Chapter NR 665

NR 665.0301(6) (6) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

NR 665.0301(7) (7) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

NR 665.0301(8) (8) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

NR 665.0301(9) (9) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

NR 665.0301 Note Note: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0312, 665.0313 and 665.0314. As required by s. NR 665.0073, the owner or operator shall place the results of these analyses in the operating record of the facility.

NR 665.0301 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (4) (a) Register August 2020 No. 776, eff. 9-1-20.

NR 665.0302 NR 665.0302 Action leakage rate.

NR 665.0302(1) (1) The owner or operator of landfill units subject to s. NR 665.0301 (1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0301 (2). Within 60 days of receipt of the notification, the department shall establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section, or extend the review period for up to 30 days. If no action is taken by the department before the original 60 or extended 90 day review periods, the action leakage rate shall be approved as proposed by the owner or operator.

NR 665.0302(2) (2) The department shall approve an action leakage rate for landfill units subject to s. NR 665.0301 (1). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

NR 665.0302(3) (3) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 665.0304, to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the long-term care period when monthly monitoring is required under s. NR 665.0304 (2).

NR 665.0302 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0303 NR 665.0303 Response actions.

NR 665.0303(1) (1) The owner or operator of landfill units subject to s. NR 665.0301 (1) shall develop and keep on site until closure of the facility a response action plan. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in sub. (2).

NR 665.0303(2) (2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall do all of the following:

NR 665.0303(2)(a) (a) Notify the department in writing of the exceedence within 7 days of the determination.

NR 665.0303(2)(b) (b) Submit a preliminary written assessment to the department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size and cause of any leaks and short-term actions taken and planned.

NR 665.0303(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 665.0303(2)(d) (d) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs or controls and whether or not the unit should be closed.

NR 665.0303(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 665.0303(2)(f) (f) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in pars. (c), (d) and (e), the results of actions taken and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the department a report summarizing the results of any remedial actions taken and actions planned.

NR 665.0303(3) (3) To make the leak and remediation determinations in sub. (2) (c), (d) and (e), the owner or operator shall comply with par. (a) or (b):

NR 665.0303(3)(a) (a) Do all of the following:

NR 665.0303(3)(a)1. 1. Assess the source of liquids and amounts of liquids by source.

NR 665.0303(3)(a)2. 2. Conduct a fingerprint, hazardous constituent or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid.

NR 665.0303(3)(a)3. 3. Assess the seriousness of any leaks in terms of potential for escaping into the environment.

NR 665.0303(3)(b) (b) Document why the assessments are not needed.

NR 665.0303 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (1) Register July 2017 No. 739, eff. 8-1-17.

NR 665.0304 NR 665.0304 Monitoring and inspection.

NR 665.0304(1) (1) An owner or operator required to have a leak detection system under s. NR 665.0301 (1) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

NR 665.0304(2) (2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the long-term care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months.

NR 665.0304(3) (3) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed “pump operating level” will be in accordance with s. NR 665.0302 (1).

NR 665.0304 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0309 NR 665.0309 Surveying and recordkeeping. The owner or operator of a landfill shall maintain both of the following items in the operating record required in s. NR 665.0073:

NR 665.0309(1) (1) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks.

NR 665.0309(2) (2) The contents of each cell and the approximate location of each hazardous waste type within each cell.

NR 665.0309 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0310 NR 665.0310 Closure and long-term care.

NR 665.0310(1) (1) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to do all of the following:

NR 665.0310(1)(a) (a) Provide long-term minimization of migration of liquids through the closed landfill.

NR 665.0310(1)(b) (b) Function with minimum maintenance.

NR 665.0310(1)(c) (c) Promote drainage and minimize erosion or abrasion of the cover.

NR 665.0310(1)(d) (d) Accommodate settling and subsidence so that the cover’s integrity is maintained.

NR 665.0310(1)(e) (e) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

NR 665.0310(2) (2) After final closure, the owner or operator shall comply with all long-term care requirements contained in ss. NR 665.0117 to 665.0120, including maintenance and monitoring throughout the long-term care period. The owner or operator shall do all of the following:

NR 665.0310(2)(a) (a) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events.

NR 665.0310(2)(b) (b) Maintain and monitor the leak detection system in accordance with ss. NR 664.0301 (3) (c) 4. and (d) and 665.0304 (2), and comply with all other applicable leak detection system requirements of this chapter.

NR 665.0310(2)(c) (c) Maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of subch. F.

NR 665.0310(2)(d) (d) Prevent run-on and run-off from eroding or otherwise damaging the final cover.

NR 665.0310(2)(e) (e) Protect and maintain surveyed benchmarks used in complying with s. NR 665.0309.

NR 665.0310 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0312 NR 665.0312 Special requirements for ignitable or reactive waste.

NR 665.0312(1) (1) Except as provided in sub. (2) and s. NR 665.0316, ignitable or reactive waste may not be placed in a landfill, unless the waste and landfill meets all applicable requirements of ch. NR 668 and both of the following:

NR 665.0312(1)(a) (a) The resulting waste, mixture or dissolution of material no longer meets the definition of ignitable or reactive waste under s. NR 661.0021 or 661.0023.

NR 665.0312(1)(b) (b) Section NR 665.0017 (2) is complied with.

NR 665.0312(2) (2) Except for prohibited wastes which remain subject to treatment standards in subch. D of ch. NR 668, ignitable wastes in containers may be landfilled without meeting the requirements of sub. (1), provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes and may not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.

NR 665.0312 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (1) (a) Register August 2020 No. 776, eff. 9-1-20.

NR 665.0313 NR 665.0313 Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see ch. NR 665 Appendix V for examples) may not be placed in the same landfill cell, unless s. NR 665.0017 (2) is complied with.

NR 665.0313 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

NR 665.0314 NR 665.0314 Special requirements for bulk and containerized liquids.

NR 665.0314(1) (1) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

NR 665.0314(2) (2) Containers holding free liquids may not be placed in a landfill unless par. (a), (b), (c) or (d) applies:

NR 665.0314(2)(a) (a) All free-standing liquid is handled in one of the following ways:

NR 665.0314(2)(a)1. 1. It has been removed by decanting, or other methods.

NR 665.0314(2)(a)2. 2. It has been mixed with sorbent or solidified so that free-standing liquid is no longer observed.

NR 665.0314(2)(a)3. 3. It has been otherwise eliminated.

NR 665.0314(2)(b) (b) The container is very small, such as an ampule.

NR 665.0314(2)(c) (c) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor.

NR 665.0314(2)(d) (d) The container is a lab pack as defined in s. NR 665.0316 and is disposed of in accordance with s. NR 665.0316.

NR 665.0314(3) (3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test shall be used: Method 9095B (paint filter liquids test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA SW-846, incorporated by reference in s. NR 660.11.

NR 665.0314(4) (4) The date for compliance with sub. (2) is July 1, 1985.

NR 665.0314(5) (5) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in par. (a); materials that pass one of the tests in par. (b) or materials that are determined by EPA to be nonbiodegradable through the 40 CFR part 260 petition process.

NR 665.0314(5)(a) (a) Nonbiodegradable sorbents are any of the following:

NR 665.0314(5)(a)1. 1. Inorganic minerals, other inorganic materials and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller’s earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides or hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal or activated carbon).

NR 665.0314(5)(a)2. 2. High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable.

NR 665.0314(5)(a)3. 3. Mixtures of these nonbiodegradable materials.

NR 665.0314(5)(b) (b) The sorbent material may be determined to be nonbiodegradable using any of the following tests:

NR 665.0314(5)(b)1. 1. ASTM Method G21-70 (1984a)—Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, incorporated by reference in s. NR 660.11.

NR 665.0314(5)(b)2. 2. ASTM Method G22-76 (1984b)—Standard Practice for Determining Resistance of Plastics to Bacteria, incorporated by reference in s. NR 660.11.

NR 665.0314(5)(b)3. 3. OECD test 301B [CO2 Evolution (Modified Sturm Test)], incorporated by reference in s. NR 660.11.

NR 665.0314(6) (6) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of the landfill demonstrates to the department, or the department determines, that both of the following apply:

NR 665.0314(6)(a) (a) The only reasonably available alternative to the placement in the landfill is placement in a landfill or unlined surface impoundment, whether or not operating under an operating license or interim license, which contains, or may reasonably be anticipated to contain, hazardous waste.

NR 665.0314(6)(b) (b) Placement in the owner or operator’s landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in 40 CFR 144.3).

NR 665.0314 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: r. (1), renum. (2) to (7) to (1) to (6) and, as renumbered, am. (1), (3), (6) (intro.) Register July 2017 No. 739, eff. 8-1-17; correction in (4) as renumbered, made under s. 13.97 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 665.0315 NR 665.0315 Special requirements for containers. Unless they are very small, such as an ampule, containers shall be either of the following:

NR 665.0315(1) (1) At least 90 percent full when placed in the landfill.

NR 665.0315(2) (2) Crushed, shredded or similarly reduced in volume to the maximum practical extent before burial in the landfill.

NR 665.0315 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 665.0316 NR 665.0316 Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if all of the following requirements are met:

NR 665.0316(1) (1) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the U.S. department of transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178 and 179), if those regulations specify a particular inside container for the waste.