Chapter NR 506

NR 506.055(1)(d) (d) Discussion of how the alternate cover material will be stored on-site prior to its use, including measures to be taken to prevent transportation of contaminants to groundwater and surface water, and prevention of windblown nuisances.

NR 506.055(2) (2) Mandated use of alternate daily cover. Upon request from a person operating a foundry or a scrap dealer in the state of Wisconsin, the department shall require that a person operating a municipal solid waste landfill accept and use the requested foundry sand or shredder fluff for cover at part or all of the landfill for the period specified in the request if all of the following conditions are met:

NR 506.055(2)(a) (a) The foundry operator or scrap dealer agrees to transport the foundry sand or shredder fluff to the landfill either daily or on another schedule acceptable to the municipal solid waste landfill operator.

NR 506.055(2)(b) (b) The department approves the use of the foundry sand or shredder fluff for cover at the landfill.

NR 506.055(2)(c) (c) The landfill operator is not contractually bound to obtain cover from another source.

NR 506.055(2)(d) (d) The amount of cover to be provided by the requesting foundry operator or scrap dealer does not exceed the amount of cover required under the plan of operation for the landfill less any cover provided by another foundry operator or scrap dealer.

NR 506.055(3) (3) General approval for the use of alternate daily cover. The department may issue general approvals for use of specific alternate daily cover materials which have been demonstrated to control disease vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health and the environment.

NR 506.055 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.06 NR 506.06 Intermediate cover. Unless otherwise approved by the department in writing, any portion of a landfill which has been used for solid waste disposal but will not receive additional solid waste for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. A specific soil type may be specified by the department for this one foot layer. The intermediate cover shall be compacted and adequately sloped to allow storm water runoff. The slopes shall be no less than 5% and no greater than 33%. The department may require that intermediate slopes be vegetated depending on the length of time they will remain open. This section does not apply to high volume industrial waste nor does it apply to wood residue approved as a construction material or to provide protection of the liner from frost under s. NR 506.07 (3) (b), unless specifically required by the department.

NR 506.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.07 NR 506.07 Operational requirements for landfills. No person may operate or maintain a new or existing landfill except in conformance with any approved plan of operation and the following minimum requirements:

NR 506.07(1) (1) General.

NR 506.07(1)(a) (a) Daily disposal of solid waste shall be confined to as small an area as practical.

NR 506.07(1)(b) (b) Provisions shall be made to confine windblown material within the active disposal area.

NR 506.07(1)(c) (c) At the conclusion of each day of operation, all windblown material shall be collected and properly disposed of in the active area in accordance with the provisions of this section unless the operator establishes, to the satisfaction of the department, that all windblown material cannot be collected using reasonable efforts because of conditions beyond the control of the operator, and windblown material which can be collected using a reasonable effort has been collected and properly disposed and nuisance conditions do not exist.

NR 506.07(1)(d) (d) Putrescible materials such as spoiled foods and animal carcasses shall be immediately compacted and covered.

NR 506.07(1)(e) (e) Access to the landfill shall be restricted through the use of fencing, natural barriers or other methods approved in writing by the department.

NR 506.07(1)(f) (f) Effective means shall be taken to limit access to the active disposal area to minimize exposure of the public to hazards.

NR 506.07(1)(g) (g) Effective means shall be taken to control birds, flies, rodents, deer and other animals.

NR 506.07(1)(h) (h) Equipment shall be provided to control accidental fires and arrangements shall be made with the local fire protection agency to acquire its services when needed.

NR 506.07(1)(i) (i) As required in s. NR 524.05, a trained operator or certified facility manager shall be present at the landfill during all hours of operation, and a list of names of trained operators and certified facility managers shall be maintained at the landfill.

NR 506.07(1)(j) (j) A gate shall be provided at the entrance to the operation and it shall be kept locked when an attendant is not on duty.

NR 506.07(1)(k) (k) The gate area shall be policed at the beginning of each day of operation to remove any solid waste which has been indiscriminately dumped during periods when the landfill was closed.

NR 506.07(1)(L) (L) A sign, acceptable to the department, shall be posted at the entrance of any landfill operated for public use which indicates the landfill name, license number, the hours of operation, waste types accepted, penalty for unauthorized use, necessary safety precautions and any other pertinent information.

NR 506.07(1)(m) (m) The landfill shall be surrounded with rapidly growing trees, shrubbery, fencing, berms or other appropriate means to screen it from the surrounding area and to provide a wind break.

NR 506.07(1)(n) (n) Fugitive dust shall be controlled in accordance with s. NR 415.04 from all areas of the landfill.

NR 506.07(1)(o) (o) Scavenging within the active disposal area is prohibited.

NR 506.07(1)(p) (p) Provisions shall be made for back-up equipment in the event of operating equipment breakdown.

NR 506.07(1)(q) (q) A minimum separation distance of 20 feet shall be maintained between the limits of filling and adjacent property or the perimeter of the licensed acreage, whichever is closer at nonapproved facilities as defined in s. 289.01 (24), Stats. At all other facilities, a minimum separation distance of 100 feet shall be maintained between the limits of solid waste filling and the property boundary or the perimeter of the licensed acreage, whichever is closer. The department may require additional separation distance if necessary to provide for vehicle access, drainage, monitoring, gas migration control, separation to adjacent homes or other landfill development factors.

NR 506.07(1)(r) (r) All topsoil within the landfill construction limits shall be salvaged and stored within the property boundaries for use in landfill closure. All stockpiled soil material which is not anticipated to be used within 6 months shall be seeded.

NR 506.07(1)(s) (s) All access roads to the active area of the operation shall be of all-weather construction and shall be maintained in good condition.

NR 506.07(1)(t) (t) All access roads for the use of solid waste hauling trucks shall be constructed with a maximum grade no greater than 10%. The intersection of the access road with an existing highway shall be constructed to provide sufficient sight distance and minimize interference with traffic on existing highways.

NR 506.07(2) (2) Sedimentation and erosion control.

NR 506.07(2)(a) (a) All areas of the landfill property, including areas of temporary disturbance, with the potential for off-site migration of sediment shall be designed, constructed and maintained in accordance with the applicable requirements of s. NR 504.09 (1), and technical standards developed under subch. V of ch. NR 151, which include the following:

NR 506.07(2)(a)1. 1. Storm water shall be diverted away from the working area and areas already filled with solid waste.

NR 506.07(2)(a)2. 2. Storm water from upslope areas shall be diverted around disturbed areas to minimize erosion, entrained sediment and the amount of water contacting the disturbed area.

NR 506.07(2)(a)3. 3. The size and duration of disturbances shall be minimized, to the extent practicable, to minimize off-site sediment migration.

NR 506.07(2)(a)4. 4. While the site is disturbed, temporary measures shall be used to trap sediment and off-site sediment migration. This could include gravel breaks or the equivalent to minimize the transport of sediments offsite.

NR 506.07(2)(a)5. 5. Runoff channels shall be protected to prevent scour and erosion that generates sediment.

NR 506.07 Note Note: The technical standards developed by the Wisconsin department of natural resources, runoff management program are available at http://dnr.wi.gov/topic/stormwater/construction/erosion_control.html#7 or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.07(2)(b) (b) Storm water drainage ditches, structures and sedimentation basins shall be cleaned and maintained such that they properly control storm water and limit entrained sediment in accordance with approved engineering designs. The department may waive this requirement on a case by case basis for existing facilities.

NR 506.07(2)(c) (c) All areas of the landfill which will not contain solid waste and are planned for vegetative cover shall be topsoiled, seeded and mulched as soon as practical, but no later than 90 days after completion of construction or by October 15, whichever is earlier and, if construction is completed after September 15, no later than June 15 of the following year. This includes, but is not limited to, the landfill entrance, drainage ditches and surrounding areas. Erosion control measures shall be placed within 30 days after completion of construction. The seed type and amount of fertilizer applied shall be selected according to: the type and quality of topsoil, it’s compatibility with native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and applications rates shall be in accordance with section 630, Wisconsin department of transportation standard specifications for road and bridge construction.

NR 506.07 Note Note: Copies of Wisconsin department of transportation standard specifications for road and bridge construction can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster street, Madison, Wisconsin 53707. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.07(3) (3) Waste placement.

NR 506.07(3)(a) (a) Disposal of solid waste shall begin at the edge of each phase. Waste shall be pushed out over the granular blanket. Vehicles may not be driven directly on the granular blanket. Alternative operating procedures may be approved by the department if the consistency of the solid waste prevents vehicular access over a filled area.

NR 506.07(3)(b) (b) Except for portions of the sideslope greater than 10 feet above the base liner, a layer of solid waste at least 4 feet thick or an adequate amount of other frost protection material shall be placed over the granular blanket in all portions of the lined area prior to December 1st of the year following the year the clay portion of the liner was constructed. After this date, solid waste may not be placed on any portion of the base liner or lower 10 feet of the sideslope not covered with a 4-foot thick layer of solid waste or other adequate frost protection material. Those portions of the base liner or lower 10 feet of sideslope not covered with a 4-foot thick layer of solid waste or other frost protection material by this date shall be investigated for density and effects from freeze-thaw as specified by the department and shall be repaired and recertified during the next construction season if required, prior to waste placement. The requirements of this paragraph may be waived by the department.

NR 506.07(3)(c) (c) To provide for maximum compaction after the initial 4-foot lift of waste is placed, each single layer of municipal solid waste shall be spread and compacted in 2-foot layers.

NR 506.07(4) (4) Gas control. Effective means shall be utilized to prevent the migration of explosive gases generated by the waste fill. At no time shall the concentration of explosive gases in any landfill structure, excluding the leachate collection system or gas control and recovery system components exceed 25% of the lower explosive limit for such gases. At no time shall the concentration of explosive gases in the soils outside of the limits of filling or air within 200 feet of or beyond the landfill property boundary exceed the lower explosive limit for such gases. The department may require the concentration of explosive gases not exceed detectable levels for that gas at the landfill property boundary.

NR 506.07(5) (5) Leachate collection systems.

NR 506.07(5)(a) (a) Leachate shall be removed from all collection tanks, manholes, lift stations, sumps or other structures used for leachate storage as often as necessary to allow for gravity drainage of leachate from the facility at all times or as it is produced, including hours when the landfill is closed, such as overnight and weekends. Unless the facility has received approval from the department to recirculate leachate or gas condensate derived from the landfill as provided in s. NR 506.13 (2), all leachate removed from a leachate collection system shall be disposed of at a wastewater treatment facility approved by the department and capable of accepting the leachate in accordance with the requirements of its WPDES permit. The landfill owner or operator shall immediately notify the department of any change in the availability of the designated wastewater treatment facility to accept or dispose of the leachate removed from the landfill. Waste may not be accepted at the landfill unless leachate is being managed in accordance with landfill’s approved plan of operation and the requirements of this section.

NR 506.07(5)(b) (b) Any liquid which comes in contact with waste or accumulates in a portion of the landfill where active waste disposal operations are occurring shall be handled as leachate and properly treated as specified in par. (a) unless otherwise approved by the department in writing.

NR 506.07(5)(c) (c) All leachate collection lines shall be cleaned with a water jet cleanout device with a maximum pressure of 10,000 pounds per square inch immediately after construction, and annually thereafter.

NR 506.07(5)(d) (d) All leachate collection lines shall be cleaned with water jet cleanout devices initially after placement of the leachate drain layer using pipe cleaning procedures that insert cleanout devices from each access point to, at a minimum, the toe of the opposite sideslope.

NR 506.07(5)(e) (e) A video camera inspection shall be conducted on all leachate collection pipes after the initial pipe cleaning activities required in par. (d) and at 5 year intervals, following the annual pipe cleaning required in par. (c). The video camera inspection shall extend a minimum of 300 feet unto the base grades of each leachate collection line.

NR 506.07(5)(f) (f) All blockages of leachate collection pipes, pipe breaks or any impedances to passage of pipe cleaning equipment shall be investigated, defined and a remediation proposed for review and approval by the department.

NR 506.07(5)(g) (g) A summary report shall be submitted after each pipe cleaning and each video camera inspection event. The report shall summarize any specialty equipment or chemicals used in collection pipe cleaning. The report shall include a description of all observations, including recording tape or disk of the video camera inspection. The report shall summarize the investigation of blockages or other difficulties in cleaning pipes. The report shall propose remediation if the leachate collection pipes are not restored to function and blockages are not cleared.

NR 506.07(5)(h) (h) A summary report shall be submitted after the removal of dams or barriers used to separate clean water in a prepared cell from solid waste and leachate. The report shall document the removal of the separation features and the connection of any separated pipe lengths.

NR 506.07(7) (7) Phased closure. For all landfills that do not have a department-approved plan for phased development and closure, by October 15th of each year, any areas that are at final grades shall be capped, topsoiled and seeded unless otherwise approved by the department.

NR 506.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (c), r. (1) (d), (j), (o), renum. (1) (e) to (u) to be (1) (d) to (h), (j) to (m), (o) to (t), (2) to (6) to be (3) to (7) and am. (1) (e), (g), (k), (L), (m), (q), (r) and (t), (3) to (7), cr. (1) (i), (2), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (q) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-077: cr. (5) (d) to (h) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (2) (a) (intro.), r. (6) Register January 2006 No. 601, eff. 2-1-06.

NR 506.08 NR 506.08 Closure requirements. Any person who maintains or operates a landfill, except a CCR landfill regulated under s. NR 506.083, or who permits use of property for such purpose shall, when the fill area or portion thereof reaches final grade, or when the department determines that closure is required, cease to accept solid waste and close the landfill or portion thereof in accordance with the plan approval issued by the department and all of the following minimum practices unless otherwise approved by the department in writing:

NR 506.08(1) (1) Notification procedures.

NR 506.08(1)(a) (a) At least 120 days prior to closing the landfill, the owner or operator shall notify the department in writing of the intent to close the landfill and the expected date of closure. Prior to this date, the owner or operator shall notify all users of the landfill of the intent to close the landfill so that alternative disposal options can be arranged.

NR 506.08(1)(b) (b) Signs shall be posted at all points of access to the landfill at least 30 days prior to closure indicating the date of closure and alternative disposal facilities. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(1)(c) (c) Notice of the upcoming closure shall be published in a local newspaper at least 30 days prior to closure and a copy of the notice shall be provided to the department within 10 days of the date of publication. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(2) (2) General requirements. Within 10 days after ceasing to accept solid waste, the owner or operator shall restrict access by the use of gates, fencing or other appropriate means to insure against further use of the landfill. If the final use allows access, such access shall be restricted until closure has been completed and approved by the department.

NR 506.08(3) (3) Closure. Closure activities shall begin within 30 days after ceasing to accept solid waste. Closure shall be accomplished in the following manner for facilities without a closure plan or plan of operation approved in writing by the department. Placement of final cover in accordance with s. NR 504.07 may be required if the department determines that this type of final cover system is necessary to prevent or abate attainment or exceedance of the groundwater standards contained in ch. NR 140. Municipal solid waste landfills that accepted greater than 100 tons of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before October 8, 1993 shall have final cover placement completed by July 1, 1996. Municipal solid waste landfills that accepted 100 tons or less of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before April 8, 1994 shall have final cover placement completed by July 1, 1996.

NR 506.08(3)(a) (a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth having a hydraulic conductivity of no more than 1x10-5 cm/sec or if the hydraulic conductivity of the underlying soils or any base liner system is less than 1x10-5 cm/sec, then the 2 feet of compacted earth shall have a hydraulic conductivity that is equal to or less than the underlying soils or any base liner system. The final grades shall be sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. The department may require the cover layer to be more than 2 feet thick.

NR 506.08(3)(b) (b) Storm water run-on shall be diverted around all areas used for solid waste disposal to limit the potential for erosion of the cover soils and increased infiltration. Drainage swales conveying storm water runoff over previous solid waste disposal areas shall be lined with a minimum thickness of 2 feet of clay.

NR 506.08(3)(c) (c) The final slopes of the landfill shall be greater than 5%, but may not exceed 4 horizontal to one vertical unless otherwise approved by the department.

NR 506.08(3)(d) (d) The finished surface of the disposal area shall be covered with a minimum of 6 inches of topsoil.

NR 506.08(4) (4) Establishment of vegetation. Within 180 days after ceasing to accept solid waste, or if solid waste termination is after September 15, by June 15 of the following year, the owner or operator shall complete seeding, fertilizing and mulching of the finished surface. The seed type and amount of fertilizer applied shall be selected depending on the type and quality of topsoil and compatibility with both native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall be those specified for right–of–ways in accordance with section 630, Wisconsin department of transportation standard specifications for highway and structure construction.

NR 506.08 Note Note: The Wisconsin department of transportation standard specifications for highway and structure construction is available at http://www.dot.wisconsin.gov/business/engrserv/procedures.htm or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.08(5) (5) Deed notation. Following closure of a landfill phase which accepted municipal solid waste after July 1, 1996, the owner or operator shall, within 90 days after closure, record a notation on the deed to the landfill property. The notation in the deed shall in perpetuity notify any potential purchaser of the property that the land has been used as a landfill and its use is restricted to prevent disturbing the integrity of the final cover, liner or any other components of the containment system or the function of the monitoring systems.

NR 506.08(6) (6) Hazardous air contaminant control. All landfills which have a design capacity of greater than 500,000 cubic yards and have accepted municipal solid waste shall install a department approved system to efficiently collect and combust hazardous air contaminants emitted by the landfill within 18 months of February 1, 1988 unless the owner can demonstrate that the performance criteria of s. NR 504.04 (4) (f) can be achieved without implementing such a system. Control techniques other than combustion may be approved by the department.

NR 506.08 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (b), (2), (3) (intro.), (a) to (c), (4), (6), r. and recr. (5), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (4) Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 506.083 NR 506.083 Closure requirements for CCR landfills. Closure of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:

NR 506.083(1) (1) Notification procedures.

NR 506.083(1)(a) (a) No later than the date the owner or operator initiates closure of a CCR landfill under sub. (2), the owner or operator shall notify the department in writing of the intent to close the landfill and place a copy of the notification in the facility’s operating record.

NR 506.083(1)(b) (b) Within 30 days following completion of closure of a CCR landfill under sub. (3), the owner or operator shall prepare and submit a notification of closure to the department and place a copy in the facility’s operating record. The notification shall include the certification required under s. NR 516.04 (3) (d).

NR 506.083(2) (2) Initiation of closure activities.

NR 506.083(2)(a) (a) The owner or operator shall commence closure of the CCR landfill no later than 30 days after either of the following occur:

NR 506.083(2)(a)1. 1. The date of final receipt of CCR waste and any non-CCR waste stream.

NR 506.083(2)(a)2. 2. Final removal of CCR from the CCR landfill for the purpose of beneficial use of CCR.

NR 506.083(2)(b) (b) The owner or operator may delay commencing closure up to 2 years from the last receipt of waste or the last removal of CCR material for the purpose of beneficial use upon written approval by the department if the owner or operator demonstrates that there is a reasonable likelihood that the CCR landfill will accept wastes in the foreseeable future or will remove CCR from the landfill for the purpose of beneficial use. The delay shall be requested in writing to the department as a modification to the written closure plan required under s. NR 514.07 (10) (c) and include documentation that the CCR landfill will continue to accept wastes or will start removing CCR for the purpose of beneficial use. The request shall include all of the following:

NR 506.083(2)(b)1. 1. Information documenting that the CCR landfill has remaining storage or disposal capacity or that the CCR landfill may have CCR removed for the purpose of beneficial use.

NR 506.083(2)(b)2. 2. Information demonstrating that there is a reasonable likelihood that the CCR landfill will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR may be removed for the purpose of beneficial use. Any portion of the landfill that will not receive additional CCR or have CCR removed for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. The narrative shall include a best estimate as to when the CCR landfill will resume receiving CCR or non-CCR waste streams.

NR 506.083(2)(b)3. 3. The following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

NR 506.083(2)(c) (c) Prior to the end of a 2-year delay for commencing closure, the owner or operator may request a subsequent 2-year delay under par. (b).

NR 506.083(2)(d) (d) For purposes of this section, closure of the CCR landfill has commenced once the owner or operator has ceased placing waste and undertakes any of the following actions or activities: