Chapter NR 506

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.

NR 506.084(2)(b) (b) No later than 60 days following the end of the 40-year long-term care proof period, a notification shall be submitted to the department and placed in the written operating record. The notification shall verify that the landfill is complying with the approved long-term care plan and long-term care requirements. The notification shall include a certification by a professional engineer.

NR 506.084 History History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 506.085 NR 506.085 Final use. The following activities are prohibited at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing:

NR 506.085(1) (1) Use of the waste disposal area for agricultural purposes.

NR 506.085(2) (2) Establishment or construction of any buildings over the waste disposal area.

NR 506.085(3) (3) Excavation of the final cover or any waste materials.

NR 506.085 Note Note: Activities at closed solid waste disposal facilities shall be restricted in accordance with the applicable transference of responsibility provisions of s. 289.46 (2), Stats.

NR 506.085 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.09 NR 506.09 Waste characterization.

NR 506.09(1) (1) General. No person may dispose in a landfill prohibited items under s. NR 506.095. Wastes which are limited under ss. NR 506.10 to 506.155 may only be disposed in accordance with those sections. Solid wastes which are not prohibited or limited under ss. NR 506.095 to 506.155 and which do not constitute more than 5% of the total proposed design capacity may be disposed without additional department approval providing they do not pose a significant threat to landfill operations, leachate or landfill gas quality, or groundwater quality, and they are handled in accordance with an approved special waste management plan. The physical and chemical characteristics of any high volume industrial waste stream such as foundry process waste, papermill sludge, utility coal-ash wastes, and other non-municipal waste streams that are anticipated to individually constitute more than 5% of the total proposed design capacity shall be analyzed and described in accordance with this section.

NR 506.09(2) (2) Submittal requirements. Requests for authorization to accept additional waste types shall include the following information at a minimum:

NR 506.09(2)(a) (a) Detailed physical and chemical characteristics including percent solids, material safety data sheets where appropriate and the results of the paint filter test.

NR 506.09(2)(b) (b) The volume of waste to be disposed of on a daily and yearly basis.

NR 506.09(2)(c) (c) The source of the wastes and a description of the processes which generated the waste.

NR 506.09(2)(d) (d) The duration of disposal.

NR 506.09(2)(e) (e) Special handling and disposal procedures.

NR 506.09(2)(f) (f) Based upon a preliminary review of the above information, the department may require additional information to determine the compatibility of the waste with the existing design and operation of the landfill.

NR 506.09 Note Note: Landfill operators who wish to accept hazardous waste from very small quantity generators subject to s. NR 662.014 (1) shall obtain approval from the department under s. NR 506.155.

NR 506.09 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr. (1), am. (2) (a), Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.095 NR 506.095 Prohibited items. No person may dispose of the following in a landfill:

NR 506.095(1) (1) Lead acid batteries.

NR 506.095(2) (2) Major appliances.

NR 506.095(3) (3) Waste oil or materials containing waste oil, except as provided in s. NR 506.105 and par. (a).

NR 506.095(3)(a) (a) Material containing, or otherwise contaminated with, minimal amounts of oil from which the oil has been removed to the extent possible such that no visible signs of free flowing oil remain in or on the material, may be disposed of in a solid waste landfill, provided the material is not listed or identified as a hazardous waste.

NR 506.095 Note Note: The department encourages the recycling of used oil including oil-soaked rags and similar materials, by use of laundering services, burning for energy recovery and other recycling methods.

NR 506.095 Note Note: Disposal of petroleum contaminated soil and materials into solid waste disposal facilities shall be done in accordance with the applicable provisions of chs. NR 419 and 722.

NR 506.095(3)(b) (b) Oil drained or removed from materials containing or otherwise contaminated with oil is subject to regulation as used oil.

NR 506.095 Note Note: The department encourages that solid waste material from which oil is removed, such as used oil filters that have been drained in accordance with s. NR 661.0004 (2) (m), be recycled. If the material cannot be recycled, it should be properly characterized and disposed of in accordance with the requirements of chs. NR 500 to 538 and 660 to 679. 

NR 506.095(3)(c) (c) No person may mix oil with other material for the purpose of avoiding the prohibition of s. 287.07 (1m) (b), Stats.

NR 506.095(4) (4) Yard waste.

NR 506.095(5) (5) Solid waste that contains any material identified in s. 287.07 (3), Stats., that is generated in a region, as defined in s. 287.01 (8), Stats., that does not have an effective recycling program as determined under s. 287.11, Stats., and ch. NR 544, unless the material is subject to an exemption, waiver or beneficial use approval under s. 287.11 (2p), Stats. This subsection does not apply to any material identified in s. 287.07 (3), Stats., that contains infectious waste or that is from a treatment area and is mixed with infectious waste generated in the treatment area, if the container, package or material has been treated pursuant to standards established under ch. NR 526 to render the infectious waste noninfectious.

NR 506.095(6) (6) A material identified in s. 287.07 (3), Stats., that is separated for recycling as part of an effective recycling program under s. 287.11, Stats., and ch. NR 544, unless the department has granted a variance under s. 287.11 (2m), Stats.