Chapter NR 506

NR 506.17(3)(d)9. 9. Documentation prepared by the owner or operator recording any public comments received during the public informational hearing under s. NR 508.06 (3) (e) for the discussion of the results of the remedial action options report.

NR 506.17(3)(d)10. 10. The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report, except that the selection of remedy report shall be maintained until the remedy has been completed.

NR 506.17(3)(d)11. 11. The notification to the department of the completion of the remedy.

NR 506.17(3)(e) (e) For CCR landfills with a plan of operation approved after August 1, 2022, the internet site shall also contain all of the following:

NR 506.17(3)(e)1. 1. The feasibility report and department’s decision document.

NR 506.17(3)(e)2. 2. The plan of operation and department’s decision document.

NR 506.17(3)(e)3. 3. Any modifications to the feasibility determination or plan of operation approval and the department’s decision documents.

NR 506.17(4) (4) CCR landfill notification requirements.

NR 506.17(4)(a) (a) A notification required under ch. NR 507 or 508 or this chapter shall be sent to the department’s waste and materials management program before the close of business on the day the notification is required to be completed. For purposes of this section, before the close of business means the notification must be postmarked or sent by email. If a notification deadline falls on a weekend or state holiday, the notification deadline is automatically extended to the next business day.

NR 506.17(4)(b) (b) Notifications under par. (a) may be combined provided the deadline requirement for each notification is met.

NR 506.17(4)(c) (c) Unless otherwise required, a notification under par. (a) shall be sent to the department within 30 days of placing the notification in the landfill’s written operating record.

NR 506.17 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 21-076: renum. 506.17 to (1) and am., cr. (2) to (4) Register July 2022 No. 799, eff. 8-1-22; correction in (2) (g) 1. made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (d) 8. made under s. 35.17, Stats., Register July 2022 No. 799.

NR 506.18 NR 506.18 Enforcement. The department may deny, suspend or revoke the operating license of a solid waste disposal facility as provided in s. 289.31 (1), Stats., for failure to pay fees required under ch. 289, Stats., or for grievous and continuous failure to comply with the approved plan of operation under s. 289.30, Stats., or, if no plan of operation exists with regard to the landfill, for grievous and continuous failure to comply with any requirement of chs. NR 500 to 538. Any failure to comply with any such 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 506.18 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 506.15, Register, January, 1991, No. 421, eff. 2-1-91; renum. from NR 506.16 and am., Register, June, 1996, No. 486, eff. 7-1-96; am. Register, December, 1997, No. 504, eff. 1-1-98.

NR 506.19 NR 506.19 Landfill compliance certifications and audits.

NR 506.19(1) (1) Compliance certification. No later than March 31 of each year and continuing until otherwise specified by the department, the owner or operator of any licensed landfill which is in operation as of July 1, 1996, or any licensed, closed landfill with an approved total design capacity exceeding 1,000,000 cubic yards shall prepare and submit to the department a compliance certification. The certification, shall be prepared and signed by the owner or operator of the landfill, certified facility manager, solid waste manager or person most directly responsible for the landfill’s day to day operation. The signer shall certify that he or she is aware of all approved plans for the landfill, all department conditions of approval, and all applicable solid waste statutory and administrative rules, and that to the best of the signer’s knowledge, information and belief, the landfill is or is not in substantial compliance with all approved plans and requirements. For landfills which are in full compliance, no narrative is required beyond the certification statement. For other landfills, all known areas of noncompliance shall be clearly indicated. This subsection does not impose personal liability upon certified facility managers or certified site operators.

NR 506.19(2) (2) Audits. As specified under s. 289.91, Stats., the department may perform audits of any landfill. Following a minimum 30-day advance notification, the landfill owner or operator shall ensure that during the period of the audit, a conference room or adequate office space is provided for department personnel, and that proper technical personnel representing the owner are present to respond to department inquiries regarding the landfill. The owner or operator shall also ensure that any of the information in pars. (a) to (j) or any other information specified by the department in its audit notification letter is available in an organized fashion for the department to review. The owner or operator shall provide copies of requested information for the department to take with them following the audit. If requested by the department, the owner, operator or their representatives shall present the requested information to the department during the audit and also participate in an inspection of any aspects of the landfill which the department requests. The owner or operator shall provide the department with access to all items or areas of the landfill which are related to landfill performance or to compliance with approved plans, solid waste administrative rules or statutes.

NR 506.19(2)(a) (a) One or more full-sized plan view drawings clearly annotated to show the following:

NR 506.19(2)(a)1. 1. The portions of the landfill which currently are receiving solid waste;

NR 506.19(2)(a)2. 2. All portions of the landfill which have been filled, but have not yet been brought to approved final grades;

NR 506.19(2)(a)3. 3. All portions of the landfill which have been filled to approved final grade and the extent to which the final cover system has been placed;

NR 506.19(2)(a)4. 4. All portions of the landfill which currently are undergoing development or closure;

NR 506.19(2)(a)5. 5. All portions of the landfill which have yet to be developed; and

NR 506.19(2)(a)6. 6. Any areas which have been filled above approved final grades or beyond the approved limits of filling.

NR 506.19(2)(b) (b) Calculations based on the most recent topographic survey which show the design capacity volume which has been filled, the remaining design capacity volume, and the estimated remaining site life. All assumptions used in the calculation of estimated remaining site life shall be provided. If the currently estimated remaining site life is one or more years less than that assumed in the latest long-term care calculations, changes shall be evaluated and proposed to the annual long-term care inpayment required to be made by owners using escrow accounts, trusts or deposits with the department to provide proof of financial responsibility for long-term care.

NR 506.19(2)(c) (c) Plan view drawings or sketches documenting each leachate collection line cleaning and leachate transfer line pressure testing event. Separate drawings or sketches shall be submitted for each event, with each drawing using as a base the landfill’s entire leachate collection and transfer piping system. If legibility is not compromised, these drawings may be 11-inch by 18-inch pull-out drawings.

NR 506.19(2)(d) (d) For landfills which have not been required to begin a formal ch. NR 140 investigation, but which have experienced over the past 3 year reporting period: an ES exceedance; more than 2 PAL exceedances for the same parameter at the same well; or results where the average of all data for a parameter at a well exceeds a PAL, a summary of all groundwater data collected to date for the well or wells which have experienced the results presented graphically using either time versus concentration graphs or box plots.

NR 506.19(2)(e) (e) An evaluation of the performance of the leachate collection and removal system which shall include graphed results of monthly leachate removal volumes from the beginning of filling at the landfill to the end of the current calendar year. Leachate volume data shall be graphed separately for each leachate collection tank or lift station. Leachate removal volumes shall also be graphed as a depth over the area of liner which has been constructed at a given point in time. Graphs shall note when each phase or portion thereof was constructed or closed. Monthly leachate data shall be annualized by multiplying by 12 and reported in units of inches per year. All leachate quality data for BOD or COD, including that regularly performed at the request of wastewater treatment facilities, shall be presented graphically. Graphs of monthly average BOD or COD in mg/l shall be presented as well as pounds of BOD or COD removed per month from the facility. Also included shall be a tabulation of all past monthly leachate removal volumes and average BOD or COD concentrations.

NR 506.19(2)(f) (f) Graphs of leachate head conditions on the liner and trends with time shall be reported. Where lysimeters or gradient control systems are present under the liner, fluid collection quantity and quality data shall also be tabulated.

NR 506.19(2)(g) (g) Graphs and tables evaluating the performance of the gas extraction system over the previous 3 years including: the volume of gas removed and average methane concentration to be presented on a no less frequent basis than quarterly; the condition of each gas extraction well and identification of any wells which need to be replaced or that have been replaced; a summary of the hours of operation and down time of the gas recovery plant or blower; and a summary of any exceedances of the lower explosive limit of any gasses detected in gas monitoring wells located outside the limits of waste. This information shall also be presented graphically to the extent possible.

NR 506.19(2)(h) (h) An evaluation of settlement which the landfill has undergone, and any evidence of surface water ponding, poor drainage, differential settlement, erosion or other disruption of the final cover structure.

NR 506.19(2)(i) (i) An evaluation of the integrity of the vegetation on the final covered or interim-covered areas, integrity of the final cover, summary of erosion control efforts, surface stabilization efforts and any evidence of animal intrusion.

NR 506.19(2)(j) (j) Where applicable, a summary of the occurrences of liquids in secondary containment systems for leachate drain lines, condensate drain lines, manholes, collection tanks and lift stations and any corrective measures taken or proposed in response to the presence of liquids.

NR 506.19 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 506.20 NR 506.20 Inspection and reporting requirements for a CCR landfill.

NR 506.20(1) (1) Periodic inspections. A new or existing CCR landfill or a lateral expansion of a CCR landfill shall be inspected in accordance with all of the following:

NR 506.20(1)(a) (a) A person trained to recognize appearances or conditions of landfill structures shall do all of the following:

NR 506.20(1)(a)1. 1. At intervals not exceeding 7 days, after initial receipt of CCR by the CCR landfill, inspect for any appearances of actual or potential structural weakness and other conditions that are disrupting or have the potential to disrupt the operation or safety of the CCR landfill.

NR 506.20(1)(a)2. 2. At intervals not exceeding 7 days, during the active operating life of the landfill, conduct a visual inspection to assess the effectiveness of fugitive dust control measures as required under s. NR 514.07 (10) (a) 3.

NR 506.20(1)(b) (b) The owner or operator of the CCR landfill shall maintain the results of the periodic inspections under par. (a) in the facility’s written operating record for a period of 5 years.

NR 506.20(2) (2) Annual inspections by a licensed professional engineer.

NR 506.20(2)(a) (a) A licensed professional engineer shall annually inspect a new or existing CCR landfill or a lateral expansion of a CCR landfill to ensure that the design, construction, operation, and maintenance of the CCR landfill is consistent with recognized and generally accepted good engineering standards. The inspection shall be performed no later than December 31 of each year. The inspection shall, at a minimum, include all of the following:

NR 506.20(2)(a)1. 1. A review of available information regarding the status and condition of the CCR landfill, including files available in the operating record, such as the results of inspections under sub. (1) (a) 1., and results of previous annual inspections.

NR 506.20(2)(a)2. 2. A visual inspection of the CCR landfill to identify signs of distress or malfunction of the CCR landfill.

NR 506.20(2)(b) (b) The licensed professional engineer conducting the inspection under par. (a) shall prepare a report following each inspection that addresses all of the following:

NR 506.20(2)(b)1. 1. Any changes in geometry of the structure since the previous annual inspection.

NR 506.20(2)(b)2. 2. The approximate volume of CCR contained in the CCR landfill at the time of the inspection.

NR 506.20(2)(b)3. 3. Any appearances of an actual or potential structural weakness of the CCR landfill, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR landfill.

NR 506.20(2)(b)4. 4. Any other changes that may have affected the stability or operation of the CCR landfill since the previous annual inspection.

NR 506.20(2)(b)5. 5. Any deficiencies or releases identified during an inspection and documentation detailing the corrective measures taken. The owner or operator shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken.

NR 506.20(3) (3) Annual report. The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall prepare and submit an annual report to the department and place the report in the facility’s operating record by January 31 of each year. The annual report shall include all of the following components at a minimum:

NR 506.20(3)(a) (a) An annual CCR fugitive dust control report that includes a description of the actions taken by the owner or operator to control CCR fugitive dust, a record of all citizen complaints, and a summary of any corrective measures taken.

NR 506.20(3)(b) (b) The annual inspection report required under sub. (2) (b).

NR 506.20(3)(c) (c) The annual groundwater monitoring and corrective action report required under s. NR 507.15 (3) (m).

NR 506.20(3)(d) (d) The leachate pipe cleaning and inspection report required under s. NR 506.07 (5) (g).

NR 506.20 History History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22.