Chapter NR 512

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.

NR 512.16(2)(c) (c) Buildings, treatment units, roads and other structures such as sedimentation basins and fences to be constructed in conjunction with the facility. This discussion shall include the size of the facilities and the number of miles of road to be constructed.

NR 512.16(2)(d) (d) Emissions and discharges such as dust, engine exhaust, odors, noise, gases, leachate, storm water and collected groundwater associated with landfill preparation, construction, operation, closure and post-closure of the landfill.

NR 512.16(2)(e) (e) Other changes anticipated with landfill development.

NR 512.16(2)(f) (f) Maps, plans and other descriptive material to clarify the discussion such as a county map showing the general area of the project, a map of the proposed service area, a USGS topographic map, a plat map, zoning map, county wetlands map, soils map and a landfill development plan.

NR 512.16(3) (3) Existing environment. A brief description of the existing environment that may be affected shall be included. At a minimum this shall contain:

NR 512.16(3)(a) (a) A description of the physical environment including the regional and local topography, geology, surface waters and associated drainage features, hydrogeologic conditions, air, wetlands and designated soil borrow sources.

NR 512.16(3)(b) (b) The dominant aquatic and terrestrial plant and animal species and habitats found in the area including any threatened or endangered species and amount, type and hydraulic value of wetlands.

NR 512.16(3)(c) (c) Land use including dominant features and zoning in the area.

NR 512.16(3)(d) (d) Social and economic conditions including any ethnic or cultural groups.

NR 512.16(3)(e) (e) Other special resources such as archaeological, historical, state or local natural areas, and prime agricultural lands.

NR 512.16(4) (4) Environmental consequences. A brief discussion of the probable adverse and beneficial impacts including primary, indirect and secondary impacts shall include:

NR 512.16(4)(a) (a) The physical impacts which would be associated with landfill design, construction and operation, including air quality, windblown paper and dust and visual impacts.

NR 512.16(4)(b) (b) The biological impacts including destruction and creation of habitat, alteration of the physical environment and any impacts to endangered or threatened species.

NR 512.16(4)(c) (c) The impacts on land use.

NR 512.16(4)(d) (d) The social and economic impacts to local residents and cultural groups and the communities and industries served by the landfill such as effects on taxes, traffic and roads, noise, consistency with local planning and zoning.

NR 512.16(4)(e) (e) Other special resources such as archaeological, historical, state or local natural areas and prime agricultural lands.

NR 512.16(4)(f) (f) Probable adverse impacts that cannot be avoided including groundwater and surface water impacts, modifications of topography and any soil borrow source limitations on development around the landfill, any loss of agricultural or forest land, displacement of wildlife and adverse aesthetic impacts for people in and around the landfill.

NR 512.16(5) (5) Alternatives. Identify, describe and discuss feasible alternatives including taking no action; enlargement, reduction or modification of the project; other landfills, locations or methods to the proposed action and their impacts. Particular attention shall be given to alternatives which might avoid some or all adverse environmental impacts, including planned and existing waste reduction and recycling, incineration, solid waste disposal, and transfer facilities that may serve to handle the waste expected to be disposed of at the proposed landfill, taking into account the economics of waste collection, transportation and disposal.

NR 512.16 Note Note: Information provided in previous sections of the initial site report, any pre-feasibility report or feasibility report may be referenced to satisfy this section.

NR 512.16 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.19 and am. (intro.), (2) (a) to (f), (3) (a), (b), (e), (4) (a), (d) to (f), (5), r. (1), cr. (1), Register, June, 1996, No. 486, eff. 7-1-96; CR 13-022: am. (intro.) Register March 2014 No. 699, eff. 4-1-14.

NR 512.17 NR 512.17 Need and design capacity. Unless the landfill is exempt under s. 289.28 (2), Stats., the feasibility report shall contain an evaluation to justify the need for the proposed landfill in accordance with s. 289.28 (1), Stats., and the design capacity for the proposed landfill under s. 289.29 (1) (d), Stats. In addition to the information specified in s. 289.28 (1), Stats., the feasibility report shall contain information identifying the existing waste reduction activities, recycling activities and solid waste facilities used to manage solid wastes generated within the anticipated service area of the proposed landfill, and the remaining design capacity of each facility. The feasibility report shall also contain information for these listed activities and facilities for which a significant commitment or implementation or development has been made. In determining the design capacity of the proposed landfill under s. 289.29 (1) (d), Stats., the department shall consider the effect of planned and existing waste reduction and recycling activities and other existing or proposed competing solid waste facilities, regardless of whether or not the other facilities are located within the service area, as defined under s. 289.28 (1), Stats., of the proposed landfill.

NR 512.17 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567.

NR 512.18 NR 512.18 Evaluation of alternatives to land disposal. The feasibility report shall include an analysis of the alternatives to the land disposal of waste, including potential and existing waste reduction, reuse, recycling, composting and energy recovery initiatives and services.

NR 512.18(1) (1) Analysis of alternatives to land disposal. The analysis shall include a discussion of the trends affecting the waste stream, an estimate of the cost per ton of each alternative, when available and an evaluation of the feasibility of implementing each potential alternative.

NR 512.18(2) (2) Evaluation of implementing alternatives to land disposal. The feasibility report shall evaluate the feasibility of implementing waste reduction initiatives and recycling services in connection with the proposed landfill and describe any waste reduction incentives and recycling services to be provided at the proposed landfill.

NR 512.18 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.19 NR 512.19 Noncompliance with plans or orders. The feasibility report shall identify all persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant. The feasibility report shall also identify all other Wisconsin solid or hazardous waste facilities for which the applicant or any identified person is named in, or subject to an order or plan approval issued by the department. In addition, the feasibility report shall identify all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or any identified person owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets and include a statement indicating whether or not all plan approvals and orders relating to all identified facilities are being complied with.

NR 512.19 Note Note: If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s. 289.34 (3), Stats., to assure that compliance is achieved.

NR 512.19 History History: Cr. Register, September, 1998, No. 513, eff. 10-1-98.