Section 9 NR 504.10 (intro.) is amended to read:
NR 504.10 Alternative design criteria for landfills accepting high volume industrial wastes. This section applies to landfills designed principally for high volume industrial waste, wood residue and minor amounts of other wastes as approved by the department. This section applies to all new landfills and to the expansion of existing landfills for which the plan of operation was approved after February 1, 1988. This section also applies to new and existing CCR landfills and lateral expansions of a CCR landfill.
Section 10 NR 504.10 (3) (g) is created to read:
NR 504.10 (3) (g) For new and existing CCR landfills and any lateral expansion of a CCR landfill, a demonstration that the alternative design meets the federal requirements located under 40 CFR part 257, Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018. Note: The code of federal regulations may be obtained at www.ecfr.gov. Copies of 40 CFR part 257, Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018 are available for inspection at the offices of the department of natural resources and the legislative reference bureau. Section 11 NR 504.12 is created to read:
NR 504.12 Minimum design and construction criteria for CCR landfills.
(1) Applicability. In addition to ss. NR 504.04 to 504.10, applicable to all landfills or landfills accepting high volume industrial waste, this section includes design criteria that are applicable to the construction of a new or existing CCR landfill or a lateral expansion of a CCR landfill. (2) Run-on and run-off controls. An existing or new CCR landfill or any lateral expansion of a CCR landfill shall be designed, constructed, operated, and maintained with a run-off and run-on control system in accordance with the requirements under s. NR 504.09 (1) (f) and (g) and all of the following: (a) A run-on control system shall prevent flow onto the active portion of the CCR landfill during the peak discharge from a 24-hour, 25-year storm.
(b) A run-off control system from the active portion of the CCR landfill shall collect and control, at a minimum, the water volume resulting from a 24-hour, 25-year storm.
(3) Liner design. (a) A new CCR landfill or a lateral expansion of a CCR landfill shall be designed, constructed, operated, and maintained with a composite liner that meets the requirements under s. NR 504.06 (2) and (3) and a leachate collection and removal system that meets the requirements under s. NR 504.06 (5). The composite liner shall consist of 2 components; the upper component shall consist of a nominal 60-mil or thicker geomembrane liner, and the lower component shall consist of a minimum 4-foot-thick layer of compacted clay. A GCL and soil barrier may be used in place of the clay layer of a composite liner in accordance with s. NR 504.06 (7). In addition to the minimum design and construction criteria for landfill liners and leachate collection systems under s. NR 504.06, the liner and leachate collection system shall meet all of the following: 1. The leachate collection and removal system shall be designed, constructed, operated, and maintained to limit the leachate head level on the liner to one foot or less.
2. The leachate collection and removal system shall be constructed of materials that exhibit all of the following properties:
a. Chemically resistant to the CCR and any non-CCR waste managed in the CCR landfill and the leachate expected to be generated.
b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and equipment used at the CCR landfill.
3. The leachate collection and removal system shall be designed and operated to minimize clogging during the active life and during the long-term care of the landfill.
4. The geomembrane component of the liner shall be installed in direct and uniform contact with the compacted clay soil component.
5. A liner that utilizes a GCL and soil barrier layer in accordance with s. NR 504.06 (7) shall be designed to have a liquid flow rate no greater than the liquid flow rate through 2 feet of compacted soil with a hydraulic conductivity of 1 x 10-7 cm/sec. The liquid flow rate comparison shall be made using the following equation, which is derived from Darcy’s Law for gravity flow through porous media: Q/A = q = k (h/t + 1)
Where:
Q = flow rate (cubic centimeters / second).
A = surface area of the liner (squared centimeters).
q= flow rate per unit area (cubic centimeters / second / squared centimeter).
k = hydraulic conductivity of the liner (centimeters / second).
h = hydraulic head above the liner (centimeters).
t = thickness of the liner (centimeters).
(b) A new CCR landfill or a lateral expansion of a CCR landfill shall be designed and constructed with a subbase grade that is located no less than 5 feet above the upper limit of the uppermost aquifer, or shall demonstrate that there will not be an intermittent recurring or sustained hydraulic connection between any portion of the base of the CCR landfill and the uppermost aquifer due to normal fluctuations in groundwater elevations, including the seasonal high water table.
Note: A new CCR landfill or lateral expansion of a CCR landfill is also required to comply with s. NR 504.06 (2) (b) or (4) for zone-of-saturation landfills. The definition of an uppermost aquifer can be found under s. NR 500.03 (246m). (c) A new CCR landfill or a lateral expansion of a CCR landfill may not be constructed over a closed CCR surface impoundment.
(4) Final cover system. (a) A new or existing CCR landfill or a lateral expansion of a CCR landfill shall be designed and constructed with a final cover system that meets the requirements under s. NR 504.07. (b) The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill may propose an alternative final cover system design within a written closure plan in accordance with s. NR 504.10 and all of the following: 1. The permeability of the final cover system shall be less than or equal to the permeability of any bottom liner system or natural subsoils present or shall be no greater than 1 x 10-5 cm/sec, whichever is less.
2. The design of the final cover system shall include an infiltration layer that achieves an equivalent reduction in infiltration as the layers specified under s. NR 504.07 (4). 3. The design of the final cover system shall include an erosion layer that provides equivalent protection from wind or water erosion as the topsoil layer specified under s. NR 504.07 (7). 4. The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence.
Section 12 NR 506.02 (1) is renumbered NR 506.02 (1) (a) and amended to read:
NR 506.02 Applicability. (1) (a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all solid waste disposal facilities as defined in under s. 289.01 (35), Stats., except hazardous including all CCR landfills and expansions. (b) This chapter does not govern any of the following:
1. Hazardous waste facilities as defined in under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic. 2. Metallic mining operations for nonferrous minerals as defined in under s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic. 3. Metallic mining operations for ferrous minerals as defined in under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Section 13 NR 506.08 (intro.) is amended to read:
NR 506.08 Closure requirements. Any person who maintains or operates a landfill, except a CCR landfill regulated under s. NR 506.083, or who permits use of property for such purpose shall, when the fill area or portion thereof reaches final grade, or when the department determines that closure is required, cease to accept solid waste and close the landfill or portion thereof in accordance with the plan approval issued by the department and all of the following minimum practices unless otherwise approved by the department in writing: Section 14 NR 506.083 and 506.084 are created to read:
NR 506.083 Closure requirements for CCR landfills. Closure of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:
(1) Notification procedures. (a) No later than the date the owner or operator initiates closure of a CCR landfill under sub. (2), the owner or operator shall notify the department in writing of the intent to close the landfill and place a copy of the notification in the facility’s operating record.
(b) Within 30 days following completion of closure of a CCR landfill under sub. (3), the owner or operator shall prepare and submit a notification of closure to the department and place a copy in the facility’s operating record. The notification shall include the certification required under s. NR 516.04 (3) (d). (2) Initiation of closure activities. (a) The owner or operator shall commence closure of the CCR landfill no later than 30 days after either of the following occur:
1. The date of final receipt of CCR waste and any non-CCR waste stream.
2. Final removal of CCR from the CCR landfill for the purpose of beneficial use of CCR.
(b) The owner or operator may delay commencing closure up to 2 years from the last receipt of waste or the last removal of CCR material for the purpose of beneficial use upon written approval by the department if the owner or operator demonstrates that there is a reasonable likelihood that the CCR landfill will accept wastes in the foreseeable future or will remove CCR from the landfill for the purpose of beneficial use. The delay shall be requested in writing to the department as a modification to the written closure plan required under s. NR 514.07 (10) (c) and include documentation that the CCR landfill will continue to accept wastes or will start removing CCR for the purpose of beneficial use. The request shall include all of the following: 1. Information documenting that the CCR landfill has remaining storage or disposal capacity or that the CCR landfill may have CCR removed for the purpose of beneficial use.
2. Information demonstrating that there is a reasonable likelihood that the CCR landfill will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR may be removed for the purpose of beneficial use. Any portion of the landfill that will not receive additional CCR or have CCR removed for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. The narrative shall include a best estimate as to when the CCR landfill will resume receiving CCR or non-CCR waste streams.
3. The following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
(c) Prior to the end of a 2-year delay for commencing closure, the owner or operator may request a subsequent 2-year delay under par. (b).
(d) For purposes of this section, closure of the CCR landfill has commenced once the owner or operator has ceased placing waste and undertakes any of the following actions or activities:
1. Takes any steps necessary to implement the approved closure plan.
2. Applies to the department or another agency for a permit or modification related to closure.
3. Takes any steps necessary to comply with any department or other agency requirements that are a prerequisite, or are otherwise applicable, to initiating or completing the closure of a CCR landfill.
(3) Completion of closure activities. (a) The owner or operator shall complete closure of the CCR landfill within 6 months of commencing closure activities.
(b) The timeframe for completing closure of a CCR landfill may be extended for a one-year period upon written department approval if the owner or operator demonstrates that it was not feasible to complete closure of the CCR landfill within the required timeframe due to factors beyond the owner or operator’s control. No more than a total of 2 one-year extensions may be obtained for any CCR landfill. An owner or operator shall request the time extensions to the department in writing as modifications to the approved closure plan and include a narrative discussion providing the basis for additional time. The time extension request shall include the following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
(4) Deed notation. (a) Following closure of a CCR landfill, the owner or operator shall, within 60 days after closure is complete, record an affidavit with the register of deeds to notify any potential purchaser of the property that the land has been used as a landfill and its use is restricted to prevent disturbing the integrity of the final cover, liner or any other components of the containment system or the function of the monitoring systems.
(b) A copy of the affidavit shall be submitted to the department and placed in the facility’s operating record within 30 days of recordation.
(5) Closure by removal of CCR. An owner or operator may close a CCR landfill by removing and decontaminating all areas affected by releases from the CCR landfill. CCR removal and decontamination of the CCR landfill are complete when constituent concentrations throughout the CCR landfill and any areas affected by releases from the CCR landfill have been removed and groundwater monitoring concentrations do not exceed the groundwater protection standard for constituents listed under s. NR 140.10, Table 1. A landfill closed by removal of CCR and associated remediation is not subject to the deed notation requirement under s. NR 506.08 (4) and long-term care requirements under s. NR 506.084. (6) Closure performance standards when leaving CCR in place. An owner or operator of a CCR landfill shall ensure that, at a minimum the CCR landfill is closed in a manner that will achieve all of the following performance standards:
(a) Control, minimization or elimination, to the maximum extent feasible, of post-closure infiltration of liquids into the waste and of releases of CCR, leachate, or contaminated run-off to the ground or surface waters or to the atmosphere.
(b) Prevention of the impoundment of water, sediment or slurry.
(c) Slope stability to prevent the sloughing or movement of the final cover system during the closure and long-term care period.
(d) Minimization of the need for long term maintenance of the CCR landfill.
(e) Complete closure in the shortest amount of time consistent with recognized and generally accepted good engineering practices.
(7) Alternative closure requirements. An owner or operator that is subject to closure for failure to demonstrate compliance with locational criteria under s. NR 514.045 (5) may continue to receive CCR in the CCR landfill provided the owner or operator meets all of the following: (a) The owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of an alternative disposal capacity both on-site and off-site of the facility. The owner or operator of the CCR landfill shall document that all of the following conditions have been met:
1. No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this subdivision.
2. The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subdivision lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible.
3. The owner or operator shall remain in compliance with all other operating requirements under ch. NR 506 and the requirements of chs. NR 507 and 508, including the requirement to conduct any necessary corrective action required under s. NR 508.06 (5). 4. The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.
(b) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes under subs. (2) and (3).
(c) If no alternative capacity is identified within 5 years after the initial certification, the CCR landfill shall cease receiving CCR and close under subs. (2) and (3).
(d) An owner or operator that closes in accordance with this section shall complete and submit to the department the notices and progress reports in accordance with all of the following:
1. Within 6 months of becoming subject to closure, the owner or operator shall prepare and submit a notification of intent to comply with the alternative closure requirements of this section. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions of this section, in addition to providing the required documentation and certifications.
2. The owner or operator shall prepare the periodic progress reports required under par. (a) 4., in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:
a. The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements.
b. The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.
3. The notification and progress reports shall be placed in the written operating record and posted on a publicly accessible internet site under s. NR 506.17 (2) and (3). NR 506.084 Long-term care requirements for CCR landfills. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:
(1) Long-term care maintenance requirements. Following closure of the CCR landfill, the owner or operator shall conduct long-term care for the CCR landfill in accordance with the approved long-term care plan required under s. NR 514.07 (10).
(2) Long-term care period. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation, with perpetual long-term care responsibility under s. 289.41 (1m) (c), Stats., and all of the following: (a) The long-term care period for a CCR landfill is 40 years for purposes of record keeping under s. NR 506.17 (2) and proof of owner financial responsibility under s. NR 520.05.
