Chapter NR 507

NR 507.02(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 507.02(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 507.02(3) (3) This chapter applies to the owners and operators of solid waste disposal facilities regulated under chs. NR 500 to 538.

NR 507.02 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; am. (3), Register, December, 1997, No. 504, eff. 1-1-98; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688l; 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. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 507.03 NR 507.03 Definitions. The terms used in this chapter are defined in s. NR 500.03.

NR 507.03 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.04 NR 507.04 General requirements for monitoring devices and geologic sampling. The department may require an owner or operator of a solid waste disposal facility to install, sample and document environmental monitoring devices in accordance with this chapter. All monitoring devices shall be designed, installed, maintained and operated in accordance with the requirements of ss. NR 507.05 to 507.26, unless an alternate method is approved in writing by the department. All monitoring devices shall be constructed to minimize the potential for contaminants to enter the groundwater or to move from one major soil unit or rock formation to another. All monitoring devices shall be designed, located, installed and maintained so as to obtain reliable and representative information.

NR 507.04(1) (1) Location. The owner or operator shall submit, in writing, to the department for approval, the locations of all monitoring devices prior to installation, except for wells installed prior to a feasibility decision. The location and construction of any monitoring device installed prior to the feasibility decision may be submitted to the department for review and concurrence prior to installation.

NR 507.04(2) (2) Field direction. A professional geologist or qualified technician who is directly supervised by a professional geologist shall observe and direct the drilling of all borings and the installation, development and abandonment of all wells. A professional geologist or qualified technician who is directly supervised by a professional geologist shall also conduct all in-field hydraulic conductivity tests and visually describe and classify all of the geologic samples.

NR 507.04(3) (3) Protection. All monitoring and sampling devices shall be sealed and locked to prevent contaminants from entering the monitoring device. All monitoring wells and gas probes shall have protective metal casings. All other monitoring devices shall be protected as necessary. The department may require additional protective devices such as a ring of brightly colored posts around any monitoring device. All leachate head wells shall be protected to prevent damage during facility operation.

NR 507.04(4) (4) Labeling. All monitoring devices shall be clearly and permanently labeled on the outside of the monitoring device. At a minimum, the label shall include the device name and 3-digit identification number assigned to each well by the department.

NR 507.04(5) (5) Abandonment. For monitoring devices to be abandoned for any reason, an owner or operator shall contact the department. If monitoring devices are being replaced, they shall be properly abandoned in accordance with ss. NR 141.25 and 507.13.

NR 507.04(6) (6) Documentation. All activities required under ss. NR 507.05 to 507.13 shall be documented in accordance with ss. NR 141.23 and 507.14.

NR 507.04 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.05 NR 507.05 Soil and rock sampling. All soil and rock samples collected from borings shall be collected and tested in accordance with this section unless otherwise approved in writing by the department.

NR 507.05(1) (1) Soil sample collection. Soil samples shall be collected in accordance with all of the following:

NR 507.05(1)(a) (a) Where conditions permit, soil samples shall be collected using undisturbed soil sampling techniques. Samples may not be composited for testing purposes.

NR 507.05(1)(b) (b) In fine-grained soil environments, continuous samples shall be collected from the land surface to at least 25 feet below the anticipated, proposed or existing sub-base grade for the purpose of field classification. If a boring extends beyond 25 feet below the anticipated, proposed or existing sub-base grade, samples shall be collected from each major soil unit encountered and at maximum 5-foot intervals. If the boring is located outside the anticipated, proposed or existing limits of filling, the applicable sub-base grade is the elevation of the bottom of the anticipated, proposed or existing liner system nearest to the borehole.

NR 507.05(1)(c) (c) In coarse-grained soil environments, samples shall be collected from each major soil unit encountered and at maximum 5-foot intervals.

NR 507.05(1)(d) (d) At least one soil sample shall be collected at the depth of the well screen of any subsequently placed monitoring well. The soil sample collected at the depth of the well screen shall be analyzed for grain size distribution using mechanical and hydrometer methods and Atterberg limits, as appropriate for the particular soil type.

NR 507.05(1)(e) (e) All soil samples shall be retained until the department approves the report that included documentation of the soil sampling.

NR 507.05(2) (2) Bedrock sample collection. If a boring is extended 5 feet or more into bedrock, continuous core samples of the bedrock shall be taken and the rock properties including fracture frequency, rock quality designation, and percent recovery shall be determined. All bedrock core samples shall be retained until the department approves the report that included documentation of the boring. After the approval, the owner or operator shall notify the WGNHS that all bedrock cores and their corresponding boring logs are available for study and possible retention. If the owner or operator has not been contacted by the WGNHS within 45 days after contacting the WGNHS, the owner or operator may discard the bedrock cores.

NR 507.05 Note Note: Wisconsin geological and natural history survey, 3817 Mineral Point Road, Madison, WI 53705-5100, [phone], www.uwex.edu/wgnhs.

NR 507.05(3) (3) Boring log. A boring log shall be submitted for each boring in accordance with s. NR 507.14. For replacement wells, soil and bedrock samples shall be collected in accordance with subs. (1) and (2) unless the department approves a preexisting boring log for a boring within 10 feet of the replacement well. The owner or operator may request an exemption to the 10 foot distance.

NR 507.05 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.06 NR 507.06 Groundwater monitoring well design and installation. All groundwater sampling devices shall be designed, located, installed and maintained so as to obtain reliable and representative information regarding aquifer characteristics, groundwater flow directions and chemical and physical characteristics of groundwater. All groundwater monitoring wells shall be designed and installed in accordance with ch. NR 141 and the requirements of this section unless an alternate method is approved in writing by the department.

NR 507.06(1) (1) Drilling method. Drilling fluids may not be used for installing monitoring wells unless no reasonable alternative exists. If drilling fluids are used, the driller shall document the type of fluids used and the chemical constituents of the mixture. If water is used, the source of the water shall be identified and the water shall be analyzed for all detection groundwater monitoring parameters listed in ch. NR 507 Appendix I, Table 1, under municipal solid waste. The drilling method shall meet all of the following:

NR 507.06(1)(a) (a) Bedrock drilling shall be performed in accordance with s. NR 507.05 and ch. NR 141.

NR 507.06(1)(b) (b) Standard penetration tests shall be performed while drilling in soil. Soil drilling methods in fine grained soil environments shall allow the driller to obtain undisturbed soil samples. If a drilling method does not allow for standard penetration tests, then the shear strength of the recovered fine-grained soil samples shall be estimated and recorded in the field with a pocket penetrometer or vane shear.

NR 507.06(1)(c) (c) If the drilling method does not allow the required soil or rock sampling to be performed, a separate boring shall be drilled adjacent to the monitoring well to provide the necessary information.

NR 507.06(2) (2) Borehole abandonment. If any borehole is deeper than the well to be placed in it, the portions of the borehole below the well screen shall be properly sealed in accordance with ss. NR 507.08 and 141.25 (2) (d).

NR 507.06(3) (3) In-field hydraulic conductivity test. An in-field test shall be conducted on each well to determine the in-situ hydraulic conductivity. The test shall be of long enough duration and include sufficient data to provide a representative estimate of the actual hydraulic conductivity.

NR 507.06 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

NR 507.07 NR 507.07 Groundwater monitoring well development. All groundwater monitoring wells shall be properly developed following installation in accordance with s. NR 141.21 and this section. To determine the effectiveness of the development, a sample shall be taken from the well within 24 hours of completion of development and analyzed for total suspended solids. Additional purging is not required prior to taking the sample. If drilling fluids were used during well construction, the sample shall also be tested for COD.

NR 507.07 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.08 NR 507.08 Boring and well abandonment. All monitoring wells and boreholes shall be abandoned in accordance with s. NR 141.25 and this section.

NR 507.08(1) (1) Timeline. All boreholes not instrumented with a well shall be abandoned immediately after completion of drilling and soil sampling.

NR 507.08(2) (2) Abandonment of water supply wells. Water supply wells which are required to be abandoned shall be abandoned and documented in accordance with s. NR 812.26.

NR 507.08 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.09 NR 507.09 Leachate head well design and installation. All leachate head wells required under s. NR 504.09 (2) (i) shall be located, designed and installed so as to obtain reliable and representative information regarding the leachate head levels within the landfill. Leachate head wells in landfills with a composite liner shall be designed with risers on the sideslopes. Landfills with a clay liner shall use a vertical leachate head well design. All leachate headwells shall be documented in accordance with s. NR 507.14 (1) and (5) (a).

NR 507.09 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.10 NR 507.10 Collection basin lysimeter design and installation. All collection basin lysimeters required under s. NR 504.06 (5) (u) shall be located, designed and installed so as to obtain reliable and representative information regarding movement of liquid through the landfill liner. All collection basin lysimeters shall be documented in accordance with s. NR 507.14 (1) and (5) (a).

NR 507.10 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.11 NR 507.11 Gas monitoring well design and installation. All gas monitoring wells shall be designed, installed and documented in accordance with ss. NR 507.04, 507.05, 507.06 (1) and (2) and 507.14 and the requirements of this section unless the department approves alternate methods in writing. All gas monitoring wells shall be designed, located, installed and maintained so as to obtain reliable and representative information regarding soil conditions and gas concentrations.

NR 507.11(1) (1) Timing of installation. Where gas monitoring is required, gas monitoring wells shall be installed at the same time that adjacent areas of the landfill liner are constructed.

NR 507.11(2) (2) Design. All gas monitoring wells shall be constructed with a shut-off valve to prevent the escape of gas from the sampling device and minimize the amount of inflow of air from the atmosphere.

NR 507.11(3) (3) Location. All gas monitoring wells shall meet both of the following:

NR 507.11(3)(a) (a) Wells shall extend to the maximum depth of waste or to the low seasonal groundwater level whichever is encountered first. The screened length shall extend from 5 feet below ground surface to the bottom of the well.

NR 507.11(3)(b) (b) Wells shall be located within 150 feet of the edge of waste unless otherwise approved by the department.

NR 507.11 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.12 NR 507.12 Other monitoring device design and installation. The department may require other monitoring devices based on an evaluation of the potential for environmental impacts and the risk those impacts pose to human health and the environment.

NR 507.12 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.13 NR 507.13 Inspections and replacement devices. The facility owner or operator shall inspect at least annually all monitoring devices installed for field investigations conducted under this chapter. Sampling personnel shall inspect all monitoring devices each time the device is sampled or a water level elevation is measured. If for any reason a monitoring device is damaged, provides a conduit to the subsurface or otherwise fails to function properly, the facility owner or operator shall notify the department in writing within 10 days after discovery. The device shall be repaired if possible. If the device cannot be repaired, it shall be properly abandoned and replaced within 60 days unless otherwise approved in writing by the department. Replacement and abandonment of groundwater monitoring wells shall be in accordance with ch. NR 141 and this chapter. If the device is replaced, the replacement device shall be given the same number as the device it replaced followed by the letter “R” to indicate it is a replacement, unless otherwise approved in writing by the department. An additional “R” shall be added each time the device is replaced.

NR 507.13 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.14 NR 507.14 Documentation of monitoring devices and geologic sampling. All well construction and abandonment, well development, and boring advancement and abandonment activities shall be documented and reported to the department in accordance with s. NR 141.23 and this section. These activities shall be documented in all major plan submittals including initial site reports, feasibility reports, plans of operation, construction documentation or environmental contamination assessment reports. If no plan is being prepared at the time of these activities, documentation of the activities shall be submitted to the department within 60 days after the activities.

NR 507.14(1) (1) Well location. Documentation of all well locations shall be done in accordance with s. NR 141.065.

NR 507.14(2) (2) Soil and bedrock description. Documentation of soils and bedrock shall include all of the following:

NR 507.14(2)(a) (a) A description of each major soil sample unit including its structure, mottling, voids, layering, lenses and geologic origin and visual classification according to the unified soil classification system.

NR 507.14(2)(b) (b) A description of any continuous bedrock core samples including percent recovery, RQD and fracture frequency.

NR 507.14(3) (3) Boring logs. Boring logs shall include all of the following:

NR 507.14(3)(a) (a) Elevations of land surface and bottom of boring, corrected to national geodetic survey datum.

NR 507.14(3)(b) (b) If the boring is converted to a well, the water level at the time of drilling, date of water level measurement and a well construction diagram on the boring log.

NR 507.14(4) (4) Boring and well abandonment documentation. Documentation of the abandonment of wells and borings shall include all of the following:

NR 507.14(4)(a) (a) If the well is a public or private water supply well, any forms required under ss. NR 812.10 and 812.26.

NR 507.14(4)(b) (b) Updated forms previously submitted to the department such as the groundwater monitoring well information form, to reflect the current condition of the monitoring system.

NR 507.14(5) (5) Forms. Documentation of activities performed under this chapter shall be submitted on the most recent version of the department forms listed in this subsection and included in ch. NR 507 Appendix V, and be completed as instructed. All the information on the forms and instructions in ch. NR 507 Appendix V shall be provided on the appropriate form included in ch. NR 507 Appendix V. The department may approve replicate forms generated by the facility owner or operator for use in submitting the required information. The forms include:

NR 507.14(5)(a) (a) Groundwater monitoring well information form 4400-089, for use whenever monitoring points are added or removed from the monitoring system, including water supply wells. Within 6 months following July 1, 1996, all owners and operators of solid waste landfills where monitoring is required shall submit a completed form which includes the current condition of all existing and former monitoring points and whether the well is a Subtitle D well. Following this submittal of the form, future submittals may contain only the changes to the monitoring network being documented.

NR 507.14(5)(b) (b) Groundwater monitoring inventory form 3300-067 for all water supply wells.

NR 507.14(5)(c) (c) Monitoring well construction form 4400-113A.

NR 507.14(5)(d) (d) Monitoring well development form 4400-113B.

NR 507.14(5)(e) (e) Well/drillhole/borehole abandonment form 3300-005.

NR 507.14(5)(f) (f) Soil boring log information form 4400-122.

NR 507.14 Note Note: The forms and software for submitting the forms electronically are available at http://dnr.wi.gov/topic/Groundwater/forms.html. The forms and the software may also 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].

NR 507.14(6) (6) Miscellaneous. The owner or operator shall document raw data and calculated results of in-situ hydraulic conductivity tests, water level measurements and dates, computations of well yield, if determined and any changes in well construction, casing elevation and other features subsequent to drilling.

NR 507.14 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (5) (a), (b) and (e) Register January 2006 No. 601, eff. 2-1-06; correction in (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 18-095: am. (4) (a) Register June 2020 No. 774, eff. 7-1-20.

NR 507.15 NR 507.15 General requirements for environmental monitoring.

NR 507.15(1) (1) All facilities. The department may require the owner or operator of any landfill, or any person who permits the use of property for that purpose, to conduct environmental monitoring in accordance with this chapter and with plans approved by the department. Environmental monitoring includes but is not limited to monitoring of groundwater, the unsaturated zone, leachate, lysimeter fluid, gas, gas condensate, surface water, public or private water supplies, air or other physical features. Monitoring procedures and results shall be documented and submitted to the department in accordance with ss. NR 507.14 and 507.26.

NR 507.15(2) (2) Facilities in operation on or after October 9, 1993. The owner or operator of a landfill which accepted municipal solid waste on or after October 9, 1993, except facilities which received less than 100 tons per day on an annual basis and which ceased accepting solid waste prior to April 9, 1994, shall perform all of the following:

NR 507.15(2)(a) (a) Propose in the feasibility report for any new facility or expansion of an existing facility, a minimum of 4 groundwater monitoring wells to serve as Subtitle D wells. The department shall review the proposal and approve the proposed wells or choose alternative wells.

NR 507.15(2)(b) (b) Propose to the department a detection monitoring program, including baseline groundwater quality, leachate and lysimeter monitoring and Subtitle D well locations, in accordance with s. NR 507.19 in a feasibility report or for existing facilities according to the following schedule:

NR 507.15(2)(b)1. 1. For facilities licensed to receive greater than 500,000 cubic yards, the owner or operator shall submit the proposal for implementation within 60 days after July 1, 1996.

NR 507.15(2)(b)2. 2. For facilities licensed to receive less than 500,000 cubic yards, the owner or operator shall submit the proposal for implementation by October 9, 1996.

NR 507.15(2)(c) (c) Implement a detection monitoring program in accordance with plans approved by the department and including assessment monitoring if necessary.

NR 507.15(2)(d) (d) Propose to the department a quarterly gas monitoring program in accordance with s. NR 507.22 for implementation within 60 days after July 1, 1996 at existing facilities or in a feasibility report.

NR 507.15(2)(e) (e) Implement a quarterly gas monitoring program in accordance with plans approved by the department.

NR 507.15(3) (3) CCR landfills. In addition to the detection groundwater monitoring system required under s. NR 507.19, the owner or operator of a CCR landfill that accepts CCR on or after October 19, 2015, shall also submit a plan establishing a separate CCR groundwater monitoring system for the purpose of monitoring groundwater quality in the uppermost aquifer in accordance with this chapter. The plan shall be submitted with the plan of operation modification for initial permitting in accordance with s. NR 514.045 or in the feasibility report under ch. NR 512.

NR 507.15(3)(a) (a) The CCR groundwater monitoring system shall consist of a sufficient number of CCR wells, installed at appropriate locations and depths, as approved by the department, adequate to yield groundwater samples from the uppermost aquifer that accurately represent upgradient groundwater quality that has not been affected by leakage from a CCR landfill and downgradient groundwater quality passing the waste boundary of the CCR landfill. The downgradient monitoring wells shall be installed to ensure detection of groundwater contamination in the uppermost aquifer, including all known or suspected contaminant pathways.

NR 507.15(3)(b) (b) The number, spacing, and depths of monitoring wells submitted to the department as part of the CCR groundwater monitoring system plan shall be determined based upon site-specific technical information that shall include thorough characterization of aquifer thickness, groundwater flow rate, and groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow. The monitoring systems shall also take into account the saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities.

NR 507.15(3)(c) (c) The CCR groundwater monitoring system plan shall include the minimum number of monitoring wells necessary to meet the performance standards specified under par. (a), based on the site-specific information specified under par. (b). The groundwater monitoring system plan shall contain all of the following: