Chapter NR 506

NR 506.15 NR 506.15 Management of residue produced by burning municipal solid waste.

NR 506.15(1) (1) General. No person may operate or maintain a landfill for the disposal of residue produced by the burning of municipal solid waste, except in accordance with this section and the written approval of the department.

NR 506.15(2) (2) Landfill criteria. Only landfills meeting the following criteria may accept municipal solid waste combustor residue for disposal:

NR 506.15(2)(a) (a) The landfill shall be a licensed and approved landfill as defined in s. 289.01 (3), Stats. The department may grant an exemption to this provision if the landfill owner or operator can demonstrate substantial compliance with the design criteria in s. NR 504.11.

NR 506.15(2)(b) (b) The landfill shall be approved by the department in writing prior to accepting residue from each municipal solid waste combustor source. The landfill may accept only residue from municipal solid waste combustors designated in the municipal solid waste combustor residue disposal plan included in the initial plan of operation approval or a modification to the original approval granted under s. NR 514.07 (5).

NR 506.15(2)(c) (c) The landfill area used for disposal shall be designed and constructed, at a minimum, as a composite lined monofill meeting the requirements of s. NR 504.11 (2) (a). Operators of medical waste combustors with a design capacity of less than 10 tons per day may apply to the department for a written exemption to this requirement. All municipal solid waste combustor residue that meets or exceeds the test limits specified in s. NR 502.13 (6) (g) or subsequent confirmation testing as specified in s. NR 502.13 (6) (h), and is not subsequently treated to below those limits, may not be disposed of in a municipal solid waste landfill and shall be managed in accordance with chs. NR 660 to 679.

NR 506.15(2)(d) (d) The landfill shall maintain a storm water control system approved by the department.

NR 506.15(2)(e) (e) The landfill shall maintain access control to the landfill.

NR 506.15(3) (3) Operational requirements. No person may operate or maintain a new or existing landfill that accepts residue produced by the burning of municipal solid waste except in conformance with all provisions of a municipal solid waste residue disposal plan approved under s. NR 514.07 (5), the applicable portions of s. NR 506.07 and the following minimum requirements:

NR 506.15(3)(a) (a) Wind blown material shall be prevented.

NR 506.15(3)(b) (b) Cover soil shall be used during filling operations to restrict the exposed residue area of disposal to as small an area as practical. In no case may the exposed residue area be larger than 50 feet by 100 feet unless otherwise approved by the department.

NR 506.15(3)(c) (c) The residue shall be covered with a minimum of 6 inches of soil at the end of daily operations for each day residue was accepted unless an alternative method is approved by the department under par. (e).

NR 506.15(3)(d) (d) Filled areas, other than the active residue disposal area, shall be covered with soil or a department approved soil substitute such as foundry sand.

NR 506.15(3)(e) (e) The department may approve alternatives to daily cover such as water or foam if it can be demonstrated that the residue will not become windblown.

NR 506.15(3)(f) (f) Equipment operators shall be provided with appropriate safety equipment, such as respirators.

NR 506.15(3)(g) (g) Only residue that has been tested in accordance with s. NR 502.13 (5) or (6) may be accepted.

NR 506.15 History History: Cr. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), (2) (intro.), (a), (b), (3) (intro.), (e), cr. (2) (c) to (e), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (c) and (3) (g) Register January 2006 No. 601, eff. 2-1-06; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612.

NR 506.155 NR 506.155 Very small quantities of hazardous waste. No person may accept hazardous waste from very small quantity generators excluded from regulation under s. NR 662.014 except in accordance with this section and the written approval of the department.

NR 506.155(1) (1) Landfill criteria. No person may accept hazardous waste from very small quantity generators for disposal at a landfill unless all the following criteria are met:

NR 506.155(1)(a) (a) The landfill is a licensed and approved landfill as defined in s. 289.01 (3), Stats.;

NR 506.155(1)(b) (b) The landfill is in compliance with all solid waste regulations and any plan approval; and

NR 506.155(1)(c) (c) The landfill is in compliance with the minimum design criteria specified in s. NR 504.05.

NR 506.155(2) (2) General requirements. No person may accept hazardous waste from very small quantity generators for disposal in a solid waste landfill unless:

NR 506.155(2)(a) (a) The person has obtained written approval under s. NR 506.09 and complies with all conditions of the approval;

NR 506.155(2)(b) (b) The person submits annual reports to the department no later than April 1 of the following year which document the types and quantities of hazardous waste accepted during the previous year, the generators and transporters of the waste and any other information required by the department; and

NR 506.155(2)(c) (c) The person has paid the waste management fund fees specified in s. 289.62, Stats., for all hazardous waste quantities accepted.

NR 506.155 History History: Cr. Register, January, 1991, No. 421, eff. 2-1-91; renum. from NR 506.15, Register, May, 1992, No. 437, eff. 6-1-92; am. (intro.), (1), (2) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799.

NR 506.16 NR 506.16 Procedures for excluding the receipt of waste not specifically approved for acceptance at the landfill. Owners and operators of landfills that accept municipal solid waste shall implement a program at the landfill for detecting and preventing the disposal of waste not specifically approved for acceptance including but not limited to liquids, sludges, regulated hazardous waste and PCB waste. The program shall include the following:

NR 506.16(1) (1) Random inspections of incoming loads. Random inspections shall be made of every incoming load of solid waste unless the owner or operator receives approval in writing from the department to take other steps to insure that incoming loads do not contain wastes not specifically approved for acceptance.

NR 506.16(1)(a) (a) Inspections shall be conducted on every 5,000 tons of solid waste accepted or one inspection per month, whichever is more frequent. No more than one inspection per week is required. An owner or operator of a landfill which accepts less than 10,000 tons per year of solid waste and demonstrates adequate justification for less frequent inspections may be approved by the department for a minimum of 4 inspections per year. To assure that the inspections are random, the first truckload which exceeds the accumulated total of 5,000 tons of solid waste shall be selected for inspection. Alternate methods of assuring random selection may be approved by the department.

NR 506.16(1)(b) (b) The inspection shall involve discharging the waste load and viewing its contents in an area that clearly segregates the waste from all other solid wastes and is capable of controlling any potentially hazardous waste prior to disposal of the waste.

NR 506.16(2) (2) Records of inspections. Records of the random load inspections shall include the following information:

NR 506.16(2)(a) (a) The date and time solid wastes were received.

NR 506.16(2)(b) (b) The names of the firm transporting the solid waste and the driver of the vehicle.

NR 506.16(2)(c) (c) The vehicle’s license plate and the transporter’s Wisconsin solid waste license number.

NR 506.16(2)(d) (d) The community or communities where the solid waste was generated.

NR 506.16(2)(e) (e) The type or types of waste such as commercial, industrial, residential or any combination.

NR 506.16(2)(f) (f) The name of the certified facility manager or certified site operator inspecting the load.

NR 506.16(2)(g) (g) All of the observations made by the inspector, including any actions taken to manage or return nonapproved waste or actions taken if extreme toxicity or hazard is discovered.

NR 506.16(3) (3) Training of landfill personnel to recognize waste not approved for acceptance. Landfill personnel shall be trained in accordance with ch. NR 524 to recognize waste not approved for acceptance.

NR 506.16(4) (4) Notification if a waste not approved for acceptance is discovered at the landfill. The owner or operator of the facility shall notify the department’s district or area solid waste management specialist in writing within 15 days if non-hazardous waste not approved for acceptance is discovered at the landfill. If waste not approved for acceptance is discovered and is suspected of being hazardous or containing PCBs at a concentration of 50 ppm or greater, the owner or operator of the facility shall notify the department’s district or area solid waste and hazardous waste management specialists in writing within 2 days.

NR 506.16(5) (5) Rejection of waste not approved for acceptance. Waste which is not approved for acceptance at the landfill shall be rejected. The waste shall be handled in accordance with all applicable regulations including but not limited to transportation, storage, treatment and disposal.

NR 506.16 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.17 NR 506.17 Record keeping.

NR 506.17(1) (1) Municipal solid waste landfill written operating record. The owner or operator of a landfill that accepts municipal solid waste shall maintain a written operating record at the landfill during the operating life and 40 year long-term care period of the landfill. The department may approve an alternate location for maintaining the record. The record shall contain information on any landfill location criterion restriction, inspection records, training procedures, notification procedures, closure and post closure plans and financial responsibility, and all demonstrations, certifications, findings, monitoring, testing and analytical data required under chs. NR 500 to 538. Random load inspection records shall be maintained for a minimum of 3 years. The operating record shall be made available to the department upon request.

NR 506.17(2) (2) CCR landfill written operating record. The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall maintain a written operating record at the landfill during the operating life and 40-year long-term care period of the landfill, unless an alternative timeframe is specified under this section. The written operating record shall be maintained in accordance with all of the following:

NR 506.17(2)(a) (a) The department may approve an alternate location for maintaining the record. The alternate location of the record shall be identified within the plan of operation.

NR 506.17(2)(b) (b) An owner or operator of more than one CCR landfill may comply with the requirements of this section in one recordkeeping system provided the system identifies each file by the name of each CCR landfill.

NR 506.17(2)(c) (c) Documentation shall be placed into the written operating record as it becomes available.

NR 506.17(2)(d) (d) Documentation shall be submitted to the department upon request.

NR 506.17(2)(e) (e) The written operating record shall contain the plan of operation, plan modifications, construction documentation, department approvals, annual reports, inspection records, monitoring and corrective action records, notifications to the department, and records of public comments received during any public comment period.

NR 506.17(2)(f) (f) If records are developed within 5 years of the end of the 40-year long-term care period, the records shall be maintained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.

NR 506.17(2)(g) (g) Retention by the owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill of the following documents is only required for 5 years after the submittal date to the department:

NR 506.17(2)(g)1. 1. Annual reports required under s. NR 506.20 (3).

NR 506.17(2)(g)2. 2. Documentation recording the results of the periodic inspections required under s. NR 506.20 (2).

NR 506.17(3) (3) CCR landfill publicly accessible internet site. Each owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall maintain a publicly accessible internet site titled “CCR Rule Compliance Data and Information” in accordance with all of the following:

NR 506.17(3)(a) (a) An owner or operator of more than one CCR landfill may choose to comply with the requirements of this section by using the same internet site for multiple CCR landfills provided the internet site clearly delineates information by the name and license number.

NR 506.17(3)(b) (b) The information required to be posted to the internet site under par. (d) shall be made available on the internet site to the public for at least 5 years following the date on which the information was first posted to the internet site.

NR 506.17(3)(c) (c) The information required to be posted to the internet site under par. (d) shall be posted to the internet site within 30 days of placing the information in the operating record.

NR 506.17(3)(d) (d) The internet site shall contain all of the following information, if applicable:

NR 506.17(3)(d)1. 1. The plan of operation modification documents required under s. NR 514.045 (1), any subsequent modifications to the plan of operation, and the department’s decision documents, including the notification of completeness required under s. NR 514.045 (3).

NR 506.17(3)(d)2. 2. Liner construction documentation and the department’s decision documents for new CCR landfills.

NR 506.17(3)(d)3. 3. The annual groundwater monitoring and corrective action report.

NR 506.17(3)(d)4. 4. Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices.

NR 506.17(3)(d)5. 5. The notification to the department of the establishment of an assessment monitoring program or any alternate source demonstration and the department’s response under ch. NR 508, and any applicable site investigation work plan and department response, site investigation report, and notification of any exceedance of a groundwater quality standard.

NR 506.17(3)(d)6. 6. The notification to the department of a return to a detection monitoring program.

NR 506.17(3)(d)7. 7. The notification to the department of the initiation of an assessment of corrective measures requirements under ch. NR 508.

NR 506.17(3)(d)8. 8. The completed remedial action options report, which includes the remedial action selection, any addendum to the report, and the department’s response.

NR 506.17(3)(d)9. 9. Documentation prepared by the owner or operator recording any public comments received during the public informational hearing under s. NR 508.06 (3) (e) for the discussion of the results of the remedial action options report.

NR 506.17(3)(d)10. 10. The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report, except that the selection of remedy report shall be maintained until the remedy has been completed.

NR 506.17(3)(d)11. 11. The notification to the department of the completion of the remedy.

NR 506.17(3)(e) (e) For CCR landfills with a plan of operation approved after August 1, 2022, the internet site shall also contain all of the following:

NR 506.17(3)(e)1. 1. The feasibility report and department’s decision document.

NR 506.17(3)(e)2. 2. The plan of operation and department’s decision document.

NR 506.17(3)(e)3. 3. Any modifications to the feasibility determination or plan of operation approval and the department’s decision documents.

NR 506.17(4) (4) CCR landfill notification requirements.

NR 506.17(4)(a) (a) A notification required under ch. NR 507 or 508 or this chapter shall be sent to the department’s waste and materials management program before the close of business on the day the notification is required to be completed. For purposes of this section, before the close of business means the notification must be postmarked or sent by email. If a notification deadline falls on a weekend or state holiday, the notification deadline is automatically extended to the next business day.

NR 506.17(4)(b) (b) Notifications under par. (a) may be combined provided the deadline requirement for each notification is met.

NR 506.17(4)(c) (c) Unless otherwise required, a notification under par. (a) shall be sent to the department within 30 days of placing the notification in the landfill’s written operating record.

NR 506.17 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 21-076: renum. 506.17 to (1) and am., cr. (2) to (4) Register July 2022 No. 799, eff. 8-1-22; correction in (2) (g) 1. made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (d) 8. made under s. 35.17, Stats., Register July 2022 No. 799.

NR 506.18 NR 506.18 Enforcement. The department may deny, suspend or revoke the operating license of a solid waste disposal facility as provided in s. 289.31 (1), Stats., for failure to pay fees required under ch. 289, Stats., or for grievous and continuous failure to comply with the approved plan of operation under s. 289.30, Stats., or, if no plan of operation exists with regard to the landfill, for grievous and continuous failure to comply with any requirement of chs. NR 500 to 538. Any failure to comply with any such requirement or condition on 5 or more days within any 30 successive calendar days and which consists of action or inaction which may cause pollution as defined in s. 281.01 (10), Stats., or which may otherwise create nuisance conditions, is a grievous and continuous failure to comply with the requirement or condition.

NR 506.18 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 506.15, Register, January, 1991, No. 421, eff. 2-1-91; renum. from NR 506.16 and am., Register, June, 1996, No. 486, eff. 7-1-96; am. Register, December, 1997, No. 504, eff. 1-1-98.

NR 506.19 NR 506.19 Landfill compliance certifications and audits.

NR 506.19(1) (1) Compliance certification. No later than March 31 of each year and continuing until otherwise specified by the department, the owner or operator of any licensed landfill which is in operation as of July 1, 1996, or any licensed, closed landfill with an approved total design capacity exceeding 1,000,000 cubic yards shall prepare and submit to the department a compliance certification. The certification, shall be prepared and signed by the owner or operator of the landfill, certified facility manager, solid waste manager or person most directly responsible for the landfill’s day to day operation. The signer shall certify that he or she is aware of all approved plans for the landfill, all department conditions of approval, and all applicable solid waste statutory and administrative rules, and that to the best of the signer’s knowledge, information and belief, the landfill is or is not in substantial compliance with all approved plans and requirements. For landfills which are in full compliance, no narrative is required beyond the certification statement. For other landfills, all known areas of noncompliance shall be clearly indicated. This subsection does not impose personal liability upon certified facility managers or certified site operators.

NR 506.19(2) (2) Audits. As specified under s. 289.91, Stats., the department may perform audits of any landfill. Following a minimum 30-day advance notification, the landfill owner or operator shall ensure that during the period of the audit, a conference room or adequate office space is provided for department personnel, and that proper technical personnel representing the owner are present to respond to department inquiries regarding the landfill. The owner or operator shall also ensure that any of the information in pars. (a) to (j) or any other information specified by the department in its audit notification letter is available in an organized fashion for the department to review. The owner or operator shall provide copies of requested information for the department to take with them following the audit. If requested by the department, the owner, operator or their representatives shall present the requested information to the department during the audit and also participate in an inspection of any aspects of the landfill which the department requests. The owner or operator shall provide the department with access to all items or areas of the landfill which are related to landfill performance or to compliance with approved plans, solid waste administrative rules or statutes.

NR 506.19(2)(a) (a) One or more full-sized plan view drawings clearly annotated to show the following:

NR 506.19(2)(a)1. 1. The portions of the landfill which currently are receiving solid waste;

NR 506.19(2)(a)2. 2. All portions of the landfill which have been filled, but have not yet been brought to approved final grades;

NR 506.19(2)(a)3. 3. All portions of the landfill which have been filled to approved final grade and the extent to which the final cover system has been placed;