Chapter NR 506

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.

NR 506.07(5)(e) (e) A video camera inspection shall be conducted on all leachate collection pipes after the initial pipe cleaning activities required in par. (d) and at 5 year intervals, following the annual pipe cleaning required in par. (c). The video camera inspection shall extend a minimum of 300 feet unto the base grades of each leachate collection line.

NR 506.07(5)(f) (f) All blockages of leachate collection pipes, pipe breaks or any impedances to passage of pipe cleaning equipment shall be investigated, defined and a remediation proposed for review and approval by the department.

NR 506.07(5)(g) (g) A summary report shall be submitted after each pipe cleaning and each video camera inspection event. The report shall summarize any specialty equipment or chemicals used in collection pipe cleaning. The report shall include a description of all observations, including recording tape or disk of the video camera inspection. The report shall summarize the investigation of blockages or other difficulties in cleaning pipes. The report shall propose remediation if the leachate collection pipes are not restored to function and blockages are not cleared.

NR 506.07(5)(h) (h) A summary report shall be submitted after the removal of dams or barriers used to separate clean water in a prepared cell from solid waste and leachate. The report shall document the removal of the separation features and the connection of any separated pipe lengths.

NR 506.07(7) (7) Phased closure. For all landfills that do not have a department-approved plan for phased development and closure, by October 15th of each year, any areas that are at final grades shall be capped, topsoiled and seeded unless otherwise approved by the department.

NR 506.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (c), r. (1) (d), (j), (o), renum. (1) (e) to (u) to be (1) (d) to (h), (j) to (m), (o) to (t), (2) to (6) to be (3) to (7) and am. (1) (e), (g), (k), (L), (m), (q), (r) and (t), (3) to (7), cr. (1) (i), (2), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (q) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-077: cr. (5) (d) to (h) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (2) (a) (intro.), r. (6) Register January 2006 No. 601, eff. 2-1-06.

NR 506.08 NR 506.08 Closure requirements. Any person who maintains or operates a landfill, except a CCR landfill regulated under s. NR 506.083, or who permits use of property for such 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 all of the following minimum practices unless otherwise approved by the department in writing:

NR 506.08(1) (1) Notification procedures.

NR 506.08(1)(a) (a) 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 this date, 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 506.08(1)(b) (b) 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 facilities. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(1)(c) (c) 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 of the date of publication. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(2) (2) General requirements. 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, such access shall be restricted until closure has been completed and approved by the department.

NR 506.08(3) (3) Closure. Closure activities shall begin within 30 days after ceasing to accept solid waste. Closure shall be accomplished in the following manner for facilities without a closure plan or plan of operation approved in writing by the department. Placement of final cover in accordance with s. NR 504.07 may be required if the department determines that this type of final cover system is necessary to prevent or abate attainment or exceedance of the groundwater standards contained in ch. NR 140. Municipal solid waste landfills that accepted greater than 100 tons of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before October 8, 1993 shall have final cover placement completed by July 1, 1996. Municipal solid waste landfills that accepted 100 tons or less of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before April 8, 1994 shall have final cover placement completed by July 1, 1996.

NR 506.08(3)(a) (a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth having a hydraulic conductivity of no more than 1x10-5 cm/sec or if the hydraulic conductivity of the underlying soils or any base liner system is less than 1x10-5 cm/sec, then the 2 feet of compacted earth shall have a hydraulic conductivity that is equal to or less than the underlying soils or any base liner system. The final grades shall be sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. The department may require the cover layer to be more than 2 feet thick.

NR 506.08(3)(b) (b) Storm water run-on shall be diverted around all areas used for solid waste disposal to limit the potential for erosion of the cover soils and increased infiltration. Drainage swales conveying storm water runoff over previous solid waste disposal areas shall be lined with a minimum thickness of 2 feet of clay.

NR 506.08(3)(c) (c) The final slopes of the landfill shall be greater than 5%, but may not exceed 4 horizontal to one vertical unless otherwise approved by the department.

NR 506.08(3)(d) (d) The finished surface of the disposal area shall be covered with a minimum of 6 inches of topsoil.

NR 506.08(4) (4) Establishment of vegetation. Within 180 days after ceasing to accept solid waste, or if solid waste termination is 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 in accordance with section 630, Wisconsin department of transportation standard specifications for highway and structure construction.

NR 506.08 Note Note: The Wisconsin department of transportation standard specifications for highway and structure construction is 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 506.08(5) (5) Deed notation. Following closure of a landfill phase which accepted municipal solid waste after July 1, 1996, the owner or operator shall, within 90 days after closure, record a notation on the deed to the landfill property. The notation in the deed shall in perpetuity notify any potential purchaser of the property that the land has been used as a landfill and its use is restricted to prevent disturbing the integrity of the final cover, liner or any other components of the containment system or the function of the monitoring systems.

NR 506.08(6) (6) Hazardous air contaminant control. All landfills which have a design capacity of greater than 500,000 cubic yards and have accepted municipal solid waste shall install a department approved system to efficiently collect and combust hazardous air contaminants emitted by the landfill within 18 months of February 1, 1988 unless the owner can demonstrate that the performance criteria of s. NR 504.04 (4) (f) can be achieved without implementing such a system. Control techniques other than combustion may be approved by the department.

NR 506.08 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (b), (2), (3) (intro.), (a) to (c), (4), (6), r. and recr. (5), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (4) Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 506.083 NR 506.083 Closure requirements for CCR landfills. Closure of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:

NR 506.083(1) (1) Notification procedures.

NR 506.083(1)(a) (a) No later than the date the owner or operator initiates closure of a CCR landfill under sub. (2), the owner or operator shall notify the department in writing of the intent to close the landfill and place a copy of the notification in the facility’s operating record.

NR 506.083(1)(b) (b) Within 30 days following completion of closure of a CCR landfill under sub. (3), the owner or operator shall prepare and submit a notification of closure to the department and place a copy in the facility’s operating record. The notification shall include the certification required under s. NR 516.04 (3) (d).

NR 506.083(2) (2) Initiation of closure activities.

NR 506.083(2)(a) (a) The owner or operator shall commence closure of the CCR landfill no later than 30 days after either of the following occur:

NR 506.083(2)(a)1. 1. The date of final receipt of CCR waste and any non-CCR waste stream.

NR 506.083(2)(a)2. 2. Final removal of CCR from the CCR landfill for the purpose of beneficial use of CCR.

NR 506.083(2)(b) (b) The owner or operator may delay commencing closure up to 2 years from the last receipt of waste or the last removal of CCR material for the purpose of beneficial use upon written approval by the department if the owner or operator demonstrates that there is a reasonable likelihood that the CCR landfill will accept wastes in the foreseeable future or will remove CCR from the landfill for the purpose of beneficial use. The delay shall be requested in writing to the department as a modification to the written closure plan required under s. NR 514.07 (10) (c) and include documentation that the CCR landfill will continue to accept wastes or will start removing CCR for the purpose of beneficial use. The request shall include all of the following:

NR 506.083(2)(b)1. 1. Information documenting that the CCR landfill has remaining storage or disposal capacity or that the CCR landfill may have CCR removed for the purpose of beneficial use.

NR 506.083(2)(b)2. 2. Information demonstrating that there is a reasonable likelihood that the CCR landfill will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR may be removed for the purpose of beneficial use. Any portion of the landfill that will not receive additional CCR or have CCR removed for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. The narrative shall include a best estimate as to when the CCR landfill will resume receiving CCR or non-CCR waste streams.

NR 506.083(2)(b)3. 3. The following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

NR 506.083(2)(c) (c) Prior to the end of a 2-year delay for commencing closure, the owner or operator may request a subsequent 2-year delay under par. (b).

NR 506.083(2)(d) (d) For purposes of this section, closure of the CCR landfill has commenced once the owner or operator has ceased placing waste and undertakes any of the following actions or activities:

NR 506.083(2)(d)1. 1. Takes any steps necessary to implement the approved closure plan.

NR 506.083(2)(d)2. 2. Applies to the department or another agency for a permit or modification related to closure.

NR 506.083(2)(d)3. 3. Takes any steps necessary to comply with any department or other agency requirements that are a prerequisite, or are otherwise applicable, to initiating or completing the closure of a CCR landfill.

NR 506.083(3) (3) Completion of closure activities.

NR 506.083(3)(a) (a) The owner or operator shall complete closure of the CCR landfill within 6 months of commencing closure activities.

NR 506.083(3)(b) (b) The timeframe for completing closure of a CCR landfill may be extended for a one-year period upon written department approval if the owner or operator demonstrates that it was not feasible to complete closure of the CCR landfill within the required timeframe due to factors beyond the owner or operator’s control. No more than a total of 2 one-year extensions may be obtained for any CCR landfill. An owner or operator shall request the time extensions to the department in writing as modifications to the approved closure plan and include a narrative discussion providing the basis for additional time. The time extension request shall include the following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

NR 506.083(4) (4) Deed notation.

NR 506.083(4)(a) (a) Following closure of a CCR landfill, the owner or operator shall, within 60 days after closure is complete, record an affidavit with the register of deeds to notify any potential purchaser of the property that the land has been used as a landfill and its use is restricted to prevent disturbing the integrity of the final cover, liner, or any other components of the containment system or the function of the monitoring systems.

NR 506.083(4)(b) (b) A copy of the affidavit shall be submitted to the department and placed in the facility’s operating record within 30 days of recordation.

NR 506.083(5) (5) Closure by removal of CCR. An owner or operator may close a CCR landfill by removing and decontaminating all areas affected by releases from the CCR landfill. CCR removal and decontamination of the CCR landfill are complete when constituent concentrations throughout the CCR landfill and any areas affected by releases from the CCR landfill have been removed and groundwater monitoring concentrations do not exceed the groundwater protection standard for constituents listed under s. NR 140.10, Table 1. A landfill closed by removal of CCR and associated remediation is not subject to the deed notation requirement under sub. (4) and long-term care requirements under s. NR 506.084.

NR 506.083(6) (6) Closure performance standards when leaving CCR in place. An owner or operator of a CCR landfill shall ensure that, at a minimum the CCR landfill is closed in a manner that will achieve all of the following performance standards:

NR 506.083(6)(a) (a) Control, minimization or elimination, to the maximum extent feasible, of post-closure infiltration of liquids into the waste and of releases of CCR, leachate, or contaminated run-off to the ground or surface waters or to the atmosphere.

NR 506.083(6)(b) (b) Prevention of the impoundment of water, sediment or slurry.

NR 506.083(6)(c) (c) Slope stability to prevent the sloughing or movement of the final cover system during the closure and long-term care period.

NR 506.083(6)(d) (d) Minimization of the need for long-term maintenance of the CCR landfill.

NR 506.083(6)(e) (e) Complete closure in the shortest amount of time consistent with recognized and generally accepted good engineering practices.

NR 506.083(7) (7) Alternative closure requirements. An owner or operator that is subject to closure for failure to demonstrate compliance with locational criteria under s. NR 514.045 (5) may continue to receive CCR in the CCR landfill provided the owner or operator meets all of the following:

NR 506.083(7)(a) (a) The owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of an alternative disposal capacity both on-site and off-site of the facility. The owner or operator of the CCR landfill shall document that all of the following conditions have been met:

NR 506.083(7)(a)1. 1. No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this subdivision.

NR 506.083(7)(a)2. 2. The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subdivision lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible.

NR 506.083(7)(a)3. 3. The owner or operator shall remain in compliance with all other operating requirements under ch. NR 506 and the requirements under chs. NR 507 and 508, including the requirement to conduct any necessary corrective action required under s. NR 508.06 (5).

NR 506.083(7)(a)4. 4. The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.

NR 506.083(7)(b) (b) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes under subs. (2) and (3).

NR 506.083(7)(c) (c) If no alternative capacity is identified within 5 years after the initial certification, the CCR landfill shall cease receiving CCR and close under subs. (2) and (3).

NR 506.083(7)(d) (d) An owner or operator that closes in accordance with this section shall complete and submit to the department the notices and progress reports in accordance with all of the following:

NR 506.083(7)(d)1. 1. Within 6 months of becoming subject to closure, the owner or operator shall prepare and submit a notification of intent to comply with the alternative closure requirements of this section. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions of this section, in addition to providing the required documentation and certifications.

NR 506.083(7)(d)2. 2. The owner or operator shall prepare the periodic progress reports required under par. (a) 4., in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:

NR 506.083(7)(d)2.a. a. The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements.

NR 506.083(7)(d)2.b. b. The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.

NR 506.083(7)(d)3. 3. The notification and progress reports shall be placed in the written operating record and posted on a publicly accessible internet site under s. NR 506.17 (2) and (3).

NR 506.083 History History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (5) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (a), (7) (a) 3. made under s. 35.17, Stats., Register July 2022 No. 799.

NR 506.084 NR 506.084 Long-term care requirements for CCR landfills. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:

NR 506.084(1) (1) Long-term care maintenance requirements. Following closure of the CCR landfill, the owner or operator shall conduct long-term care for the CCR landfill in accordance with the approved long-term care plan required under s. NR 514.07 (10).

NR 506.084(2) (2) Long-term care period. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation, with perpetual long-term care responsibility under s. 289.41 (1m) (c), Stats., and all of the following:

NR 506.084(2)(a) (a) The long-term care period for a CCR landfill is 40 years for purposes of record keeping under s. NR 506.17 (2) and proof of owner financial responsibility under s. NR 520.05.