Chapter NR 503

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.

NR 503.10(5)(e)3. 3. A plan sheet documenting the constructed elevations for the liner system. This plan sheet shall contain spot elevations of the base, sidewalls and leachate collection trenches. Documentation of grades shall include spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench elevations taken 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 base grades shall be shown for the same area in a clear and legible manner.

NR 503.10(5)(e)4. 4. A plan view drawing showing the constructed base grades as well as the locations and elevations of all leachate collection and transfer piping, manholes, lift stations, culverts, berms and the location of all unsaturated zone, groundwater, gas, leachate monitoring and cleanout devices, surface drainage features and other pertinent structures. This information may be shown on the plan sheet required in subd. 3. if legibility is not compromised.

NR 503.10(5)(e)5. 5. A minimum of 4 cross-sections through the constructed area parallel and perpendicular to the base line of the landfill, 2 of which shall be in each direction. Additional cross-sections shall be prepared as necessary to add clarification. Each of the cross-sections shall show actual and design sub-base and base grade contours, the top of the granular drainage blanket, leachate pipe elevations and the actual base and sub-base contours of adjacent filled areas. The design sub-base and base grade contours do not need to be shown if there is not an observable variation from the design grades.

NR 503.10(5)(e)6. 6. Detail drawings, both plan view and cross-sections, of all manholes, lift stations, storage tanks, sumps and sideslope risers or locations where leachate transfer piping exits the lined area and the secondary containment of these features as well as leak detection monitoring points and other pertinent construction details. At a minimum, these drawings shall show base and top elevations, the invert elevations of all associated piping, pump details, float level elevations and the extent of recompacted clay placed around and below the structures. If float elevations are not available at the time of submittal of the construction documentation report, they shall be provided to the department when they are available.

NR 503.10(5)(e)7. 7. Cross section details shall be included to illustrate all important construction features of the liner, lysimeters, leachate collection trenches and sumps, and sediment control and storm water management systems.

NR 503.10(5)(e)8. 8. Detail drawings shall be included for leachate header lines or drain lines located outside the limits of waste in critical areas of below-ground piping such as where several pipes cross or meet, to illustrate sufficient pipe location and invert information.

NR 503.10(5)(e)9. 9. Additional plan sheets, patterned after those specified in subds. 1. to 8., shall be included for those landfills designed with multiple liners, groundwater gradient control systems or other nonstandard design features.

NR 503.10(5)(f) (f) The report shall contain a detailed narrative describing the construction of the area in a logical fashion. Particular emphasis shall be given to any deviations from the approved plan of operation and to the explicit construction methods used for all locations where leachate transfer piping exits the lined waste fill area. This report shall include the following information at a minimum:

NR 503.10(5)(f)1. 1. An analysis and discussion of all soil testing work performed. All density and moisture content testing results shall clearly indicate which Proctor curve is applicable to the soil being compacted. Any changes in the referenced Proctor curve shall be identified as to when they occurred and why the change was made. All raw data from the soil testing performed shall be included in an appendix to the construction documentation report unless other arrangements were previously approved by the department. The raw data shall be summarized using a tabulated format.

NR 503.10(5)(f)2. 2. A table containing thicknesses of each layer in the liner system on a 100-foot grid pattern.

NR 503.10(5)(f)3. 3. Documentation of the initial leachate collection pipe cleanout and pressure testing of force mains and leachate storage tanks. All provisions used to seal pipe connections, manhole sections and leachate storage tanks including protective coatings and corrosion protection shall be described. The manufacturer’s recommendations for the installation of all equipment shall be included. Any deviations from the recommendations shall be discussed.

NR 503.10(5)(f)4. 4. A series of properly labeled 35 millimeter color photographs documenting all major aspects of landfill construction. This shall include close-up photographs of the construction process including clay liner placement, leachate pipe placement including all places where transfer piping exits the lined waste fill area or sideslope riser installation, drainage blanket placement and the installation of all manholes, sumps, sideslope risers, lift stations and storage tanks. Panoramic views shall be included showing the prepared sub-base and the completed liner before and after granular blanket placement.

NR 503.10(5)(g) (g) All construction documentation reports for the closure of landfill areas shall contain a set of 24 inch by 36 inch engineering plan sheets, unless an alternative size is approved by the department in writing, prepared in accordance with s. NR 500.05 and shall include:

NR 503.10(5)(g)1. 1. A plan sheet documenting the final waste grades, including daily or intermediate cover. Documentation of grades shall include spot elevations taken on a maximum 100-foot grid after grading has been performed to establish uniform slopes. For areas less than 4 acres, a 50-foot grid shall be used.

NR 503.10(5)(g)2. 2. A plan view drawing for each one-foot thickness of clay placed showing the locations of the various soil testing performed at each test location. Multiple plan views may be presented on a single engineering plan sheet if legibility is not compromised.

NR 503.10(5)(g)3. 3. A plan sheet documenting the final landfill surface following topsoil placement. Documentation of grades shall include spot elevations taken on a maximum 100-foot grid. The approved final grades shall also be shown in a clear and legible manner. This plan sheet shall also show the locations of all manholes, lift stations, risers, head wells, gas venting systems, surface settlement monitoring points, storm water management and sediment control structures, environmental monitoring points and other appurtenances. For areas less than 4 acres, a 50-foot grid shall be used.

NR 503.10(5)(g)4. 4. A minimum of 4 cross-sections through the closed area which are constructed parallel and perpendicular to the base line of the landfill, 2 of which shall be in each direction. Each of the cross-sections shall show all surficial and subsurface features encountered including gas vents, leachate lines, and other landfill structures and shall be tied into the grades of adjacent previously filled areas. At a minimum, each cross section shall show sub-base grades, base grades, final waste grades and final topsoil grades.

NR 503.10(5)(g)5. 5. Detail drawings, plan view and cross-section of the gas venting system, manholes, lift stations and collection tanks.

NR 503.10(5)(g)6. 6. Cross section details shall be included to illustrate all important construction features of the final cover, including sediment control and storm water management structures.

NR 503.10(5)(h) (h) The report shall contain a detailed narrative describing the closure of the area in a logical fashion. Particular emphasis shall be placed on any deviations from the approved plans. This report shall also include the following information at a minimum:

NR 503.10(5)(h)1. 1. An analysis and discussion of all soil testing work performed. All density and moisture content testing results shall clearly indicate which Proctor curve or line of optimums is applicable to the soil being compacted. Any changes in the referenced Proctor curve or line of optimums shall be identified as to when they occurred and why the change was made. All raw data from the soil testing performed shall be included in an appendix to the closure documentation report unless previously approved by the department. The raw data shall be summarized using a tabulated format. Also included shall be the make, model, weight and foot length of each piece of equipment used to compact clay.

NR 503.10(5)(h)2. 2. When the auger method is used to determine soil layer thickness, a discussion of how the auger boreholes were backfilled and the materials used.

NR 503.10(5)(h)3. 3. A table containing thicknesses of each layer in the cover system on a 100-foot grid pattern. When determining soil thickness by using surveying information, the table shall contain elevations before and after soil layer placement on the 100-foot grid. For areas less than 4 acres, a 50-foot grid shall be used. As an alternative to the survey method, soil thickness shall be controlled using settlement plates and grade stakes, and clay thickness shall be established on a 100-foot grid using auger borings. Boreholes shall be backfilled with a soil-bentonite mix such that the in-place permeability of the backfilled material is equal to or less than the surrounding clay cap.

NR 503.10(5)(h)4. 4. The rates and types of fertilizer, seed and mulch applied. Liming requirements shall also be included along with the actual rate of application.

NR 503.10(5)(h)5. 5. A series of properly labeled 35 millimeter color photographs which document all major aspects of landfill closure. This shall include panoramic views of the closed area as well as close-up photos of the construction process and completed engineering structures such as gas vents, cleanout ports, manholes and other pertinent structures.

NR 503.10(5)(i) (i) Testing shall be performed during the construction and closure of all landfill areas. At a minimum, this testing shall include:

NR 503.10(5)(i)1. 1. For all recompacted clay soil construction the following tests shall be performed:

NR 503.10(5)(i)1.a. a. Dry density and as-placed moisture content shall be determined on an approximate 100-foot grid pattern for each one-foot thickness of clay placed. The grid pattern shall be offset on each subsequent layer of tests. A minimum of 2 dry density and moisture content tests for each one-foot thickness of clay placed shall be performed to fully define the degree of soil compaction obtained in confined areas where equipment movement is hindered or hand compaction is necessary.

NR 503.10(5)(i)1.b. b. One moisture-density curve shall be developed for every 5,000 cubic yards or less of clay placed and for each major soil type utilized. At least 5 points shall be established on each curve. If a line of optimums analysis is performed, at least 2 curves shall be included for each analysis. A representative sample for every 5,000 cubic yards or less of clay placed shall be analyzed for grain size distribution through the .002 millimeter particle size and for Atterberg limits. If apparent changes in soil quality are observed during clay placement, a one-point Proctor analysis shall be utilized to verify the applicability of previously analyzed moisture-density curves.

NR 503.10(5)(i)1.c. c. A minimum of one undisturbed sample for each acre or less for every one-foot thickness of clay placement shall be retrieved and analyzed for Atterberg limits, grain size distribution through the .002 millimeter particle size, moisture content and dry density. Laboratory hydraulic conductivity tests using effective stresses less than or equal to 5 psi and hydraulic gradients less than or equal to 30 shall be performed on every third undisturbed sample. The department may require that a portion of the hydraulic conductivity testing for liner documentation be performed using leachate.

NR 503.10(5)(i)2. 2. During placement of the leachate drainage blanket over the liner or the granular drain layer in the final cover, the following testing shall be performed:

NR 503.10(5)(i)2.a. a. If sand is used, one grain size distribution to the #200 sieve for each 1,000 cubic yards of material placed. For lesser volumes, a minimum of 4 samples shall be tested. The department may allow a reduction in the testing frequency if a uniform gravel material is used. If washed stone or gravel is used, one grain size distribution to the #200 sieve for each 5,000 cubic yards of material placed. For lesser volumes, a minimum of 2 samples shall be tested.

NR 503.10(5)(i)2.b. b. One remolded laboratory hydraulic conductivity test for each 2,500 cubic yards of material placed. The samples shall be tested at the anticipated field density. The moisture content and density of each sample shall be recorded. The department may require that a portion of the hydraulic conductivity tests be performed using leachate. For lesser volumes, a minimum of 2 samples shall be tested. The department may allow a reduction in testing frequency if a uniform gravel material is used. No hydraulic conductivity tests are required if washed stone or gravel is used.

NR 503.10(5)(i)2.c. c. The department may require that chemical durability testing of the material when exposed to leachate be performed.

NR 503.10(5)(i)3. 3. During placement of all leachate or groundwater collection pipe bedding material, the following tests shall be performed:

NR 503.10(5)(i)3.a. a. One grain size distribution to the #200 sieve for each 1,000 linear feet of trench. For construction projects with combined trench lengths of less than 3,000 feet, a minimum of 3 grain size analyses shall be conducted. Bedding for solid wall piping associated with transfer of leachate shall be tested at the same frequency but only to the #4 sieve.

NR 503.10(5)(i)3.b. b. One grain size distribution to the #200 sieve for each 500 cubic yards of drainage material placed in collection sumps.

NR 503.10(5)(i)3.c. c. Chemical durability testing of the material when exposed to leachate and laboratory hydraulic conductivity testing be performed if required by the department.

NR 503.10(5)(i)4. 4. During construction of the final cover system, the following tests shall be performed:

NR 503.10(5)(i)4.a. a. One grain size distribution to the #200 sieve for each 1000 cubic yards of gravel used for pipe bedding and drain outlets for the drain layer and toe drain.

NR 503.10(5)(i)4.b. b. Testing of samples of geotextiles, geocomposite drains or other geosynthetic materials used in construction of the final cover system if required by the department.

NR 503.10(6) (6) financial responsibility for closure and long-term care. The owner of a landfill approved in accordance with this section shall establish proof of financial responsibility for closure and long-term care of the landfill using methods listed in s. NR 520.06.

NR 503.10(6)(a) (a) The owner of a landfill approved 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 503.10(6)(b) (b) The owner of a landfill approved 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 report.

NR 503.10(6)(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 503.10(7) (7) environmental monitoring. The owner of a landfill regulated under this section shall establish an environmental monitoring program which, at a minimum, includes the requirements of this subsection. The department may require installation of additional monitoring devices, additions to the groundwater and leachate sampling and analysis programs, gas monitoring and provisions to protect against the detrimental effects of leachate and gas migration.

NR 503.10(7)(a) (a) Baseline water quality shall be established at all monitoring wells for all the parameters listed in Table 3.

NR 503.10(7)(b) (b) A minimum of 4 samples, with at least 30 days between sampling rounds, shall be collected and analyzed for all parameters in Table 3 except VOCs and the results shall be submitted with the proposal for constructing the landfill. Four additional samples, with at least 30 days between sampling rounds, shall be collected and analyzed for any parameter listed in Table 3 which attained or exceeded the preventive action limit established in Table 1 of ch. NR 140 during 2 or more of the first 4 rounds or attained or exceeded the enforcement standard established in Table 1 of ch. NR 140 during one or more of the first 4 rounds.

NR 503.10(7)(bg) (bg) Baseline groundwater quality for VOCs shall be established for all VOCs listed in ch. NR 507 Appendix III, at all monitoring wells outside the proposed limits of filling.

NR 503.10(7)(br) (br) Samples shall be collected for VOC analysis from each well at the same time as the first and second sampling rounds are collected to establish baseline for the other Table 3 parameters. If any well has VOC parameters in concentrations above the limit of detection in either of the first 2 sampling rounds, that well shall be sampled for VOCs 2 additional times for a total of 4 sampling rounds. The results shall be submitted with the proposal for constructing the landfill and in accordance with s. NR 507.26 (3).

NR 503.10(7)(c) (c) If additional samples are required under par. (b) or (br) the results of the 4 additional samples shall be submitted in the construction documentation report for the landfill.

NR 503.10(7)(d) (d) Collection, handling and analysis of samples shall be performed in accordance with ss. NR 507.16 and 507.17.

NR 503.10(7)(e) (e) A detection groundwater monitoring program shall be established at each monitoring well beginning with the first sampling period following acceptance of waste. Each well shall be sampled semi-annually for the parameters listed in column 1 of Table 3 unless otherwise approved in writing by the department.

Table 3
Groundwater Sampling for Intermediate Size
Construction & Demolition Waste Landfills

NR 503.10(7)(f) (f) A leachate monitoring program shall be established beginning with the first sampling period following acceptance of waste in accordance with Table 4 or as approved by the department in writing.

NR 503.10(7)(g) (g) A minimum of one leachate point shall be sampled for the parameters in Table 4 according to the frequency indicated in Table 4 unless otherwise approved by the department. Leachate volume pumped shall be recorded monthly. The parameters listed in column 2 in Table 4 shall be sampled semi-annually for 2 years beginning with the first sampling period following acceptance of waste. The parameters listed in column 3 in Table 4 shall be sampled annually following the first 2 years of sampling.

Table 4
Leachate Sampling for Intermediate Size Construction
& Demolition Waste Landfills

NR 503.10(8) (8) expansions.

NR 503.10(8)(a) (a) Any person who wishes to expand an existing intermediate 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. In no case may the combined design capacity of the landfill and all subsequent expansions exceed 250,000 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 503.10(8)(b) (b) Any person who wishes to expand a small size construction and demolition waste landfill which was in existence prior to July 1, 1996, into an intermediate size construction and demolition waste landfill shall comply with all provisions of this section. In no case may the combined design capacity of the existing landfill and the subsequent expansion exceed 250,000 cubic yards. If the existing small size construction and demolition waste landfill is not designed with a clay liner, a separation distance of at least 100 feet shall be maintained between the existing landfill and the proposed expansion. A small size construction and demolition landfill which was not in existence before July 1, 1996, may not be expanded into an intermediate size construction and demolition waste landfill.

NR 503.10(9) (9) inspection fees.

NR 503.10(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 10 inspections per major phase of construction may be required.

NR 503.10(9)(b) (b) The owner or operator of an intermediate size construction and demolition waste landfill 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.

NR 503.10 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; am. (3) (d) 19. and (7) (g) Table 4, Register, August, 1997, No. 500, eff. 9-1-97; am. (4) (n), (o) and (5) (d), Register, December, 1997, No. 504, eff. 1-1-98; correction in (5) (d) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 05-020: am. (2) (c) (intro.), (d) 4. b., (3) (e) 5. and 6., (4) (b) (intro.),(d), (h), (j) 6., (7) (b), (c) and (e), cr. (7) (bg) and (br) Register January 2006 No. 601, eff. 2-1-06; correction in (4) (a) 10. made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601.