall be a constant 0.5%. The department recommends that greater pipe slopes be utilized whenever possible.

NR 504.06(5)(c) (c) The minimum diameter of all leachate collection or transfer pipes shall be 6 inches. Schedule 80 PVC pipe or an approved substitute shall be used.

NR 504.06(5)(cm) (cm) Pipe fittings selected for use with PVC and HDPE pipe shall be secured to the leachate collection pipe. PVC fittings and pipe shall be solvent-welded. HDPE fittings and pipe shall be fusion welded.

NR 504.06(5)(d) (d) Leachate collection trenches for clay liners shall be designed as rectangular trenches. Leachate collection trenches for composite liners shall be designed as vee-trenches, with a minimum depth of 18 inches and with sideslopes no steeper than 3 horizontal to one vertical. The clay component of vee-trenches shall be smooth-drum rolled such that the clay in the trenches is smooth prior to placement of the membrane.

NR 504.06(5)(dm) (dm) A geotextile shall be used to line the base and sidewalls of all leachate collection trenches and shall be placed directly over the geomembrane component of a composite liner or the clay component of a clay liner. The geotextile shall have a minimum weight of 12 oz/yd2, and may not be overlapped over the top of the trench. The geotextile specifications, including manufacturer’s data for grab and puncture strength, shall be used to demonstrate that the geotextile can resist damage due to impact and puncture when aggregate is placed over the geotextile.

NR 504.06(5)(e) (e) The bedding material utilized in backfilling the leachate collection pipe trenches shall have a uniformity coefficient of less than 4, a maximum particle diameter of 1½ inches, a maximum of 5% of the material which passes the number 4 sieve and consist of rounded to subangular gravel. A minimum depth of 4 inches of gravel shall be placed in the trenches prior to installation of the leachate pipes. The backfill shall also be placed such that a minimum of 6 inches of material exists above the top of the pipe and within the trenches. An additional 12 inches of material shall be mounded above the trench. In cases where the particle size of the drainage blanket is significantly less than the collection trench bedding, a properly designed graded soil filter or geotextile shall be utilized to minimize the migration of the drainage blanket material into the collection trenches. Limestone and dolomite may not be used in the leachate collection system unless no other suitable material is reasonably available.

NR 504.06(5)(f) (f) The sizing of sand, gravel, geotextiles and pipe openings shall be analyzed for control of piping of soil materials. The gradation of sand and gravel, the apparent opening size of geotextiles, and the pipe opening sizes shall be selected to achieve a stable and self-filtering structure under all conditions of leachate flow.

NR 504.06(5)(g) (g) All leachate collection lines shall have cleanout access points installed on both ends of each line and may not exceed 1,200 feet from the end of one cleanout to the toe of the opposite slope.

NR 504.06(5)(h) (h) Leachate lines, manholes and other engineering structures may not penetrate the liner in the vertical direction. For clay lined landfills, leachate transfer lines may penetrate the liner in the horizontal direction only. The number of liner penetrations shall be kept to a minimum. Composite lined landfills shall be designed without any perforations in the liner and in accordance with par. (j).

NR 504.06(5)(i) (i) Any leachate line that penetrates a clay liner shall have a 4 foot by 4 foot anti-seep collar placed around it. A minimum of 5 feet of compacted clay, as measured from the pipe, shall be placed around the collar in all directions.