Chapter NR 503

NR 503.10 Note Note: Design of storm water management features shall include consideration of other applicable requirements of the department. Requirements include, but are not limited to, ch. NR 103, and permits required by ch. 30, Stats.

NR 503.10(3)(g) (g) All landfills regulated under this section shall be designed with an inspection pad and storage areas for salvageable material as follows:

NR 503.10(3)(g)1. 1. The inspection pad shall be located outside of the landfill’s lined area. It shall consist of a permanent, all weather surface which is not readily permeable. The surface of the pad shall be concrete, asphalt or an alternative material approved by the department.

NR 503.10(3)(g)2. 2. The pad shall be designed to be of sufficient size to allow dumping of waste material directly from waste hauling vehicles and prevent delaying subsequent trucks waiting to dump loads.

NR 503.10(3)(g)3. 3. Storage areas for salvageable material shall be designed adjacent to or in close proximity to the inspection pad. At a minimum, storage areas shall be designated for clean soil, broken concrete and pavement, and clean wood.

NR 503.10(3)(g)4. 4. The department may require the construction of storage pads and storm water control structures for the salvageable material storage areas.

NR 503.10(3)(h) (h) All landfills regulated under this section shall be designed to meet the following requirements:

NR 503.10(3)(h)1. 1. A method of controlling any dust or windblown debris shall be included in the landfill design. The factors which will be considered by the department when evaluating alternative provisions for controlling dust and windblown debris include the remoteness of the landfill, natural screening, windbreaks and waste types.

NR 503.10(3)(h)2. 2. All access roads which are used by over the highway vehicles shall be designed with a maximum grade no greater than 10%. The intersection of the landfill access road with an existing highway shall be designed to provide sufficient sight distance and minimum interference with traffic on the highway.

NR 503.10(3)(h)3. 3. The landfill shall be designed so that final grades in each phase are reached as soon as possible, and the open area used for waste filling is minimized.

NR 503.10(3)(h)4. 4. The final slopes shall be equal to or greater than 5%, but may not exceed 25%.

NR 503.10(3)(h)5. 5. A minimum of 2 leachate head wells shall be proposed for each major horizontal phase of the landfill unless otherwise approved by the department.

NR 503.10(3)(h)6. 6. All landfills shall be designed with properly protected permanent benchmarks for horizontal and vertical control. Elevations shall be tied to USGS datum and horizontal control shall be referenced to the property boundary.

NR 503.10(4) (4) Operational requirements. No person may operate or maintain a new or existing landfill under this section except in conformance with the approved plan of operation and the following minimum requirements:

NR 503.10(4)(a) (a) Daily operations shall be in conformance with the following:

NR 503.10(4)(a)1. 1. Daily disposal of solid waste shall be confined to as small an area as practical.

NR 503.10(4)(a)2. 2. Provisions shall be made to confine windblown material within the active disposal area.

NR 503.10(4)(a)3. 3. At the conclusion of each day of operation, all windblown material shall be collected and properly disposed of in the active area in accordance with the provisions of this subsection unless the operator establishes, to the satisfaction of the department, that all windblown material cannot be collected using reasonable efforts because of conditions beyond the control of the operator, and windblown material which can be collected using a reasonable effort has been collected and properly disposed and nuisance conditions do not exist.

NR 503.10(4)(a)4. 4. Unless otherwise directed by the department, all waste shall be compacted, at a minimum, on a daily basis. The department may require that waste be completely covered at the end of each operating day with a compacted layer of at least 6 inches of soil or other material approved in writing by the department.

NR 503.10(4)(a)5. 5. Unless otherwise approved by the department in writing, any portion of a landfill which has been used for solid waste disposal but may not receive additional solid waste for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover. A specific soil type may be specified by the department for this one foot layer. The intermediate cover shall be compacted and adequately sloped to allow storm water runoff. The slopes shall be no less than 5% and no greater than 33%. The department may require that intermediate slopes be vegetated depending on the length of time they will remain open.

NR 503.10(4)(a)6. 6. Access to the landfill shall be restricted through the use of fencing, natural barriers or other methods approved in writing by the department.

NR 503.10(4)(a)7. 7. Effective means shall be taken to limit access to the active disposal area to minimize exposure of the public to hazards.

NR 503.10(4)(a)8. 8. Effective means shall be taken to control birds, flies, rodents, deer and other animals.

NR 503.10(4)(a)9. 9. Equipment shall be available on-site to control accidental fires and arrangements shall be made with the local fire protection agency to acquire its services when needed.

NR 503.10(4)(a)10. 10. A facility manager or certified site operator as required in s. NR 524.05 shall be present at the landfill during all hours of operation as defined in s. NR 524.03 (3). A list of names of certified operators and certified facility managers shall be maintained at the landfill in accordance with s. NR 506.17.

NR 503.10(4)(a)11. 11. A gate shall be provided at the entrance to the operation and it shall be kept locked when an operator is not on duty.

NR 503.10(4)(a)12. 12. The gate area shall be policed at the beginning of each day of operation to remove any solid waste which has been placed there during periods when the landfill was closed.

NR 503.10(4)(a)13. 13. A sign acceptable to the department shall be posted at the entrance of any landfill operated for public use which indicates the landfill name, the hours of operation, waste types accepted, penalty for unauthorized use, necessary safety precautions and any other pertinent information.

NR 503.10(4)(a)14. 14. The landfill shall be surrounded with rapidly growing trees, shrubbery, fencing, berms or other appropriate means to screen it from the surrounding area and to provide a wind break.

NR 503.10(4)(a)15. 15. Fugitive dust shall be controlled in accordance with s. NR 415.04 from all areas of the landfill.

NR 503.10(4)(a)16. 16. Provisions shall be made for back-up equipment in the event of operating equipment breakdown.

NR 503.10(4)(a)17. 17. A minimum separation distance of 100 feet shall be maintained between the limits of solid waste filling and adjacent property. The department may require additional separation distance if necessary to provide for vehicle access, drainage, monitoring, gas migration control, separation to adjacent homes or other landfill development factors.

NR 503.10(4)(a)18. 18. All topsoil within the landfill construction limits shall be salvaged and stored within the property boundaries for use in landfill closure. All stockpiled soil material which is not anticipated to be used within 6 months shall be seeded.

NR 503.10(4)(a)19. 19. All access roads to the active area of the operation shall be of all-weather construction and shall be maintained in good condition.

NR 503.10(4)(b) (b) All areas of the landfill property, including areas of temporary disturbance, with the potential for off-site migration of sediment shall be designed, constructed, operated and maintained according to the applicable requirements of s. NR 503.09 (4), and technical standards developed under subch. V of ch. NR 151, which include the following:

NR 503.10(4)(b)1. 1. Storm water shall be diverted away from the working area and areas already filled with solid waste.

NR 503.10(4)(b)2. 2. Storm water from upslope areas shall be diverted around disturbed areas to minimize erosion, entrained sediment and the amount of water contacting the disturbed area.

NR 503.10(4)(b)3. 3. The size and duration of disturbances shall be minimized, to the extent practicable, to minimize off-site sediment migration.

NR 503.10(4)(b)4. 4. While the site is disturbed, temporary measures shall be used to trap sediment and off-site sediment migration. This could include gravel breaks or the equivalent to minimize the transport of sediment off-site.

NR 503.10(4)(b)5. 5. Runoff channels shall be protected to prevent scour and erosion that generates sediment.

NR 503.10 Note Note: The technical standards developed by the Wisconsin department of natural resources, runoff management program are available at http://dnr.wi.gov/topic/stormwater/standards/ or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 503.10(4)(c) (c) Storm water drainage ditches, structures and sedimentation basins shall be cleaned and maintained so that they properly control storm water and limit entrained sediment in accordance with approved engineering designs. The department may waive this requirement on a case-by-case basis for existing landfills.

NR 503.10(4)(d) (d) All areas of the landfill which do not contain solid waste and are planned for vegetative cover shall be topsoiled, seeded and mulched as soon as practical, but no later than 90 days after completion of construction or by October 15, whichever is earlier and, if construction is completed after September 15, no later than June 15 of the following year. This includes, but is not limited to, the landfill entrance, drainage ditches and surrounding areas. Erosion control measures shall be placed within 30 days after completion of construction. The seed type and amount of fertilizer applied shall be selected according to the type and quality of topsoil, its compatibility with native vegetation, and the final use. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall be those specified for right–of–ways according to section 630, 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and the 2004 supplemental specifications.

NR 503.10 Note Note: The 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and any annual supplemental specifications are available at http://www.dot.wisconsin.gov/business/engrserv/procedures.htm or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 503.10(4)(e) (e) Disposal of solid waste shall begin at the edge of each phase. Solid waste shall be pushed out over the granular blanket. Vehicles may not be driven directly on the granular blanket. Disposal operations shall be conducted as follows:

NR 503.10(4)(e)1. 1. Except for portions of the sideslope greater than 10 feet above the base liner, a layer of solid waste at least 4 feet thick or an adequate amount of other frost protection material shall be placed over the granular blanket in all portions of the lined area prior to December 1st of the year following the year the clay liner was constructed. After this date, solid waste may not be placed on any portion of the liner or lower 10 feet of the sideslope not covered with a 4-foot thick layer of solid waste or other adequate frost protection material. Those portions of the liner or lower 10 feet of sideslope not covered with a 4-foot thick layer of solid waste or other frost protection material by this date shall be investigated for effects from freeze-thaw as specified by the department and shall be repaired and recertified during the next construction season, prior to waste placement. The requirements of this paragraph may be waived by the department.

NR 503.10(4)(e)2. 2. To provide for maximum compaction after the initial 4-foot lift of waste is placed, each single layer of solid waste shall be spread and compacted in 2-foot layers. An alternative plan for compaction of waste may be approved by the department.

NR 503.10(4)(f) (f) Effective means shall be utilized to prevent the migration of explosive gases generated by the waste fill. At no time may the concentration of explosive gases in any landfill structure, excluding the leachate collection system or gas control system components exceed 25% of the lower explosive limit for those gases. At no time shall the concentration of explosive gases in the soils or air within 200 feet of or beyond the landfill property boundary exceed the lower explosive limit for those gases. The department may require that the concentration of explosive gases not exceed the detectable levels for that gas at the landfill property boundary.

NR 503.10(4)(g) (g) Leachate shall be removed from all collection tanks, manholes, lift stations, sumps or other structures used for leachate storage as it is produced, including hours when the landfill is closed, such as overnight and weekends. Leachate shall be managed as follows:

NR 503.10(4)(g)1. 1. All leachate removed from a leachate collection system shall be disposed of at a wastewater treatment facility approved by the department and capable of accepting the leachate in accordance with the requirements of its WPDES permit. The landfill owner or operator shall immediately notify the department of any change in the availability of the designated wastewater treatment facility to accept or dispose of the leachate removed from the landfill. Waste may not be accepted at the landfill unless leachate is being managed in accordance with the landfill’s approved plan of operation and the requirements of this section.

NR 503.10(4)(g)2. 2. Any liquid which comes in contact with waste or accumulates in a portion of the landfill where active waste disposal operations are occurring shall be handled as leachate and properly treated as specified in subd. 1. unless otherwise approved by the department in writing.

NR 503.10(4)(g)3. 3. All leachate collection lines shall be cleaned with a water jet cleanout device with a maximum pressure of 10,000 pounds per square inch immediately after construction, and annually thereafter.

NR 503.10(4)(h) (h) Documentation for soil borrow sources shall comply with the requirements of s. NR 504.075.

NR 503.10(4)(i) (i) For all landfills that do not have a department-approved plan for phased development and closure, by October 15th of each year, all areas that are at final grades shall be capped, topsoiled and seeded unless otherwise approved by the department.

NR 503.10(4)(j) (j) Any person who maintains or operates a landfill, or who permits use of property for that 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 the following minimum practices unless otherwise approved by the department in writing:

NR 503.10(4)(j)1. 1. At least 120 days prior to closing the landfill, the owner or operator shall notify the department in writing of the intent to close the landfill and the expected date of closure. Prior to department notification, the owner or operator shall notify all users of the landfill of the intent to close the landfill so that alternative disposal options can be arranged.

NR 503.10(4)(j)2. 2. Signs shall be posted at all points of access to the landfill at least 30 days prior to closure indicating the date of closure and alternative disposal landfills. Landfills which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 503.10(4)(j)3. 3. Notice of the upcoming closure shall be published in a local newspaper at least 30 days prior to closure and a copy of the notice shall be provided to the department within 10 days after the date of publication. Landfills which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 503.10(4)(j)4. 4. Within 10 days after ceasing to accept solid waste, the owner or operator shall restrict access by the use of gates, fencing or other appropriate means to insure against further use of the landfill. If the final use allows access, access shall be restricted until closure has been completed and approved by the department.

NR 503.10(4)(j)5. 5. Closure activities shall begin within 30 days after ceasing to accept solid waste.

NR 503.10(4)(j)6. 6. Within 180 days after ceasing to accept solid waste or, if solid waste disposal operations terminate after September 15, by June 15 of the following year, the owner or operator shall complete seeding, fertilizing and mulching of the finished surface. The seed type and amount of fertilizer applied shall be selected depending on the type and quality of topsoil and compatibility with both native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall be those specified for right–of–ways according to section 630, 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and the 2004 supplemental specifications.

NR 503.10 Note Note: The 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and any annual supplemental specifications are available at http://www.dot.wisconsin.gov/business/engrserv/procedures.htm or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 503.10(4)(k) (k) The owner or operator of the landfill shall maintain the final cover. Repairs to the final cover shall be made as soon as possible after damage to the cap occurs. The following activities are prohibited at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing:

NR 503.10(4)(k)1. 1. Use of the waste disposal area for agricultural purposes.

NR 503.10(4)(k)2. 2. Establishment or construction of any buildings over the waste disposal area.

NR 503.10(4)(k)3. 3. Excavation of the final cover or any waste materials.

NR 503.10(4)(L) (L) An owner or operator of a landfill may not accept waste containing free liquids.

NR 503.10(4)(m) (m) Owners and operators of landfills shall implement a program at the landfill for detecting and preventing the disposal of waste not specifically approved for acceptance. The program shall include the following:

NR 503.10(4)(m)1. 1. Inspections shall be made of every incoming load of solid waste unless the owner or operator receives approval in writing from the department to take other steps to insure that incoming loads do not contain wastes not specifically approved for acceptance.

NR 503.10(4)(m)2. 2. Landfill personnel shall be trained in accordance with ch. NR 524 to recognize waste not approved for acceptance.

NR 503.10(4)(m)3. 3. Each load of waste shall be dumped on a permanent inspection pad which is located outside of the waste fill area. Material which is salvageable may be moved to approved storage areas located adjacent to the inspection pad. The remaining material shall be inspected by the certified facility manager or site operator and all material which is approved for disposal at the landfill shall be moved to the active disposal area on the same day on which it is received.

NR 503.10(4)(m)4. 4. Waste which is not approved for acceptance at the landfill shall be rejected. The waste shall be reloaded in the vehicle which delivered the waste or placed in a waste container such as a roll off box or dumpster. This material shall be handled in accordance with all applicable regulations including but not limited to those relating to the transportation, storage, treatment and disposal of the rejected material.

NR 503.10(4)(m)5. 5. If waste not approved for disposal is discovered and is suspected of being hazardous or containing PCB’s at a concentration of 50 ppm or greater, the owner or operator of the landfill shall notify the department’s district or area solid waste or hazardous waste management specialist in writing within 2 days.

NR 503.10(4)(n) (n) The owner or operator of a landfill shall maintain a written operating record at the landfill during the operating life and 40 year long term care period of the landfill. The department may approve an alternate location for maintaining the record. The record shall contain information on all landfill locational criteria restrictions, inspection records, training procedures, notification procedures, plan approvals, closure and post closure plans and financial responsibility, and all demonstrations, certifications, findings, monitoring, testing, and analytical data required under chs. NR 500 to 538. Tonnage information shall be submitted to the department in accordance with s. NR 520.14. Load inspection records shall be maintained for a minimum of 3 years. The operating record shall be made available to the department upon request.

NR 503.10(4)(o) (o) The department may deny, suspend or revoke the approval of a landfill for failure to pay fees required under ch. 289, Stats., or for grievous and continuous failure to comply with the approved plan of operation or to comply with any requirement of chs. NR 500 to 538. Any failure to comply with any requirement or condition on 5 or more days within any 30 successive calendar days and which consists of action or inaction which may cause pollution as defined in s. 281.01 (10), Stats., or which may otherwise create nuisance conditions, is a grievous and continuous failure to comply with the requirement or condition.

NR 503.10(5) (5) Construction requirements. A report documenting all aspects of construction shall be prepared for the initial construction of the landfill; the construction of all subsequent phases or portions thereof; the construction of any storm water, groundwater, leachate or gas control structures; the implementation of remedial actions; and the closure of each major disposal area. Approval of a report which documents the construction of any portion of the base of a landfill shall be obtained from the department prior to initiating disposal operations in the newly established area, unless the department does not respond within 60 days after receiving a complete submittal, along with the appropriate review and construction inspection fees specified in ch. NR 520. Construction and closure of all landfills shall comply with the following:

NR 503.10(5)(a) (a) A registered professional engineer or qualified technician who is directly supervised by a professional engineer shall be continuously on-site throughout the construction and performing quality assurance duties relating to the following: placement and testing of the clay component of the liner and cover systems, manhole and tank installation, and burying piping prior to covering. The department may require that a registered professional engineer be present during other critical construction activities.

NR 503.10(5)(b) (b) Substitution of personnel under par. (a) shall only occur due to substandard performance, vacations or uncontrollable circumstances such as injury, illness, employee termination or resignation. Where justified by the size of the construction project, multiple registered professional engineers or qualified technicians may be deployed concurrently.

NR 503.10(5)(c) (c) A certification section shall be included as the first section of any construction documentation report prepared for the construction or closure of a portion of a landfill and shall include the following:

NR 503.10(5)(c)1. 1. The signed certification statement contained in s. NR 500.05 (4) as well as the seal of all registered professional engineers who either performed quality assurance work on the project or supervised qualified technicians who did so.

NR 503.10(5)(c)2. 2. A table clearly identifying each registered professional engineer and qualified technician who performed quality assurance during the construction; which aspects of construction each person provided on site quality assurance for; the number of days each was present at the landfill; and the total hours each spent at the site. The table shall also clearly identify the registered professional engineer supervising each qualified technician.

NR 503.10(5)(c)3. 3. A second table identifying who prepared each portion of the construction documentation report including both narrative and plan sheets.

NR 503.10(5)(c)4. 4. Separate signed statements by the professional engineers identified in subd. 2. certifying to the best of their knowledge, information and belief that the construction, of each item identified as follows, was accomplished in conformance with the approved plans and all applicable solid waste administrative code requirements. All observed deviations shall be explicitly noted and discussed including any changes in materials. This certification may not be construed to be either an implied or express guarantee or warranty regarding the performance of the construction documented in this report. No further qualifications to the certification statement may be made and each statement shall also clearly identify the personal observations, knowledge or other information on which the certification is based. The certification shall include the following items:

NR 503.10(5)(c)4.a. a. The clay component of a liner or cap. The statement shall specifically address the quality of clay material used and the methods utilized in its placement; connections with previously placed clay layers; preparation of leachate collection trenches, sumps, gas header trenches and any pipe penetrations through the clay liner; and placement of soil materials over the clay liner or clay capping layer.

NR 503.10(5)(c)4.b. b. Elements of the construction relating to leachate or storm water routing, collection, storage and transportation as well as gas extraction systems. The statement shall include but not be limited to: construction of leachate collection and transfer lines, side slope risers for leachate pumping, all liner penetrations, collection tanks, manholes, lift stations, lysimeters, gas extraction system construction and leachate headwells.

NR 503.10(5)(d) (d) The department may, under s. 289.91, Stats., inspect construction projects for the purpose of determining compliance with ch. 289, Stats., and chs. NR 500 to 538. The department’s district and central office staff shall be notified, by telefax, telephone or letter, at least one week prior to beginning each of the construction events specified by the department. A fee shall be paid to the department for each required inspection in accordance with s. NR 520.04 (5). The inspection fees shall be paid at the time the construction documentation review fee is submitted to the department.

NR 503.10(5)(e) (e) Reports documenting the construction of all new landfill areas shall contain a set of 24 inch by 36 inch engineering plan sheets, or alternative size if approved by the department in writing, prepared in accordance with s. NR 500.05 and containing:

NR 503.10(5)(e)1. 1. A plan view documenting the constructed grades for the sub-base, sidewalls, leachate collection trench undercuts and all sub-base appurtenances such as lysimeters and drain pipes, prior to liner placement. Documentation of the grades shall consist of spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench undercut elevations at least every 25 linear feet. If a total station or laser equipment is used to set elevations, the elevations may be taken every 50 linear feet. The approved sub-base grades shall also be shown for the same area in a clear and legible manner.

NR 503.10(5)(e)2. 2. Plan view drawings showing the locations of all the various soil testing performed. Each test location shall be clearly labeled with appropriate identification codes. The plan view drawings shall clearly show any areas where removal and recompaction of clay was necessary in order to attain the minimum required specifications. Multiple plan views may be shown on a single plan sheet if legibility is not compromised.