Chapter NR 512

NR 512.09(4)(g) (g) At least 4 rounds of baseline groundwater monitoring shall be performed on all observation wells and piezometers located outside the proposed limits of filling which were installed to evaluate the proposed property in accordance with s. NR 507.18 and submitted along with the feasibility report.

NR 512.09(4)(h) (h) The department may require other work such as groundwater modeling, pump tests, geophysical investigations, isopach maps or a fence diagram to assess the hydrogeologic conditions at the proposed facility.

NR 512.09(5) (5) Sample retention. All soil and bedrock samples collected from the proposed property shall be retained in accordance with s. NR 507.05.

NR 512.09(6) (6) Additional requirements for landfills with extended collection lines.

NR 512.09(6)(a) (a) Landfills shall meet the requirements of pars. (b) and (c) where they will accept municipal solid waste and contain leachate collection lines that exceed 1,200 feet from the end of each cleanout to the toe of the opposite slope. Where the requirements of this subsection differ from other requirements of this chapter, these requirements shall take precedence.

NR 512.09(6)(b) (b) A minimum of one boring in the area of each proposed cell shall be drilled to physically characterize subbase conditions for landfill foundation assessment of stability and settlement. Borings shall be extended to a minimum of 50 feet below proposed subbase grades or to competent bedrock, whichever is shallower. Borings shall include standard penetration testing. Samples shall be taken at each significant soil layer. A minimum of one sample from each fine grained layer and from each soft or compressible coarse grained layer shall be subjected to geotechnical testing to define parameters used in assessments of stability and settlement of the liner.

NR 512.09(6)(c) (c) Consolidation testing data shall be included with the data summarized by major soil unit in the table required by s. NR 512.10 (2) (d).

NR 512.09 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.11 and am. (intro.), (1) (intro.), (a), (b), (2) (intro.), (a), (3), (4) (a), (b), (e), (g), (h), (5), r. (1) (c) to (e), Register, June, 1996, No. 486, eff. 7-1-96; r. (2) (am), am. (2) (e) Table 1 and (5), Register, August, 1997, No. 500, eff. 9-1-97; am. Table 1, Register, September, 1998, No. 513, eff. 10-1-98; CR 04-077: cr. (6) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (intro.) Register January 2006 No. 601, eff. 2-1-06; correction in (6) (c) made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601; CR 06-026: am. (6) (a), Register December 2006 No. 612, eff. 1-1-07.

NR 512.10 NR 512.10 Subsurface data analysis.

NR 512.10(1) (1) At a minimum, the data on subsurface investigations shall be presented in the narrative section of the report and shall include the following specified requirements unless an alternative geotechnical investigation program under s. NR 512.085 specifically addressing these requirements, or a portion thereof, was accepted in writing by the department before the geotechnical investigation program for the feasibility report was initiated. Should the applicant identify minor discrepancies between the following specified requirements and the content of the feasibility report prior to its submittal to the department, the applicant may choose to identify those minor discrepancies in a separate letter to the department, including an explanation for them, and either propose a time table for providing that information or justify why it is not necessary to submit that specific information and request the necessary exemptions. The department shall respond to a letter in writing either accepting the explanation and requested approach or indicating that the discrepancies need to be addressed prior to issuing feasibility completeness.

NR 512.10(2) (2) Soil and bedrock descriptions. Each major soil unit and bedrock formation shall be described using data from both subsurface investigations and regional information. The descriptions shall include:

NR 512.10(2)(a) (a) Grain size distribution, geologic origin and classification of materials using the USCS system.

NR 512.10(2)(b) (b) The lateral and vertical extent of each major soil unit including description of lenses or other heterogeneities and, if bedrock is encountered by borings, the strike and dip of any rock formations. Strike and dip may be determined from regional or site-specific information.

NR 512.10(2)(c) (c) The presence and frequency of joints, fractures, voids, solution openings, faults or other structural features.

NR 512.10(2)(d) (d) Testing data shall be summarized by major soil unit in a table in the report. The table shall contain the following information: geologic origin, sample ID number, percentages of gravel, sand, silt and clay-sized materials, P200 content, liquid limit, plasticity index, and lab and field hydraulic conductivity. If average values are calculated for any of these test results, a range and standard deviation shall also be presented.

NR 512.10(3) (3) Hydrogeologic properties. The properties of each saturated soil unit or rock formation and its function in the groundwater flow system shall be described including the following:

NR 512.10(3)(a) (a) Hydraulic conductivity.

NR 512.10(3)(b) (b) Role as a confining unit.

NR 512.10(3)(c) (c) Hydraulic connection to other units.

NR 512.10(3)(d) (d) Actual or potential use as a water supply.

NR 512.10(3)(e) (e) Depth to groundwater and seasonal variations in groundwater elevation.

NR 512.10(3)(f) (f) Location and extent of perched groundwater.

NR 512.10(3)(g) (g) Local and regional flow directions including the location of groundwater divides.

NR 512.10(3)(h) (h) Horizontal and vertical hydraulic gradients, particularly between soil units of differing hydraulic conductivity and between unconsolidated deposits and bedrock.

NR 512.10(4) (4) Appendix. All raw data including boring logs, soil tests, hydraulic conductivity tests, water level measurements, baseline water quality laboratory reports, and department well construction, well development, and well information forms shall be included in the appendices of the report.

NR 512.10 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.12 and am. (1) (a), (b), (2) (h), (3), r. (2) (i), Register, June, 1996, No. 486, eff. 7-1-96; am. (3), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: renum. (intro.) to (3) to be (1) to (4) and am. (1) Register January 2006 No. 601, eff. 2-1-06.

NR 512.11 NR 512.11 Data presentation. The results from the subsurface investigations shall be presented on 24 inch x 36 inch plan sheets, unless an alternative size is approved by the department in writing, as follows:

NR 512.11(1) (1) Existing conditions. A detailed topographic survey of the proposed landfill and all areas within a distance of 1,500 feet from the proposed limits of filling. The minimum scale shall be 1″ = 200 feet with a maximum 2 foot contour interval. The contour interval selected shall be sufficiently small to clearly show surface water flow patterns within and around the proposed landfill. This plan sheet shall show the following features:

NR 512.11(1)(a) (a) 100-year floodplain area.

NR 512.11(1)(b) (b) Surface waters, including intermittent and ephemeral streams and wetlands.

NR 512.11(1)(c) (c) Residences, buildings, utility lines and other cultural features.

NR 512.11(1)(d) (d) Surrounding land uses, such as residential, commercial, agricultural and recreational.

NR 512.11(1)(e) (e) Property and proposed limits of filling, including any previous fill areas.

NR 512.11(1)(f) (f) Access control, such as fences and gates.

NR 512.11(1)(g) (g) Water supply wells including any irrigation and stock wells.

NR 512.11(1)(h) (h) Boring, test pit and well locations for the proposed landfill.

NR 512.11(1)(i) (i) Other structures including storm water control systems, agricultural drain tile systems, access and internal roads, and storm and sanitary sewerage systems.

NR 512.11(2) (2) Geologic cross-sections. Cross-sections shall be constructed through all borings, both perpendicular and parallel to the proposed landfill’s baseline. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, the cross-sections shall be expanded to include all the previous borings for the existing landfill. At least one cross-section shall be constructed parallel to groundwater flow. Where more than one interpretation can be reasonably made when evaluating heterogeneities within unconsolidated deposits, assume that the heterogeneities are continuous. The following information and where applicable, the information required by s. NR 512.14 (2) (b), shall be presented on the geologic cross-sections:

NR 512.11(2)(a) (a) Inferred or questionable lithostatigraphic boundaries shall be shown with a dashed line or question mark.

NR 512.11(2)(b) (b) For clarity, a number or symbol shall be used to label major soil units instead of extensive shading. A key shall be provided which contains a description of each major soil unit including geologic description and origin, USCS classification and color.

NR 512.11(2)(c) (c) Boring logs showing the USCS classification and geologic origin of each major soil unit, the results of grain size analyses, Atterberg limits and field hydraulic conductivity tests. The data shall be correlated to the sample location.

NR 512.11(2)(d) (d) Well construction details shown to scale including the well screen and filter pack length, the location of the upper and any lower seals and stabilized water level elevations measured on the same day. Where 2 or more observation wells are presented on a cross-section, a line representing the water table shall be drawn. The date the measurements were taken shall be specified in the key.

NR 512.11(3) (3) Water table maps. At least 2 water table contour maps shall be submitted. One map shall be based on the highest set of monthly water table elevations measured in the observation wells installed at the proposed landfill’s location and the other map shall be based on the lowest set of monthly water table elevations measured in the observation wells installed at the proposed landfill’s location. For each sampling round, all water level elevations shall be measured on the same day. The water table maps shall show all observation wells and the measured water level elevation at each observation well. Any observed variations in flow direction shall be discussed in the narrative of the report. For a contiguous, horizontal or vertical expansion of an existing landfill, the water table contour maps shall be expanded to include the observation wells and measured water table elevations at each observation well for the existing landfill. Inferred contours made beyond the extent of the observation well field shall be shown with dashed lines. If 3 or more bedrock wells are installed, a bedrock piezometric map shall be prepared.

NR 512.11(4) (4) Bedrock map. If at least 3 borings have been extended into bedrock, a bedrock contour map shall be prepared from specific and regional data.

NR 512.11(5) (5) Flow net. A flow net shall be constructed parallel to the direction of groundwater flow to show the distribution of recharge and discharge.

NR 512.11 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) (c) made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1994, No. 461; renum. from NR 512.13 and am. (1) (intro.) (c), (e), (g), (h) (i), (2) (intro.), (c), (d), (3), (4), Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.12 NR 512.12 Waste and leachate characterization.

NR 512.12(1) (1) Industrial wastes. Unless otherwise approved, the physical and chemical characteristics of any high volume industrial waste such as a foundry process waste, papermill sludge, utility coal-ash waste, and other non-municipal waste that is anticipated to individually constitute more than 5% of the total proposed design capacity and leachates shall be analyzed and described. When more than one waste is generated, testing shall be performed on each waste stream. All leaching tests shall be done in accordance with published test procedures. Physical tests shall be done in accordance with ASTM standards or published test procedures. All testing procedures shall be documented. The proposed testing program including the leaching test method, the leaching media, the parameters to be analyzed for and the detection limits for each parameter specified should be discussed with the department prior to initiation of the work. Actual field leachate data may be substituted for chemical characterization data of an industrial waste if the data are from an existing monofill that contains waste similar to that which is to be placed into the proposed landfill and if approved in writing by the department.

NR 512.12(2) (2) Municipal wastes. Actual field leachate data from existing landfills of similar size, design and waste type or an estimate of the anticipated leachate strength and quality available from department files shall be included for all landfills for the disposal of municipal solid waste.

NR 512.12(3) (3) Leachate generation. The estimated daily volume of leachate that will be collected during operations and after closure shall be calculated. Unless otherwise approved by the department, the following rates shall be used to calculate the leachate volumes:

NR 512.12(3)(a) (a) A minimum of 6 inches per year shall be used for all unclosed areas of the proposed limits of filling for landfills that will have a composite liner and a minimum of 4 inches per year shall be used for all unclosed areas of the proposed limits of filling for landfills that will not have a composite liner.

NR 512.12(3)(b) (b) One inch per year shall be used for all closed areas of the proposed limits of filling for landfills that will have a composite cap and a minimum of 3 inches per year shall be used for all closed areas of the proposed limits of filling for landfills that will not have a composite cap.

NR 512.12 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.15 and am. (1), (2), cr. (3), (4), Register, June, 1996, No. 486, eff. 7-1-96; r. (4), Register, August, 1997, No. 500, eff. 9-1-97.

NR 512.13 NR 512.13 Constraints on landfill development. The feasibility report shall contain a discussion of constraints for the development of the proposed landfill. This shall include:

NR 512.13(1) (1) Locational criteria and performance standards. A demonstration that the proposed landfill will meet the locational criteria and performance standards under s. NR 504.04. For a new CCR landfill or an expansion of a CCR landfill, all of the following also apply:

NR 512.13(1)(a) (a) The demonstration shall address all of the following factors, at a minimum, when determining whether an area is unstable:

NR 512.13(1)(a)1. 1. On-site or local soil conditions that may result in significant differential settling.

NR 512.13(1)(a)2. 2. On-site or local geologic or geomorphologic features.

NR 512.13(1)(a)3. 3. On-site or local human-made features or events both surface and subsurface.

NR 512.13(1)(b) (b) A facility or practice near a floodplain may not restrict the flow of the regional flood, reduce the temporary water storage capacity of the flood plain, or result in washout of solid waste, so as to pose a hazard to human life, wildlife, or land or water resources.

NR 512.13(1)(c) (c) A facility or practice may not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified under s. NR 27.03 (1).

NR 512.13(2) (2) Geotechnical information. An analysis of the geologic, hydrogeologic, topographic and hydrologic features of the facility that may be favorable or unfavorable for landfill development.

NR 512.13(3) (3) Construction and operation. A discussion of materials and support services required for landfill construction and operation. These shall include leachate treatment alternatives, identification of and a detailed evaluation of the capability of any proposed wastewater treatment plants to treat the anticipated quality and quantity of leachate, quality and quantity of acceptable materials available for landfill liner and final cap, and any specialized engineering structures to support landfilling activities.

NR 512.13(4) (4) Existing facility performance. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, the compliance status and performance of the existing landfill shall be evaluated.

NR 512.13(4)(a) (a) The discussion in any applicable pre-feasibility report on the compliance status and performance of the existing landfill shall be referenced in the feasibility report and any changes in the compliance status and performance of the existing landfill since the submittal of any applicable pre-feasibility report shall be addressed.

NR 512.13(4)(b) (b) If a preventive action limit or enforcement standard adopted under ss. NR 140.10 and 140.12 has been attained or exceeded at the proposed landfill location, an exemption request under s. NR 140.28 and in accordance with s. NR 507.29 shall be contained in the feasibility report.

NR 512.13 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.16, am. (intro.), (1), (3), r. and recr. (4), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (4) (intro.) and (a), Register, August, 1997, No. 500, eff. 9-1-97; CR 21-076: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (c) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (c) made under s. 35.17, Stats., Register July 2022 No. 799.

NR 512.14 NR 512.14 Proposed preliminary design. The feasibility report shall contain a proposed preliminary design based on conclusions outlined in the design constraints section of the feasibility report and in accordance with ch. NR 504.

NR 512.14(1) (1) Preliminary design report. At a minimum, this portion of the narrative section of the feasibility report shall include the following information:

NR 512.14(1)(a) (a) Preliminary materials balance calculations for the necessary volume of clay to construct the liner and final cap of the first phase of the landfill.

NR 512.14(1)(b) (b) Proposed methods for leachate and gas control including collection, containment and treatment.

NR 512.14(1)(c) (c) Proposed operating procedures including the general sequence of filling.

NR 512.14(1)(d) (d) A description of the proposed groundwater, leachate, surface water, gas, air, unsaturated zone and other monitoring programs to be implemented to meet the requirements of chs. NR 140 and 507 and a sampling plan for all monitoring devices in accordance with s. NR 507.16.

NR 512.14(1)(e) (e) Proposed methods for storm water control in accordance with ch. NR 216 and visual screening.

NR 512.14(1)(f) (f) Proposed final use.

NR 512.14(2) (2) Preliminary engineering plans. The preliminary engineering design shall be presented on 24 inch x 36 inch plan sheets. A maximum 5 foot contour interval shall be used for required drawings, unless an alternate size or interval is approved by the department in writing. Plan sheets shall be prepared as follows:

NR 512.14(2)(a) (a) The existing conditions map shall be used to show the proposed access, limits of filling, internal roads, load-out and scale facilities, associated buildings, storm water diversions, sedimentation basins, phases of facility development, sub-base and base grades, slopes and the leachate collection system including the location of any proposed leachate storage tank, lift station or sewer hook up.

NR 512.14(2)(b) (b) The present topography, proposed sub-base, base and final grades, and the liner and final cap configurations shall be displayed on all geologic cross-sections intersecting the proposed limits of filling.

NR 512.14(2)(c) (c) A plan sheet showing the proposed closure sequence and final grades.

NR 512.14 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.17 and am. (intro.), (1) (a), (b), (c), (d), (2) (intro.), (a), (b), r. (1) (e), (f), (2) (c) to (e), cr. (1) (e), (f), (2) (c), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (e), Register, August, 1997, No. 500, eff. 9-1-97.

NR 512.15 NR 512.15 Identification of soil borrow sources.

NR 512.15(1) (1) The feasibility report shall include a copy of the department’s initial site inspection evaluation for the proposed soil borrow sources designated to be used in the construction, operation or closure of the first phase of the landfill.

NR 512.15(2) (2) The feasibility report shall include the documentation for soil borrow sources as described in s. NR 504.075 for the proposed soil borrow sources designated to be used in the construction, operation or closure of the first phase of the landfill.

NR 512.15 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.18 and am. (1), (2) (intro.), (a), (b), (c), (d), (3) (intro.), (a), (b), (c), (d), (e), cr. (3) (f), (g), (4), r. (2) (e), (3) (f), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06.

NR 512.16 NR 512.16 Environmental review. To aid the department in complying with ch. NR 150, and in determining the need for an environmental impact report, the feasibility report shall include an environmental analysis section. This analysis shall include the following items:

NR 512.16(1) (1) Project summary. The department’s initial site report opinion letter, a brief overview of the project and a listing of the statutory authority and other relevant local, state and federal permits or approvals required as well as the need for exemptions, zoning changes and any other special permits or approvals.

NR 512.16(2) (2) Proposed physical changes. A brief description of the proposed physical changes including:

NR 512.16(2)(a) (a) The changes in terrestrial resources. This discussion shall include the quantity of soil to be excavated and the lateral extent of soil removal; the quantity and source of soils designated to be used in the construction, operation or closure of the landfill. All earthen modifications such as clearing and grubbing, excavation, soil placement necessary to reach the proposed sub-base grades, construction of access roads,stockpiles, and storm water controls shall also be described.

NR 512.16(2)(b) (b) The changes in aquatic resources including the potential impacts to streams, wetlands, ponds, lakes and flowages. This discussion shall include the discharge rates and volumes, in relevant quantities for groundwater control structures, leachate collection systems and storm water control structures under existing conditions as well as that anticipated during active operations and following closure. Information or any reports on how the proposed landfill and soil borrow sources designated to be used in the construction, operation or closure of the first phase of the proposed landfill comply with s. 30.19, Stats., and ch. NR 103 shall also be included.