Chapter NR 503

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.

NR 503.10 Note Note: A major soil unit is defined in s. NR 500.03 (138).

NR 503.10(2)(d)4.b. b. All available groundwater or surface water quality data which has been obtained from sampling at the proposed landfill location shall be submitted in the report. Any environmental monitoring data included in the report shall be submitted electronically.

NR 503.10(2)(e) (e) Unless an alternative size is approved by the department, the results of the subsurface investigations shall be presented on 24 inch x 36 inch plan sheets as follows:

NR 503.10(2)(e)1. 1. A topographic map of the area within 1/4 mile of the anticipated limits of filling shall be submitted showing the anticipated limits of filling, property boundaries, homes, buildings, cultural features, water supply wells, and the location of soil borings and wells. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, the topographic map shall also include the location of all borings and wells for the existing landfill. The base map may consist of an enlarged 7.5 minute USGS map or other map having a minimum scale of 1″= 500¢ with contour intervals sufficient to show relief.

NR 503.10(2)(e)2. 2. Geologic cross-sections shall be submitted. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, all borings and wells for the existing landfill shall be included on the geologic cross-sections. Where more than one interpretation can be reasonably made when evaluating heterogeneities within the unconsolidated deposits, assume that the heterogeneities are continuous. The following information shall be presented on the geologic cross-sections:

NR 503.10(2)(e)2.a. a. A dashed line or question mark for inferred lithostratigraphic boundaries, a number or symbol to label major soil units and a key containing a description of the soil units.

NR 503.10(2)(e)2.b. b. The anticipated sub-base, base and final grades for the proposed landfill.

NR 503.10(2)(e)2.c. c. All boring logs, the USCS classifications and the geologic origin for each major soil unit.

NR 503.10(2)(e)2.d. d. Well construction details shown to scale including the well screen and filter pack length, the location of the upper and lower seals, and stabilized water level elevations measured on the same day. When 2 or more water table observation wells are presented on a cross-section, a line representing the water table elevation shall be drawn. The date the measurements were taken shall be specified in the key.

NR 503.10(2)(e)3. 3. A water table contour map shall be submitted. The map shall be based on stabilized water levels recorded on the same day from all observation wells installed at the proposed landfill’s location and show the wells and the measured water level at each well. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, the water table contour map shall include the water table observation wells and measured water table elevations at each well for the existing landfill. The topographic map shall be used as a base map. If more than one set of water levels has been taken, the water table contours shall be based on the set of data which indicates the highest water table. Any observed variations in flow direction shall be discussed in the narrative of the report. Inferred contours made beyond the extent of the well field shall be shown with dashed lines.

NR 503.10(2)(f) (f) The report shall include an analysis of the results from the sub-surface investigations, regional geotechnical information, land use information, and include a discussion of the following items:

NR 503.10(2)(f)1. 1. The potential for the proposed landfill to meet the locational criteria and performance standards in s. NR 503.04.

NR 503.10(2)(f)2. 2. A discussion of the geologic environment including those factors which may affect the development, design or operation of the proposed landfill.

NR 503.10(2)(f)3. 3. 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 503.10(2)(g) (g) The report shall contain a set of engineering plans which are drawn in accordance with ss. NR 500.05 (6) and 504.07 to 504.11 and the following requirements. Engineering plans shall be drawn on standard 24 inch by 36 inch plan sheets. If landfill details cannot be shown on standard plan sheets at a 1:100 scale, the engineering plans may be drawn on 30 inch by 42 inch plan sheets. All plan sheets except the title sheet, existing conditions sheet, cross-sections and details sheets shall utilize the existing conditions sheet as a base map. For complex plans, existing conditions within the landfill area may be shown by lighter lines or may be eliminated. At a minimum, the engineering plans shall include the following:

NR 503.10(2)(g)1. 1. A title sheet shall be included indicating the project title, who prepared the plans, the date the plans were prepared, the applicant for whom the plans were prepared, a table of contents, a map showing the location of the landfill within the county or multi-county area, the location of the county or multi-county area within the state and the area to be served.

NR 503.10(2)(g)2. 2. An existing conditions plan shall be included consisting of a detailed topographic map of the proposed landfill and all areas within 1,200 feet of the proposed limits of filling prior to development. 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 landfill. All elevations shall be related to USGS datum. The plan shall identify and define the following:

NR 503.10(2)(g)2.a. a. Surface waters including intermittent and ephemeral streams and wetlands.

NR 503.10(2)(g)2.b. b. Property boundaries, the proposed landfill boundary and the proposed limits of filling.

NR 503.10(2)(g)2.c. c. A north arrow, landfill survey grid, a formula for converting grid locations to the state plane coordinate system and the locations of all existing and proposed survey monuments.

NR 503.10(2)(g)2.d. d. Residential and commercial structures and other buildings.

NR 503.10(2)(g)2.e. e. Locations of all soil borings, all existing and abandoned groundwater monitoring wells, all public and private water supply wells and the general locations of all known septic system drain fields within 1,000 feet of the landfill area or within 500 feet of any monitoring well.

NR 503.10(2)(g)2.f. f. The locations of all other landfills, and all other solid waste facilities for the processing, storage or composting of solid wastes.

NR 503.10(2)(g)2.g. g. Utility lines, underground pipelines and electrical lines, access control and other constructed topographic and drainage features.

NR 503.10(2)(g)3. 3. Plan sheets shall be included which depict the sub-base grades, all sub-base appurtenances such as lysimeters or drain pipes and the base grades.

NR 503.10(2)(g)4. 4. Separate plan sheets shall be included to depict the overall landfill area and the limits of liner construction and filling. The plan sheets shall depict the layout and slope of the liner system and leachate collection system including pipes, sumps, riser pipes on interior sideslopes, manholes, trenches, berms, lift stations, permanent storm water control structures, pipe cleanouts and other pertinent structures. Invert elevations shall be provided at any changes in grade for all leachate and groundwater collection and transfer systems.

NR 503.10(2)(g)5. 5. A series of phasing plan sheets shall be included to show landfill development through time. The location of peripheral features such as support buildings, access roads, drainage ditches, sedimentation basins, any other storm water management features, and screening berms shall be indicated on this plan. At a minimum, a separate plan sheet shall be provided for initial construction and for each subsequent phase of development or new area where substantial construction is to be performed. These subsequent phasing plan sheets shall present the final filling surfaces in the previous phases of development; the limits of clearing, grubbing and topsoil removal; the base grades of the new phase of filling; the anticipated surface contours of soil stockpiles at the time depicted on the plan sheet; and storm water management features. Each plan shall include a list of construction items and quantities necessary to prepare the phase of development indicated on the plan.

NR 503.10(2)(g)6. 6. Plan sheets shall be included which depict the features to be constructed for storm water management at the time of initial construction, during phased development, and after closure of the landfill. Plan sheets shall include the locations of sediment basins, drainage ditches, auxiliary sediment traps, and the anticipated extent of cleared ground and stockpiles during each major phase of landfill development. Plan sheets shall include a list of anticipated actions and materials needed for sediment and erosion control.

NR 503.10(2)(g)7. 7. A final topography plan sheet shall be included to indicate the appearance of the entire landfill following closure including surface water drainage features and the location of gas vents and all other penetrations of the final cover.

NR 503.10(2)(g)8. 8. A landfill monitoring plan shall be included to show the location of the design management zone as determined under s. NR 140.22 (3) and all devices for the monitoring of leachate quality and quantity, unsaturated zone water quality and flow rate, groundwater quality, surface water quality, gas production, gas migration and surface settlement.

NR 503.10(2)(g)9. 9. A long-term care plan sheet shall be included showing the topography of the landfill following closure. This plan shall list those items anticipated to be performed during the period of long-term care including the proposed schedule for monitoring and maintenance of the landfill. This information may be included on the final topography plan sheet if clarity is not compromised or reference may be made to the appropriate section of the operations manual and design report.

NR 503.10(2)(g)10. 10. A minimum of 2 cross-sections drawn perpendicular and parallel to the landfill baseline through the major dimensions of the landfill shall be included. These cross-sections shall be drawn on the cross-section plans required under sub. (2) (e) 2. The location of the cross-sections shall be illustrated by a reduced scale plan view on each cross-section. Each combined engineering and geologic cross-section shall show:

NR 503.10(2)(g)10.a. a. Existing grades.

NR 503.10(2)(g)10.b. b. Sub-base, base, top of leachate collection blanket grades and final grades.

NR 503.10(2)(g)10.c. c. Soil borings and monitoring wells which the section passes through or is adjacent to.

NR 503.10(2)(g)10.d. d. Soil and bedrock types. For clarity, a number or symbol shall be used to label major soil units instead of extensive shading.

NR 503.10(2)(g)10.e. e. Stabilized water table contours.

NR 503.10(2)(g)10.f. f. Leachate collection and monitoring systems.

NR 503.10(2)(g)10.g. g. Gas venting or extraction and monitoring systems.

NR 503.10(2)(g)10.h. h. Limits of waste filling.

NR 503.10(2)(g)10.i. i. Erosion, storm water and sediment control structures.

NR 503.10(2)(g)10.j. j. Access roads and ramps on the perimeter of the disposal area and within the active fill area.