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.
NR 506.105 Note
Material contaminated with polychlorinated biphenyls (PCBs) must be managed in accordance with the requirements of ch.
NR 157 and this chapter
.
NR 506.105(4)
(4)
Record keeping. Except as otherwise provided in par.
(b), the owner or operator of a landfill which accepts untreated contaminated unconsolidated material having an average organic compound concentration exceeding 250 mg/kg in accordance with this section shall maintain records in accordance with s.
NR 506.17 and the following:
NR 506.105(4)(a)
(a) Records shall be maintained of the volume of materials received, the average organic compound concentration, the average benzene concentration, and the location for each site from which untreated petroleum contaminated soil is accepted at the landfill.
NR 506.105(4)(b)
(b) Records shall be maintained on an on-going basis and summarized annually of the accumulated total pounds of organic compounds and accumulated pounds of benzene accepted in untreated petroleum contaminated soils at the landfill. The department may waive this requirement if an alternative air monitoring program for VOC emissions is approved by the department in accordance with ch.
NR 419.
NR 506.105(4)(c)
(c) The tonnage records of untreated petroleum contaminated soil accepted annually shall be summarized and submitted with the annual tonnage certification report required by s.
NR 520.14 (3) (a).
NR 506.105 History
History:
Cr.
Register, June, 1996, No. 486, eff. 7-1-96; am. (4) (c),
Register, August, 1997, No. 500, eff. 9-1-97;
CR 05-020: am. (4) (c)
Register January 2006 No. 601, eff. 2-1-06; correction in (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register July 2015 No. 715.
NR 506.11
NR 506.11 Infectious waste. No person may accept infectious waste at a solid waste disposal facility unless the requirements of s.
NR 526.13 have been met.
NR 506.11 History
History:
Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am.
Register, October, 1994, No. 466, eff. 11-1-94.
NR 506.12
NR 506.12 Ultra low-level radioactive waste. No person may dispose of ultra low-level radioactive waste at a landfill except in accordance with the following:
NR 506.12(1)
(1)
Landfill criteria. Only landfills meeting the following criteria may accept ultra low-level radioactive waste for disposal:
NR 506.12(1)(b)
(b) The landfill shall be approved by the department in writing to accept ultra low-level radioactive waste.
NR 506.12(2)
(2)
General requirements. The following criteria also apply to landfills proposing to accept ultra low-level radioactive waste:
NR 506.12(2)(b)
(b) A plan shall be submitted which addresses the control of any radon gas which may be generated by the waste.
NR 506.12 History
History:
Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (b), (2) (intro.),
Register, June, 1996, No. 486, eff. 7-1-96.
NR 506.13(1)(1)
Small quantity exemption. An owner or operator of a solid waste landfill used for the disposal of municipal solid waste may not accept containers holding liquid waste unless:
NR 506.13(1)(a)
(a) The container is small and similar in size to that normally found in household waste;
NR 506.13(1)(b)
(b) The container is designed to hold liquids for use other than storage;
NR 506.13(1)(c)
(c) It is not practicable to recycle the container or the material contained; or
NR 506.13(2)
(2)
Municipal solid waste disposal facilities. Solid waste landfills used for the disposal of municipal solid waste may not accept waste containing free liquids except as provided in sub.
(1) or unless the landfill has received approval from the department to recirculate leachate or gas condensate derived from the landfill. Recirculation of leachate or gas condensate will be considered only for landfill phases designed with a composite liner and efficient leachate collection system.
NR 506.13(3)
(3)
Facilities that do not accept municipal solid waste. An owner or operator of any landfill that does not accept municipal solid waste may accept waste containing free liquids only in accordance with plans approved by the department in writing.
NR 506.13 History
History:
Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (2), (3), cr. (1) (a) to (d),
Register, June, 1996, No. 486, eff. 7-1-96.
NR 506.135(1)(1)
General. Leachate recirculation operations shall comply with the following requirements:
NR 506.135(1)(a)
(a) Leachate recirculation distribution systems may not discharge leachate within 100 lateral feet of the exterior sideslope final grades, unless otherwise approved by the department in writing.
NR 506.135(1)(b)
(b) Leachate may not be introduced in areas with less than 20 feet of waste over the leachate collection system.
NR 506.135(1)(c)
(c) Leachate may not be recirculated in areas that do not have active gas extraction systems installed. The gas extraction systems shall be operated in accordance with the approved leachate recirculation plan to control any additional gas generated by leachate recirculation and minimize release of uncontrolled gas.
NR 506.135(1)(d)
(d) Leachate recirculation shall be suspended upon discovery of warning symptoms, as identified in the approved leachate recirculation plan. Leachate recirculation may not resume in the area where the problem occurred until changes are made to the system or the warning symptoms have declined to acceptable levels. The operator shall notify the department in writing within 7 days of the discovery of warning symptoms and suspension of leachate recirculation. Alternative notification procedures may be approved by the department in writing.
NR 506.135(1)(e)
(e) Leachate recirculation shall be suspended whenever any of the failure thresholds identified in the approved leachate recirculation plan are exceeded. Leachate recirculation may not resume until the department has reviewed and approved changes to the system that will result in meeting the thresholds. The operator shall notify the department within 3 days of the discovery of exceeding any failure threshold. Alternative notification procedures may be approved by the department in writing.
NR 506.135(1)(f)
(f) The operation of the gas extraction system shall be amended as necessary to counteract any increased incidence or intensity of odors.
NR 506.135(1)(g)
(g) The landfill operator shall maintain in the landfill's written operating record the liquid mass balance for each leachate drainage basin, including leachate extracted, leachate recirculated and precipitation, in all areas where leachate is recirculated, in accordance with the requirements of s.
NR 507.215. All warning symptoms, terminations of leachate recirculation and other problems and their solutions shall be recorded.
NR 506.135(1)(h)
(h) Leachate may not be recirculated where daily or intermediate cover consists of low permeability clay soil or low permeability wastes, unless the daily or intermediate cover is removed or scarified.
NR 506.135(1)(i)
(i) Measures shall be taken to prevent cold weather freeze up of leachate distribution equipment if used during the winter months.
NR 506.135(2)
(2)
Surface application. Surface application shall comply with the following requirements in addition to those in sub.
(1):
NR 506.135(2)(a)
(a) Leachate may not be applied in a manner that results in ponding of leachate on the surface.
NR 506.135(2)(b)
(b) Leachate may not be applied in a manner that allows runoff of leachate beyond the application area.
NR 506.135(2)(c)
(c) Leachate may not be applied using a spray system or any other distribution system that promotes evaporation of leachate or volatilization of compounds in leachate. Spray systems such as spray bars on the back of a tanker truck may be acceptable if the spray is directed downward.
NR 506.135(2)(d)
(d) Leachate application shall be limited to the active area of the landfill.
NR 506.135(2)(e)
(e) Leachate may not be applied during wet or windy conditions that would prevent containment of the leachate to the application area.
NR 506.135(2)(f)
(f) Truck traffic shall be routed around the application area until the application area is covered to prevent tracking of leachate.
NR 506.135(2)(g)
(g) Areas of the landfill where leachate has been applied shall be covered with newly placed waste or soil as soon as possible, but in no case later than the end of the same working day that leachate is applied.
NR 506.135(3)
(3)
Vertical distribution systems. Vertical distribution systems shall comply with the following requirements in addition to those in sub.
(1):
NR 506.135(3)(a)
(a) Gas extraction wells designed independent of the leachate recirculation system shall not be used for leachate distribution.
NR 506.135(3)(b)
(b) Landfill gas may be extracted through leachate distribution wells to supplement the permanent gas extraction system.
