Chapter NR 503

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.