NR 506.083(7)(a)
(a) The owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of an alternative disposal capacity both on-site and off-site of the facility. The owner or operator of the CCR landfill shall document that all of the following conditions have been met:
NR 506.083(7)(a)1.
1. No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this subdivision.
NR 506.083(7)(a)2.
2. The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subdivision lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible.
NR 506.083(7)(a)3.
3. The owner or operator shall remain in compliance with all other operating requirements under ch.
NR 506 and the requirements under chs.
NR 507 and
508, including the requirement to conduct any necessary corrective action required under s.
NR 508.06 (5).
NR 506.083(7)(a)4.
4. The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.
NR 506.083(7)(b)
(b) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes under subs.
(2) and
(3).
NR 506.083(7)(c)
(c) If no alternative capacity is identified within 5 years after the initial certification, the CCR landfill shall cease receiving CCR and close under subs.
(2) and
(3).
NR 506.083(7)(d)
(d) An owner or operator that closes in accordance with this section shall complete and submit to the department the notices and progress reports in accordance with all of the following:
NR 506.083(7)(d)1.
1. Within 6 months of becoming subject to closure, the owner or operator shall prepare and submit a notification of intent to comply with the alternative closure requirements of this section. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions of this section, in addition to providing the required documentation and certifications.
NR 506.083(7)(d)2.
2. The owner or operator shall prepare the periodic progress reports required under par.
(a) 4., in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:
NR 506.083(7)(d)2.a.
a. The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements.
NR 506.083(7)(d)2.b.
b. The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.
NR 506.083(7)(d)3.
3. The notification and progress reports shall be placed in the written operating record and posted on a publicly accessible internet site under s.
NR 506.17 (2) and
(3).
NR 506.083 History
History:
CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (5) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (a), (7) (a) 3. made under s. 35.17, Stats., Register July 2022 No. 799. NR 506.084
NR 506.084 Long-term care requirements for CCR landfills. Long-term care 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 506.084(1)
(1)
Long-term care maintenance requirements. Following closure of the CCR landfill, the owner or operator shall conduct long-term care for the CCR landfill in accordance with the approved long-term care plan required under s.
NR 514.07 (10).
NR 506.084(2)
(2)
Long-term care period. Long-term care 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, with perpetual long-term care responsibility under s.
289.41 (1m) (c), Stats., and all of the following:
NR 506.084(2)(a)
(a) The long-term care period for a CCR landfill is 40 years for purposes of record keeping under s.
NR 506.17 (2) and proof of owner financial responsibility under s.
NR 520.05.
NR 506.084(2)(b)
(b) No later than 60 days following the end of the 40-year long-term care proof period, a notification shall be submitted to the department and placed in the written operating record. The notification shall verify that the landfill is complying with the approved long-term care plan and long-term care requirements. The notification shall include a certification by a professional engineer.
NR 506.084 History
History:
CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22. NR 506.085
NR 506.085 Final use. The following activities are prohibited at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing:
NR 506.085(1)
(1) Use of the waste disposal area for agricultural purposes.
NR 506.085(2)
(2) Establishment or construction of any buildings over the waste disposal area.
NR 506.085(3)
(3) Excavation of the final cover or any waste materials.
NR 506.085 Note
Note: Activities at closed solid waste disposal facilities shall be restricted in accordance with the applicable transference of responsibility provisions of s.
289.46 (2), Stats.
NR 506.085 History
History:
Cr.
Register, June, 1996, No. 486, eff. 7-1-96.
NR 506.09(1)(1)
General. No person may dispose in a landfill prohibited items under s.
NR 506.095. Wastes which are limited under ss.
NR 506.10 to
506.155 may only be disposed in accordance with those sections. Solid wastes which are not prohibited or limited under ss.
NR 506.095 to
506.155 and which do not constitute more than 5% of the total proposed design capacity may be disposed without additional department approval providing they do not pose a significant threat to landfill operations, leachate or landfill gas quality, or groundwater quality, and they are handled in accordance with an approved special waste management plan. The physical and chemical characteristics of any high volume industrial waste stream such as foundry process waste, papermill sludge, utility coal-ash wastes, and other non-municipal waste streams that are anticipated to individually constitute more than 5% of the total proposed design capacity shall be analyzed and described in accordance with this section.
NR 506.09(2)
(2)
Submittal requirements. Requests for authorization to accept additional waste types shall include the following information at a minimum:
NR 506.09(2)(a)
(a) Detailed physical and chemical characteristics including percent solids, material safety data sheets where appropriate and the results of the paint filter test.
NR 506.09(2)(b)
(b) The volume of waste to be disposed of on a daily and yearly basis.
NR 506.09(2)(c)
(c) The source of the wastes and a description of the processes which generated the waste.
NR 506.09(2)(f)
(f) Based upon a preliminary review of the above information, the department may require additional information to determine the compatibility of the waste with the existing design and operation of the landfill.
NR 506.09 Note
Note: Landfill operators who wish to accept hazardous waste from very small quantity generators subject to s.
NR 662.014 (1) shall obtain approval from the department under s.
NR 506.155.
NR 506.09 History
History:
Cr.
Register, January, 1988, No. 385, eff. 2-6-88; r. and recr. (1), am. (2) (a),
Register, June, 1996, No. 486, eff. 7-1-96.
NR 506.095
NR 506.095 Prohibited items. No person may dispose of the following in a landfill:
NR 506.095(3)(a)
(a) Material containing, or otherwise contaminated with, minimal amounts of oil from which the oil has been removed to the extent possible such that no visible signs of free flowing oil remain in or on the material, may be disposed of in a solid waste landfill, provided the material is not listed or identified as a hazardous waste.
NR 506.095 Note
Note: The department encourages the recycling of used oil including oil-soaked rags and similar materials, by use of laundering services, burning for energy recovery and other recycling methods.
NR 506.095 Note
Note: Disposal of petroleum contaminated soil and materials into solid waste disposal facilities shall be done in accordance with the applicable provisions of chs.
NR 419 and
722.
NR 506.095(3)(b)
(b) Oil drained or removed from materials containing or otherwise contaminated with oil is subject to regulation as used oil.
NR 506.095 Note
Note: The department encourages that solid waste material from which oil is removed, such as used oil filters that have been drained in accordance with s.
NR 661.0004 (2) (m), be recycled. If the material cannot be recycled, it should be properly characterized and disposed of in accordance with the requirements of chs.
NR 500 to
538 and
660 to
679.
NR 506.095(5)
(5) Solid waste that contains any material identified in s.
287.07 (3), Stats., that is generated in a region, as defined in s.
287.01 (8), Stats., that does not have an effective recycling program as determined under s.
287.11, Stats., and ch.
NR 544, unless the material is subject to an exemption, waiver or beneficial use approval under s.
287.11 (2p), Stats. This subsection does not apply to any material identified in s.
287.07 (3), Stats., that contains infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated pursuant to standards established under ch.
NR 526 to render the infectious waste noninfectious.
NR 506.095(6)
(6) A material identified in s.
287.07 (3), Stats., that is separated for recycling as part of an effective recycling program under s.
287.11, Stats., and ch.
NR 544, unless the department has granted a variance under s.
287.11 (2m), Stats.
NR 506.095 History
History:
Cr.
Register, June, 1996, No. 486, eff. 7-1-96; corrections in (5) and (6) were made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2003 No. 567.
NR 506.10
NR 506.10 Asbestos. No person may dispose of asbestos containing material at a solid waste landfill except in conformance with the following minimum requirements:
NR 506.10(1)
(1)
Landfill criteria. Only facilities meeting the following criteria may accept asbestos for disposal:
NR 506.10(1)(a)
(a) Except as provided in par.
(c), only approved facilities as defined in s.
289.01 (3), Stats., may accept asbestos containing material for disposal.
NR 506.10(1)(b)
(b) The following asbestos containing materials may be accepted only at landfills engineered with a liner and leachate collection system which are approved to accept asbestos. The department may approve other landfills on a case by case basis.
NR 506.10(1)(b)1.
1. Category I non-friable asbestos containing material, which is not construction and demolition material,
NR 506.10(1)(c)
(c) Construction and demolition materials containing category I non-friable asbestos may be disposed of at construction and demolition waste landfills approved in accordance with ch.
NR 503 and approved facilities as defined in s.
289.01 (3), Stats.
NR 506.10(2)(a)(a) Unless an alternative handling procedure is approved by the department, category II nonfriable asbestos containing material and friable asbestos material shall be disposed of in a trench excavated into existing refuse and shall be covered with a minimum of 3 feet of non-asbestos solid waste or soil prior to compaction.
NR 506.10 Note
Note: All applicable safety measures required by chs.
NR 400 to
499, and EPA and OSHA, specifically, those requirements dealing with the safety of personnel working with the asbestos, shall be followed. U.S. EPA
40 CFR Part 61 “National Emission Standards for Hazardous Air Pollutants (NESHAP)" contains additional requirements for the disposal of asbestos containing materials.
NR 506.10(2)(b)
(b) The location of category II nonfriable asbestos containing material and friable asbestos material disposal within the landfill shall be recorded by horizontal and vertical coordinates and maintained in accordance with s.
NR 506.17.
NR 506.10(2)(c)
(c) Category II nonfriable asbestos containing material and friable asbestos material may not be placed in previous asbestos disposal areas or areas proposed for future landfill construction, including leachate headwells and gas collection wells.
NR 506.10 Note
Note: All applicable safety measures required by chs.
NR 400 to
499, and EPA and OSHA, specifically, those requirements dealing with the safety of personnel working with the asbestos, shall be followed. U.S. EPA
40 CFR Part 61 “National Emission Standards for Hazardous Air Pollutants (NESHAP)" contains additional requirements for the disposal of asbestos containing materials.
NR 506.10 History
History:
Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (2) (a), r. and recr. (1), (2) (b), (c),
Register, June, 1996, No. 486, eff. 7-1-96.
NR 506.105
NR 506.105 Untreated contaminated unconsolidated material. Except as provided in s.
NR 506.095 (3) and this section, untreated contaminated unconsolidated material which is the result of a remediation conducted under chs.
NR 700 to
736, or a remediation conducted in another state under the laws of that state, may not be disposed at a landfill, unless the disposal is in compliance with ss.
NR 419.07 and
722.09 (4), and the landfill's approved plan of operation. Untreated contaminated unconsolidated material other than untreated petroleum contaminated soil which is the result of a remediation conducted under chs.
NR 700 to
736, or a remediation conducted in another state under the laws of that state, may be approved by the department for use as daily cover, in construction of soil structures within a landfill, or disposal on a case by case basis. Unconsolidated material has the meaning specified in s.
NR 700.03 (64r).
NR 506.105 Note
Note: “Unconsolidated material" means soil, sediment or other granular material, such as fill, not including debris.
NR 506.105 Note
Note: Absorbents used to clean up oil spills are regulated under s.
NR 506.095 and ch.
NR 679.
NR 506.105(1)(a)(a) Untreated petroleum contaminated soil may be used as landfill daily cover if all of the following conditions are met:
NR 506.105(1)(a)1.
1. The volume of untreated petroleum contaminated soil that is proposed to be used as daily cover does not exceed either the landfill's net daily cover needs or 12.5% of the annual volume of waste received by the landfill.
NR 506.105(1)(a)2.
2. The use of untreated petroleum contaminated soil as daily cover will not impair operation of the landfill, cause windblown problems, ponding of storm water or other nuisance conditions. Clay soils may not be used as daily cover.
NR 506.105(1)(b)
(b) Untreated petroleum contaminated soil may be used in the construction of soil structures within the fill area when approved for that specific use by the department.
NR 506.105(1)(c)
(c) Untreated petroleum contaminated soil may be disposed in a landfill other than as daily cover or in the construction of soil structures within the landfill only if approved by the department in the plan of operation for the landfill.
NR 506.105(1)(d)
(d) Except as provided in pars.
(a) to
(c), no person may dispose of untreated petroleum contaminated soil in a landfill other than as daily cover or in the construction of soil structures within the landfill unless the department determines, on a case by case basis, that there is no practicable treatment alternative, and the department approves the disposal in writing.
NR 506.105(1)(e)
(e) Petroleum contaminated soil which has been treated such that the concentration of volatile organic compound contaminants in the soil does not exceed 250 milligrams per kilogram is not subject to this section.
NR 506.105 Note
Note: Responsible parties must comply with s.
NR 722.07 (3) by completing a written evaluation of recycling or treatment technologies.
NR 506.105(2)(a)(a) Except as provided in par.
(b) or
(c), the volume of untreated petroleum contaminated soil from a single clean-up site or facility that is proposed for landfill disposal may not exceed 250 cubic yards as measured
in situ.
NR 506.105(2)(b)
(b) Except as provided in par.
(c), untreated volumes of petroleum contaminated soil from a single clean-up site or facility that exceed 250 cubic yards may be disposed of in a licensed landfill with a department approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection as determined by the department, if approved by the department in the plan of operation for the landfill.
NR 506.105(2)(c)
(c) Volumes of untreated petroleum contaminated soil from a single clean-up site or facility that exceed 2,000 cubic yards may be disposed of in a landfill only if prior written approval of a remedial action options report is obtained in accordance with s.
NR 722.13 and approved in the landfill's plan of operation.
NR 506.105(3)
(3)
Maximum organic compound concentration. No person may accept for disposal in a landfill untreated petroleum contaminated soil having an average organic compound concentration exceeding 2,000 mg/kg except for soils managed in accordance with ch.
NR 708. For volumes of material less than 55 gallons the department may waive this prohibition in writing if the department finds that there are no practicable treatment alternatives. The department may accept knowledge in lieu of testing for specific waste types.
NR 506.105 Note
Note: The average organic compound concentration for untreated petroleum contaminated material is generally measured by diesel range organic compounds (DRO), gasoline range organic compounds (GRO), petroleum volatile organic compounds (PVOC), or polycyclic aromatic hydrocarbon compounds (PAH), alone or in combination.
NR 506.105 Note
Note: NR 419 imposes the following limits:
NR 506.105 Note
For ozone nonattainment areas the concentration of volatile organic compound contaminants in the soil accepted may not exceed 250 mg/kg.
NR 506.105 Note
For ozone attainment areas, in all contaminated soils accepted with a volatile organic compound concentration of greater than 250 mg/kg, the total quantity of volatile organic compounds may not exceed 25 tons per year.
