Chapter NR 503

NR 503.08(5)(b) (b) Storm water shall be diverted to limit the potential for erosion and sedimentation. Wherever possible, storm water shall be diverted around previously filled areas. Where it is necessary to divert drainage over previously filled areas, the department may require that drainage be conveyed by clay lined drainage swales having a minimum thickness of 2 feet.

NR 503.08(5)(c) (c) The finished surface of the filled area shall be covered with a minimum of 6 inches of topsoil.

NR 503.08(5)(d) (d) Seeding, fertilizing and mulching of the finished surface shall be accomplished in accordance with the landfill’s final use. The seed type and amount of fertilizer shall be selected depending on the type and quality of topsoil and compatibility with native vegetation.

NR 503.08(5)(e) (e) Following closure of the one time disposal landfill, the landfill shall be inspected and maintained by the owner or operator.

NR 503.08(6) (6) Expansions. Any person who wishes to expand an existing one time disposal landfill shall comply with all provisions of this section. The department shall interpret expansions to include any new landfill within 1/4 mile of an existing landfill. The combined design capacity of the original one time disposal landfill and all subsequent expansions may not exceed 10,000 cubic yards. The department may deny any request for an expansion if, in the department’s opinion, the disposal of additional waste may result in a detrimental effect on surface or groundwater or cause or exacerbate an attainment or exceedance of any standard in ch. NR 140. The local geology, hydrogeology and topography shall be considered in this decision.

NR 503.08 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 503.09 NR 503.09 Small size construction and demolition waste landfills.

NR 503.09(1) (1) Public notice. The applicant for a small size construction and demolition waste landfill shall publish a public notice in the local newspaper and send written notification to residents within 1200 feet of the proposed landfill footprint. The notice and notification shall identify the applicant’s name, business address and phone number; the location, design capacity, and anticipated operational life of the proposed landfill; and the name, address and telephone number of the department representative to whom public comments may be submitted orally or in writing. Copies of both the proposed public notice and the notification to residents shall be provided to the department office located in the region of the proposed landfill prior to submission to the newspaper for publication. Documentation that the public notice and resident notification requirements were met shall be provided in the plan of operation under this subsection.

NR 503.09(2) (2) Plan of operation requirements. No person may establish, construct, operate or maintain a small size construction and demolition waste landfill prior to obtaining approval from the department of a plan of operation. Any person intending to establish or construct a small size construction and demolition waste landfill for disposal of no more than 50,000 cubic yards of material shall submit a plan of operation to the department for approval which contains the information specified in this subsection unless the department waives specific requirements in writing. The proposal shall address the alternatives considered, including reuse, recycling and disposal at a licensed solid waste landfill, the reasons why other economically feasible alternatives are not available, and the potential environmental impacts that may occur. The department may require the submittal of any additional information, if it determines that the information is necessary to complete the review of the project. At a minimum, the following information shall be included in the plan of operation:

NR 503.09(2)(a) (a) General landfill information which identifies the project title; name, address and telephone number of the primary contact persons and consultants; present property owner; proposed landfill owner and operator; landfill location by quarter-quarter section; total acreage of property and landfill; proposed landfill life and disposal capacity; estimated types, quantities and sources of waste to be disposed; anticipated covering frequency; equipment to be used; and mode of operation.

NR 503.09(2)(b) (b) Geotechnical information shall be obtained by drilling a minimum of 5 soil borings which extend to 25 feet below the anticipated landfill base grade or to bedrock, whichever is less unless an alternative geotechnical program is approved by the department in writing. The borings shall be distributed on a grid pattern throughout the area. A minimum of 3 representative samples shall be taken from each major soil layer encountered during installation of the borings and shall be analyzed for grain size distribution and classified according to the unified soil classification system.

NR 503.09(2)(c) (c) Water table observation wells shall be installed to adequately define the water table surface and hydraulic gradients. At a minimum, 3 water table observation wells shall be installed. The well locations shall be chosen in an effort to place one well upgradient and the other 2 downgradient at the proposed landfill.

NR 503.09(2)(d) (d) The results of the subsurface investigations shall be summarized using a series of geologic sections which connect the soil borings performed. Each section shall show present topography, borings, wells, major soil layers, water table and bedrock.

NR 503.09(2)(e) (e) Topographic survey information shall be displayed on a plan sheet showing the proposed fill area, property boundaries, proposed landfill boundaries, soil borings performed and wells installed. The minimum scale shall be 1″ = 200′ with a maximum contour interval of 5 feet. This map may consist of a blow-up of a USGS map, with supplemental information added as appropriate. Drainage patterns shall be shown. In addition, the plan sheet shall show all roads adjacent to or near the proposed landfill, and all homes, water supply wells, floodplains, and wetlands or water courses within 1/4 mile of the landfill.

NR 503.09(2)(f) (f) A topographic plan sheet showing the proposed base grades and the sequence of filling shall be prepared. A contour interval of 2 feet shall be used and all drainage patterns shown.

NR 503.09(2)(g) (g) A topographic plan sheet showing the proposed final grades shall be prepared.

NR 503.09(2)(h) (h) Cross-sections, both north-south and east-west, shall be drawn through the fill area delineating present topography, soils information, groundwater, base grades and final contours. This information may be shown on the geologic cross-sections required in par. (d) if clarity is not compromised.

NR 503.09(2)(i) (i) An environmental monitoring plan shall be proposed which, at a minimum, complies with the requirements of sub. (6).

NR 503.09(2)(j) (j) An appendix shall be prepared which includes all raw data such as boring logs, soil tests, well construction data and water level measurements; a plat map of the area; a soil conservation service soil map and interpretation and references.

NR 503.09(3) (3) Waste screening plan.

NR 503.09(3)(a) (a) The owner or operator of a small size construction and demolition waste landfill shall develop and submit to the department for approval a waste screening and handling plan that contains the following:

NR 503.09(3)(a)1. 1. Identification of items that may not be accepted by the landfill.

NR 503.09(3)(a)2. 2. Procedures for limiting waste which is not approved for disposal from entering the landfill.

NR 503.09(3)(a)3. 3. Procedures for inspecting waste loads.

NR 503.09(3)(a)4. 4. Procedures for handling and disposing of screened items.

NR 503.09(3)(a)5. 5. Procedures for enforcement of the waste screening requirements.

NR 503.09(3)(b) (b) The owner or operator of a small size construction and demolition waste landfill which began initial operation prior to July 1, 1996, shall submit a waste screening and handling plan to the department no later than 3 months after July 1, 1996, for approval. Small size construction and demolition waste landfills which did not begin operation prior to July 1, 1996, may not accept waste until a waste screening plan is approved in writing by the department.

NR 503.09(4) (4) Design and operational requirements. Any person operating a small size construction and demolition waste landfill shall meet the following operational requirements, and comply with the terms and conditions of the plan approval for the landfill.

NR 503.09(4)(a) (a) The landfill shall be operated, maintained and closed in a nuisance-free manner. Screening shall be provided from all residences within 1/4 mile of the waste handling areas unless this requirement is waived in writing by the department.

NR 503.09(4)(b) (b) A minimum 10-foot separation distance from the base of the landfill to the water table or bedrock shall be maintained unless the disposal facility is in a clay soil environment.

NR 503.09(4)(c) (c) Access to the landfill shall be restricted through the use of fencing or other means if approved by the department.

NR 503.09(4)(d) (d) The landfill shall be operated by personnel who meet the operator certification requirements established under ch. NR 524.

NR 503.09(5) (5) Construction documentation report. The department may require the owner or operator to submit a construction documentation report for any small size construction and demolition waste landfill. When a documentation report is required it shall be prepared in accordance with the department’s plan approval and s. NR 500.05. Operation of the landfill may not begin until the report is approved in writing by the department.

NR 503.09(6) (6) Environmental monitoring. The owner or operator of a landfill approved under this section shall establish an environmental monitoring program under this subsection. The department may require installation of additional monitoring devices, additions to the groundwater sampling and analysis programs, gas and leachate monitoring and provisions to protect against the detrimental effects of leachate and gas migration. At a minimum, the monitoring program shall include the following:

NR 503.09(6)(a) (a) Water table observation wells shall be installed to adequately define the water table, hydraulic gradients and groundwater quality. At a minimum, 3 water table observation wells shall be installed. The well locations shall be chosen in an effort to place one well upgradient and the other 2 downgradient at the proposed landfill.

NR 503.09(6)(b) (b) Baseline water quality shall be established at all monitoring wells for all the parameters listed in Table 1.

NR 503.09(6)(c) (c) A minimum of 2 samples with at least 30 days between sampling rounds, shall be collected and analyzed and the results shall be submitted with the proposal for constructing the small demolition landfill. Two additional samples, with at least 30 days between sampling rounds, shall be collected and analyzed for any parameters listed in Table 1 which exceeded preventive action limits established in Table 1 of NR 140 during either of the first 2 rounds.

NR 503.09(6)(d) (d) If additional samples are required under par. (c), the results of the 2 additional samples shall be submitted in the construction documentation report for the small demolition landfill.

NR 503.09(6)(e) (e) Collection, handling and analysis of samples shall be performed in accordance with ss. NR 507.16 and 507.17.

Table 1
Groundwater Sampling For Small Size
Construction & Demolition Waste Landfills

NR 503.09(6)(f) (f) Detection groundwater monitoring shall be established at each monitoring well. Detection monitoring shall begin following the first acceptance of waste. Each well shall be sampled semi-annually and tested for the parameters listed in column 1 of Table 1 unless otherwise approved in writing by the department. All test results shall be submitted to the department in accordance with ch. NR 507.

NR 503.09(7) (7) Closure requirements. Any person who operates or maintains a small size construction and demolition waste landfill, or who permits the use of property for such purposes shall close the landfill within 90 days after disposal ends or when the design capacity is reached, whichever occurs first, in accordance with the approved plan of operation and the following:

NR 503.09(7)(a) (a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. Fine grain soils shall be utilized to minimize infiltration unless this requirement is waived in writing by the department. Top slopes shall be no less than 2%. Side slopes shall be no steeper than 33%.

NR 503.09(7)(b) (b) Storm water shall be diverted to limit the potential for erosion and sedimentation. Wherever possible, storm water shall be diverted around previously filled areas. Where it is necessary to divert drainage over previously filled areas, the department may require that drainage be conveyed by clay lined drainage swales having a minimum thickness of 2 feet.

NR 503.09(7)(c) (c) The finished surface of the filled area shall be covered with a minimum of 6 inches of topsoil.

NR 503.09(7)(d) (d) Seeding, fertilizing and mulching of the finished surface shall be accomplished in accordance with the landfill’s final use. The seed type and amount of fertilizer shall be selected depending on the type and quality of topsoil and compatibility with native vegetation.

NR 503.09(7)(e) (e) Following closure of a small size construction and demolition waste landfill, the landfill shall be inspected and maintained by the owner or operator.

NR 503.09(8) (8) Expansions. Except as provided under s. NR 503.10 (8) (b), any person who wishes to expand an existing small size construction and demolition waste landfill shall comply with all provisions of this section. The department shall interpret expansions to include the establishment of any new landfill within 1/4 mile of an existing landfill regulated under this chapter. In no case may the combined design capacity of the original small size construction and demolition waste landfill and all subsequent expansions exceed 50,000 cubic yards. The department may deny any request for an expansion, if in the department’s opinion, the disposal of additional waste may result in a detrimental effect on surface or groundwater or cause or exacerbate an attainment or exceedance of any standard in ch. NR 140. The local geology, hydrology, hydrogeology and typography shall be considered in this decision.

NR 503.09(9) (9) Inspection fees.

NR 503.09(9)(a) (a) The department may specify in any approval that critical construction steps of a landfill be inspected by the department. The owner or operator shall pay a construction inspection fee of $500.00 per inspection to the department at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 4 inspections per major phase of construction may be required.

NR 503.09(9)(b) (b) The owner or operator of a small size construction and demolition waste landfill which begins operation after July 1, 1996, shall pay an operation inspection fee to the department in accordance with ch. NR 520 Table 3, prior to beginning initial operation and annually on October 1st of each year. The owner or operator of a small size construction and demolition landfill which was in operation prior to July 1, 1996, and continues to operate after July 1, 1996, shall pay an operation inspection fee to the department in accordance with ch. NR 520 Table 3, within 90 days after July 1, 1996, and annually on October 1st of each year.

NR 503.09(10) (10) Financial responsibility for closure and long term care. The department may require that the owner or operator of a landfill approved in accordance with this section provide proof of financial responsibility for closure and long term care of the landfill using methods listed in s. NR 520.06.

NR 503.09(10)(a) (a) The owner or operator of a landfill required to provide financial responsibility in accordance with this section shall submit prior to beginning disposal operations and annually thereafter for the period of active landfill life, proof of financial responsibility to ensure compliance with the closure requirements of the approved report.

NR 503.09(10)(b) (b) The owner or operator of a landfill required to provide financial responsibility in accordance with this section shall provide proof of financial responsibility for the long-term care of the landfill for 40 years after landfill closure. An owner responsible for long-term care shall submit prior to beginning disposal operations and annually thereafter for the period of active landfill life, proof of financial responsibility to ensure compliance with the long-term care requirements of the approved plan of operation.

NR 503.09(10)(c) (c) Any person acquiring rights of ownership, possession or operation of a landfill approved in accordance with this section shall be subject to all requirements of the plan of operation for the landfill and shall provide any required proof of financial responsibility to the department in accordance with ch. NR 520. The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the landfill obtains department approval of proof of financial responsibility.

NR 503.09 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; am. (3) (a), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: renum. (1) to (9) to be (2) to (10) and am. (6) (f), cr. (1) Register January 2006 No. 601, eff. 2-1-06; correction in (2) (i) made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601.

NR 503.10 NR 503.10 Intermediate size construction and demolition waste landfills.

NR 503.10(1) (1) Public notification requirements. No person may establish or construct an intermediate size construction and demolition waste landfill for disposal of more than 50,000 cubic yards but no more than 250,000 cubic yards of material after July 1, 1996, unless the following requirements have been met.

NR 503.10(1)(a) (a) The applicant shall publish a public notice in the local newspaper which identifies the applicant’s name, business address and phone number; the location, design capacity, and anticipated operational life of the proposed landfill; and the name, address and telephone number of the department representative to whom public comments may be submitted orally or in writing. A copy of the proposed public notice shall be provided to the department office located in the area of the proposed landfill prior to submission to the newspaper for publication.

NR 503.10(1)(b) (b) The applicant shall provide a press release to the local newspaper which includes the information required in par. (a) as well as a description of the proposed operation.

NR 503.10(1)(c) (c) The applicant shall provide individual letters of notification to all landowners and residents located within 1/4 mile of the proposed limits of filling which includes the information required in par. (a). This requirement may be satisfied by local zoning notification procedures if all landowners and residents within 1/4 mile are contacted.

NR 503.10(1)(d) (d) The applicant shall provide a letter of notification to the clerk of all townships and municipalities in which the landfill is to be located and all townships and municipalities located within 1200 feet of the proposed waste limits which includes the information required in par. (a).

NR 503.10(1)(e) (e) All of the requirements in this subsection shall be satisfied prior to submitting a plan of operation under sub. (2). Documentation that the requirements have been met shall be provided in the plan of operation.

NR 503.10(2) (2) Plan of operation requirements. No person may establish, construct, operate or maintain an intermediate size construction and demolition waste landfill prior to receiving approval from the department of a plan of operation. Any person intending to establish or construct an intermediate size construction and demolition waste landfill shall submit a plan of operation to the department for approval which contains the information specified in this subsection. The proposal shall address the alternatives considered, including reuse, recycling and disposal at a licensed solid waste landfill, the reasons why other economically feasible alternatives are not available, and the potential environmental impacts that may occur. The report shall adequately characterize site conditions and contain the complete plans and specifications necessary for construction, operation, monitoring, closing and long-term care of the landfill. These plans as approved by the department shall be used for the day-to-day construction, operation and closure of the landfill and shall be presented in a manner that is clear and understandable. The department shall either approve or disapprove the report in writing within 90 days after submission of a complete report. Any proposed changes to the approved report shall be submitted to and approved by the department in writing prior to implementation.

NR 503.10(2)(a) (a) The report shall identify the project title; name, address and phone number of the primary contacts including the proposed landfill’s owner and operator and any consultants; present property owner; proposed landfill location by quarter-quarter section; total acreage of the property and proposed limits of filling; proposed landfill life and design capacity; anticipated waste sources, types and characteristics; anticipated volumes of each major waste stream and any seasonal fluctuations taking into account waste reduction, reuse, recycling; anticipated cover frequency; mode of operation; anticipated sub-base, base and final grades; and documentation demonstrating that the requirements of sub. (1) have been satisfied.

NR 503.10(2)(b) (b) The report shall include a discussion of land uses at the proposed landfill location and within at least one mile of the anticipated limits of filling and waste handling areas. A thorough discussion of land uses which may have an impact on the suitability of the property for waste disposal or on groundwater quality shall be included. The report shall address all areas where land use may affect or be affected by the proposed new landfill or a proposed expansion to an existing landfill. The discussions shall be supplemented with land use maps. At a minimum, the report shall specifically address the following items:

NR 503.10(2)(b)1. 1. Landowners whose property is contiguous to the proposed landfill’s property boundaries, and all residences within 1/4 mile of the anticipated limits of filling, shall be identified and located on a map. This information may be presented on a plat map unless sufficient detail cannot be shown. However, any changes in ownership shown on the plat map shall be noted.

NR 503.10(2)(b)2. 2. A discussion of land use zoning shall be included. Particular attention shall be given to areas where zoning variances will be required, where agricultural impact statements may be required, or where floodplain, conservancy, shoreland or wetland zoning is designated. A copy of any zoning variances that have been granted or conditions that have been imposed shall be included in the report.

NR 503.10(2)(b)3. 3. A description of the current land uses shall be included. Particular emphasis shall be put on the discussion of known recreational, historical, archaeological, state and local natural areas; national, state and county forest lands; and critical habitat.

NR 503.10(2)(b)4. 4. The existing or proposed transportation routes and access roads including any weight restrictions shall be delineated.

NR 503.10 Note Note: Limits of filling is defined in s. NR 500.03 (127).

NR 503.10(2)(c) (c) The report shall include a discussion of the regional setting of the proposed landfill to provide a basis for comparison and interpretation of information obtained through field investigations. This discussion may be limited to information available from publications such as a hydrologic investigations atlas, water supply papers, informational circulars and technical bulletins published by the Wisconsin geological and natural history survey, the United States geological survey and the natural resources conservation service. The regional setting to be discussed is the area which may affect or be affected by the proposed landfill. At a minimum, the report shall consider the area within one mile of the anticipated limits of filling. The discussions shall be supplemented with available regional bedrock and glacial geology maps, USGS topographic maps, NRCS soil maps and regional water table maps. Specifically, the following items shall be discussed:

NR 503.10(2)(c)1. 1. The existing topography including predominant topographic features.

NR 503.10(2)(c)2. 2. The surface water drainage patterns and significant hydrologic features such as surface waters, springs, surface water drainage basins, divides and wetlands.

NR 503.10(2)(c)3. 3. The origin, nature and distribution of bedrock; the origin, texture, thickness and distribution of the unconsolidated units; and the texture and classification of the surficial soils.

NR 503.10(2)(c)4. 4. The depth to groundwater, groundwater flow directions, groundwater divides and aquifers and identification of the aquifers used by public and private wells.

NR 503.10(2)(c)5. 5. Information on groundwater and surface water quality which is available from the USGS, WGNHS, DNR, UW-Extension and regional planning commissions.

NR 503.10(2)(d) (d) The applicant shall perform field investigations to define the subsurface soils, depth to bedrock, type of bedrock, depth to groundwater and groundwater flow direction at the proposed landfill’s location. The results of this investigation shall be described in the narrative section of the report. All raw data collected for borings, well construction and borehole abandonment shall be submitted on forms in accordance with s. NR 507.14 (5). All raw data for laboratory tests and water level measurements shall be included in the report appendix. At a minimum, the investigations specified in subds. 1. to 4. shall be performed unless an alternative geotechnical investigation program is approved by the department in writing before the geotechnical investigation program for the report is initiated. Documentation of any alternative geotechnical investigation approved by the department and justification for any reductions to the requirements in this section shall be included in the report. At a minimum, the field investigation shall include the following:

NR 503.10(2)(d)1. 1. As specified in Table 2, borings shall be drilled in 5 separate locations for the first 20 or less acres of the anticipated limits of filling and one additional boring shall be drilled for each additional 10 or less acres. All borings shall be extended a minimum of 25 feet below the anticipated sub-base grade. If the boring is located outside the anticipated limits of filling, the applicable sub-base grade is the elevation of the bottom of the anticipated liner system nearest to the borehole. The borings shall be distributed on a grid pattern across the proposed site location and the anticipated limits of filling. All borings shall be located in or within 300 feet of the anticipated limits of filling. Samples shall be collected and retained and boring logs shall be prepared in accordance with s. NR 507.05 (2) and (3). Borings not converted to wells shall be abandoned in accordance with ss. NR 141.25 and 507.08.

NR 503.10(2)(d)2. 2. As specified in Table 2, wells shall be installed to adequately define the depth to groundwater and in a configuration that allows groundwater flow direction to be determined.

NR 503.10(2)(d)2.a. a. At a minimum, 3 water table observation wells shall be installed for the first 20 or less acres of the anticipated limits of filling and one additional water table observation well shall be installed for each additional 10 or less acres. Based on existing information, the observation wells shall be constructed such that the water table intersects the well screen at all times during the year.

NR 503.10(2)(d)2.b. b. At a minimum, in a fine-grained soil environment for each 20 or less acres of the anticipated limits of filling, a piezometer shall be installed adjacent to a water table observation well to create a well nest.

NR 503.10 Note Note: A fine-grained soil environment is defined in s. NR 500.03 (86).

NR 503.10(2)(d)2.c. c. All wells shall be located no more than 300 feet from the proposed limits of filling and be designed, installed, developed and documented in accordance with ch. NR 141 and ss. NR 507.06, 507.07 and 507.08. Alternative methods of well design and installation which achieve comparable results shall be approved by the department prior to well construction.

NR 503.10(2)(d)3. 3. 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. The professional geologist or qualified technician who is directly supervised by a professional geologist shall also visually describe and classify all geologic samples.

Table 2

Minimum Number of Required Borings & Wells

NR 503.10(2)(d)4. 4. Laboratory and field analyses conducted to identify the specific geologic and hydrogeologic conditions at the proposed landfill’s location shall:

NR 503.10(2)(d)4.a. a. Include testing a minimum of one representative sample from each major soil unit encountered. Each representative sample shall be analyzed for grain-size distribution using mechanical and hydrometer methods and Atterberg limits as appropriate for the particular type of material and be classified according to the unified soil classification system.