Chapter NR 506

NR 506.13   Free liquids wastes.

NR 506.135   Leachate recirculation.

NR 506.14   Non-free liquid solid wastes.

NR 506.15   Management of residue produced by burning municipal solid waste.

NR 506.155   Very small quantities of hazardous waste.

NR 506.16   Procedures for excluding the receipt of waste not specifically approved for acceptance at the landfill.

NR 506.17   Record keeping.

NR 506.18   Enforcement.

NR 506.19   Landfill compliance certifications and audits.

NR 506.20   Inspection and reporting requirements for a CCR landfill.

Ch. NR 506 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 506.01 NR 506.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in Wisconsin and to outline the requirements regarding operational criteria for solid waste landfills and surface impoundments. This chapter is adopted under ch. 289, Stats., and s. 227.11, Stats.

NR 506.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 506.02 NR 506.02 Applicability.

NR 506.02(1) (1) 

NR 506.02(1)(a) (a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all solid waste disposal facilities as defined under s. 289.01 (35), Stats., including all CCR landfills and expansions.

NR 506.02(1)(b) (b) This chapter does not govern any of the following:

NR 506.02(1)(b)1. 1. Hazardous waste facilities as defined under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679.

NR 506.02(1)(b)2. 2. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.

NR 506.02(1)(b)3. 3. Metallic mining operations for ferrous minerals as defined under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.

NR 506.02(2) (2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.

NR 506.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1992, No. 437; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 3. and am., cr. (1) (b) Register July 2022 No. 799, eff. 8-1-22.

NR 506.03 NR 506.03 Definitions. The terms in this chapter are defined in s. NR 500.03.

NR 506.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 506.04 NR 506.04 Open burning. The department may approve burning of brush, grubbed material and other similar material in accordance with air management, solid waste management and all other applicable regulations.

NR 506.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.05 NR 506.05 Daily cover requirements.

NR 506.05(1) (1) Municipal solid waste. All solid waste disposed in a municipal solid waste landfill shall be compacted and completely covered at the end of each operating day with a compacted layer of at least 6 inches of soil. Alternate daily cover materials may be approved or mandated by the department as required in s. NR 506.055. If clay soil is used for daily cover purposes, it shall be scarified or removed prior to placement of the next lift of solid waste.

NR 506.05(2) (2) Industrial and commercial waste. Unless otherwise specified by the department, high volume industrial waste is not subject to daily cover requirements, unless disposed of in a municipal solid waste landfill. All other industrial waste and commercial waste shall be compacted and 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. The department may grant an exemption in writing for less frequent covering. In granting such exemptions, the department shall consider the characteristics of the solid waste, the leaching potential of the solid waste and the potential for nuisance conditions if other than daily covering is utilized.

NR 506.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr. (1), am. (2), Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.055 NR 506.055 Alternate daily cover.

NR 506.055(1) (1) Facilities seeking approval. An owner or operator of a solid waste landfill seeking approval from the department to use an alternate daily cover material shall submit the following information:

NR 506.055(1)(a) (a) Type of material to be used, including its chemical and physical properties as required in s. NR 506.09. A discussion of the material’s successful use at other solid waste landfills in controlling vectors, windblown material and odors may be required.

NR 506.055(1)(b) (b) Method and rate of application.

NR 506.055(1)(c) (c) Conditions when alternate daily cover cannot be used, including but not limited to weather conditions, equipment breakdown, ability to obtain a sufficient quantity of alternate daily cover, maximum time alternate daily cover can be exposed, and a discussion of back-up cover materials for use when alternate cover cannot be used.

NR 506.055(1)(d) (d) Discussion of how the alternate cover material will be stored on-site prior to its use, including measures to be taken to prevent transportation of contaminants to groundwater and surface water, and prevention of windblown nuisances.

NR 506.055(2) (2) Mandated use of alternate daily cover. Upon request from a person operating a foundry or a scrap dealer in the state of Wisconsin, the department shall require that a person operating a municipal solid waste landfill accept and use the requested foundry sand or shredder fluff for cover at part or all of the landfill for the period specified in the request if all of the following conditions are met:

NR 506.055(2)(a) (a) The foundry operator or scrap dealer agrees to transport the foundry sand or shredder fluff to the landfill either daily or on another schedule acceptable to the municipal solid waste landfill operator.

NR 506.055(2)(b) (b) The department approves the use of the foundry sand or shredder fluff for cover at the landfill.

NR 506.055(2)(c) (c) The landfill operator is not contractually bound to obtain cover from another source.

NR 506.055(2)(d) (d) The amount of cover to be provided by the requesting foundry operator or scrap dealer does not exceed the amount of cover required under the plan of operation for the landfill less any cover provided by another foundry operator or scrap dealer.

NR 506.055(3) (3) General approval for the use of alternate daily cover. The department may issue general approvals for use of specific alternate daily cover materials which have been demonstrated to control disease vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health and the environment.

NR 506.055 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.06 NR 506.06 Intermediate cover. Unless otherwise approved by the department in writing, any portion of a landfill which has been used for solid waste disposal but will not receive additional solid waste for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. 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. This section does not apply to high volume industrial waste nor does it apply to wood residue approved as a construction material or to provide protection of the liner from frost under s. NR 506.07 (3) (b), unless specifically required by the department.

NR 506.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.07 NR 506.07 Operational requirements for landfills. No person may operate or maintain a new or existing landfill except in conformance with any approved plan of operation and the following minimum requirements:

NR 506.07(1) (1) General.

NR 506.07(1)(a) (a) Daily disposal of solid waste shall be confined to as small an area as practical.

NR 506.07(1)(b) (b) Provisions shall be made to confine windblown material within the active disposal area.

NR 506.07(1)(c) (c) 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 section 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 506.07(1)(d) (d) Putrescible materials such as spoiled foods and animal carcasses shall be immediately compacted and covered.

NR 506.07(1)(e) (e) Access to the landfill shall be restricted through the use of fencing, natural barriers or other methods approved in writing by the department.

NR 506.07(1)(f) (f) Effective means shall be taken to limit access to the active disposal area to minimize exposure of the public to hazards.

NR 506.07(1)(g) (g) Effective means shall be taken to control birds, flies, rodents, deer and other animals.

NR 506.07(1)(h) (h) Equipment shall be provided to control accidental fires and arrangements shall be made with the local fire protection agency to acquire its services when needed.

NR 506.07(1)(i) (i) As required in s. NR 524.05, a trained operator or certified facility manager shall be present at the landfill during all hours of operation, and a list of names of trained operators and certified facility managers shall be maintained at the landfill.

NR 506.07(1)(j) (j) A gate shall be provided at the entrance to the operation and it shall be kept locked when an attendant is not on duty.

NR 506.07(1)(k) (k) The gate area shall be policed at the beginning of each day of operation to remove any solid waste which has been indiscriminately dumped during periods when the landfill was closed.

NR 506.07(1)(L) (L) A sign, acceptable to the department, shall be posted at the entrance of any landfill operated for public use which indicates the landfill name, license number, the hours of operation, waste types accepted, penalty for unauthorized use, necessary safety precautions and any other pertinent information.

NR 506.07(1)(m) (m) 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 506.07(1)(n) (n) Fugitive dust shall be controlled in accordance with s. NR 415.04 from all areas of the landfill.

NR 506.07(1)(o) (o) Scavenging within the active disposal area is prohibited.

NR 506.07(1)(p) (p) Provisions shall be made for back-up equipment in the event of operating equipment breakdown.

NR 506.07(1)(q) (q) A minimum separation distance of 20 feet shall be maintained between the limits of filling and adjacent property or the perimeter of the licensed acreage, whichever is closer at nonapproved facilities as defined in s. 289.01 (24), Stats. At all other facilities, a minimum separation distance of 100 feet shall be maintained between the limits of solid waste filling and the property boundary or the perimeter of the licensed acreage, whichever is closer. 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 506.07(1)(r) (r) 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 506.07(1)(s) (s) All access roads to the active area of the operation shall be of all-weather construction and shall be maintained in good condition.

NR 506.07(1)(t) (t) All access roads for the use of solid waste hauling trucks shall be constructed with a maximum grade no greater than 10%. The intersection of the access road with an existing highway shall be constructed to provide sufficient sight distance and minimize interference with traffic on existing highways.

NR 506.07(2) (2) Sedimentation and erosion control.

NR 506.07(2)(a) (a) All areas of the landfill property, including areas of temporary disturbance, with the potential for off-site migration of sediment shall be designed, constructed and maintained in accordance with the applicable requirements of s. NR 504.09 (1), and technical standards developed under subch. V of ch. NR 151, which include the following:

NR 506.07(2)(a)1. 1. Storm water shall be diverted away from the working area and areas already filled with solid waste.

NR 506.07(2)(a)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 506.07(2)(a)3. 3. The size and duration of disturbances shall be minimized, to the extent practicable, to minimize off-site sediment migration.

NR 506.07(2)(a)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 sediments offsite.

NR 506.07(2)(a)5. 5. Runoff channels shall be protected to prevent scour and erosion that generates sediment.

NR 506.07 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/construction/erosion_control.html#7 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 506.07(2)(b) (b) Storm water drainage ditches, structures and sedimentation basins shall be cleaned and maintained such 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 facilities.

NR 506.07(2)(c) (c) All areas of the landfill which will 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, it’s compatibility with native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and applications rates shall be in accordance with section 630, Wisconsin department of transportation standard specifications for road and bridge construction.

NR 506.07 Note Note: Copies of Wisconsin department of transportation standard specifications for road and bridge construction can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster street, Madison, Wisconsin 53707. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.07(3) (3) Waste placement.

NR 506.07(3)(a) (a) Disposal of solid waste shall begin at the edge of each phase. Waste shall be pushed out over the granular blanket. Vehicles may not be driven directly on the granular blanket. Alternative operating procedures may be approved by the department if the consistency of the solid waste prevents vehicular access over a filled area.

NR 506.07(3)(b) (b) 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 portion of the liner was constructed. After this date, solid waste may not be placed on any portion of the base 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 base 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 density and effects from freeze-thaw as specified by the department and shall be repaired and recertified during the next construction season if required, prior to waste placement. The requirements of this paragraph may be waived by the department.

NR 506.07(3)(c) (c) To provide for maximum compaction after the initial 4-foot lift of waste is placed, each single layer of municipal solid waste shall be spread and compacted in 2-foot layers.

NR 506.07(4) (4) Gas control. Effective means shall be utilized to prevent the migration of explosive gases generated by the waste fill. At no time shall the concentration of explosive gases in any landfill structure, excluding the leachate collection system or gas control and recovery system components exceed 25% of the lower explosive limit for such gases. At no time shall the concentration of explosive gases in the soils outside of the limits of filling or air within 200 feet of or beyond the landfill property boundary exceed the lower explosive limit for such gases. The department may require the concentration of explosive gases not exceed detectable levels for that gas at the landfill property boundary.

NR 506.07(5) (5) Leachate collection systems.

NR 506.07(5)(a) (a) Leachate shall be removed from all collection tanks, manholes, lift stations, sumps or other structures used for leachate storage as often as necessary to allow for gravity drainage of leachate from the facility at all times or as it is produced, including hours when the landfill is closed, such as overnight and weekends. Unless the facility has received approval from the department to recirculate leachate or gas condensate derived from the landfill as provided in s. NR 506.13 (2), 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 landfill’s approved plan of operation and the requirements of this section.

NR 506.07(5)(b) (b) 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 par. (a) unless otherwise approved by the department in writing.

NR 506.07(5)(c) (c) 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 506.07(5)(d) (d) All leachate collection lines shall be cleaned with water jet cleanout devices initially after placement of the leachate drain layer using pipe cleaning procedures that insert cleanout devices from each access point to, at a minimum, the toe of the opposite sideslope.