Chapter NR 512

NR 512.14   Proposed preliminary design.

NR 512.15   Identification of soil borrow sources.

NR 512.16   Environmental review.

NR 512.17   Need and design capacity.

NR 512.18   Evaluation of alternatives to land disposal.

NR 512.19   Noncompliance with plans or orders.

Ch. NR 512 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 512.01 NR 512.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in this state and to outline the requirements regarding feasibility reports for new landfills or expansions of existing landfills. The purpose of the feasibility report is to determine whether a proposed property has potential for use as a landfill and to identify any conditions which the applicant shall address in the plan of operation. This chapter is adopted under ch. 289, Stats., and s. 227.11, Stats.

NR 512.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.02 NR 512.02 Applicability.

NR 512.02(1) (1) 

NR 512.02(1)(a) (a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all landfills as defined under s. 289.01 (20), Stats., including all CCR landfills and expansions.

NR 512.02(1)(b) (b) This chapter does not govern any of the following:

NR 512.02(1)(b)1. 1. Landfills regulated under ch. NR 503.

NR 512.02(1)(b)2. 2. Hazardous waste facilities as defined under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679.

NR 512.02(1)(b)3. 3. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.

NR 512.02(1)(b)4. 4. 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 512.02(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 wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.

NR 512.02 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, 1994, No. 461; 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 4. and am., cr. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 512.03 NR 512.03 Definitions. The terms used in this chapter are defined in s. NR 500.03.

NR 512.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 512.04 NR 512.04 Initial site report. Any applicant intending to establish a new landfill or expand an existing landfill shall obtain an initial site report opinion from the department prior to submitting a feasibility report.

NR 512.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.05 NR 512.05 General submittal requirements. An applicant proposing to construct a new landfill or expand an existing landfill shall submit a feasibility report and related materials in accordance with s. NR 500.05 and this chapter. The feasibility report shall address all department review comments on the initial site report and any applicable pre-feasibility report. If the applicant requests any exemptions to the locational criteria and performance standards listed in s. NR 504.04, justification for the request shall be provided in the narrative section of the feasibility report. Applicants proposing an alternative design to the requirements contained in ss. NR 504.05, 504.06, 504.07, 504.08 and 504.09 shall include an analysis that predicts whether the proposed landfill will meet or exceed the performance standards of s. NR 504.04 (4) (d) regarding groundwater quality.

NR 512.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.06 NR 512.06 Procedural requirements. An applicant shall comply with all applicable procedural requirements of ss. 289.21 to 289.32, Stats.

NR 512.06(1) (1) Local approvals. An applicant shall submit a written request including the standard notice developed under s. 289.22 (2), Stats., to each affected municipality for the specification of all applicable local approval requirements under s. 289.22 (1m), Stats. An applicant subject to s. 289.33, Stats., shall apply for all applicable local approvals specified by a municipality under s. 289.22 (1m), Stats., at least 120 days prior to submitting the feasibility report to the department. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the feasibility report 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first. The feasibility report shall contain a copy of all requests for the specification of applicable local approvals, responses from affected municipalities regarding any applicable local approvals, the standard notice, and follow up applications for any applicable local approvals to document that this requirement has been met.

NR 512.06(2) (2) Submission of reports. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department’s initial site report opinion, any applicable pre-feasibility report and the feasibility report to each participating municipality under s. 289.33 (6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted.

NR 512.06(3) (3) Completeness. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether or not the items specified in the department’s initial site report opinion letter and the minimum requirements of this chapter have been met. If the report is incomplete, the department shall notify the applicant in writing and specify the information which shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25 (3), Stats., and issue a preliminary determination stating whether or not an environmental impact statement is required. The department may require the applicant to submit additional information after determining that the feasibility report is complete if the department establishes that the feasibility of the proposed landfill cannot be determined without the additional information.

NR 512.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (2), (3), Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.07 NR 512.07 General facility information. The feasibility report shall identify the project title; name, address and phone number of the primary contacts including the proposed landfill’s owner, operator and any consultants; present property owner; proposed landfill location by quarter-quarter section; total acreage of the property and proposed limits of filling; proposed landfill life, design capacity and date of closure; municipalities and industries to be served; anticipated waste types and characteristics; anticipated volumes of each major waste stream and any seasonal fluctuations taking into account waste reduction, reuse, recycling, composting and the recovery of energy from solid waste; anticipated cover frequency; mode of operation; proposed sub-base, base and final grades; preliminary design concepts; need for the landfill; the alternatives to land disposal, including any proposed waste reduction and recovery services; and how the proposed facility relates to any applicable solid waste management plan approved under s. 289.10, Stats.

NR 512.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.08 and am., Register, June, 1996, No. 486, eff. 7-1-96; am., Register, August, 1997, No. 500, eff. 9-1-97; am. Register, September, 1998, No. 513, eff. 10-1-98.

NR 512.08 NR 512.08 Land use information. The feasibility report shall include a discussion of land uses at the proposed landfill location and surrounding area. Relevant land use information contained in the initial site report may be referenced in the feasibility report. However, a thorough discussion of any changes in land uses since the submittal of the initial site report which may have an impact on the suitability of the property for waste disposal or on groundwater quality shall be included. The report shall address all areas where land use may affect or be affected by the proposed landfill. At a minimum, this will be the area within one mile of the proposed limits of filling. If the landfill owner proposes to accept municipal solid waste or other putrescible waste, the report shall include any information or bird study requested by the federal aviation administration or by the department concerning any airport whose runway end is within 5 miles of the proposed limits of filling.

NR 512.08 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.09 and am., r. (1) to (4), Register, June, 1996, No. 486, eff. 7-1-96.

NR 512.085 NR 512.085 Alternative geotechnical investigation program. The applicant may propose an alternative geotechnical investigation program to the department prior to initiating the geotechnical investigations required for a feasibility report that are identified in ss. NR 512.09 and 512.10. A proposal shall include a detailed description of the proposed alternative program, detailed explanations of the rationale for the proposed differences between the code requirements in s. NR 512.09 or 512.10 and the proposed alternative program, and the anticipated benefits of the proposed alternative program. The department shall respond in writing and may accept the program as submitted, identify deficiencies in the proposed alternative program that must be addressed, or may reject the program. The program may not be implemented prior to receipt of written review by the department. The feasibility report shall include documentation of any alternative geotechnical investigation accepted by the department and justification for any reductions to the requirements in ss. NR 512.09 and 512.10. Formal approval of an accepted alternative geotechnical program shall be made in the department’s feasibility determination.

NR 512.085 History History: CR 05-020: cr. Register January 2006 No. 601, eff. 2-1-06.

NR 512.09 NR 512.09 Site-specific geotechnical information. The applicant shall perform laboratory and field investigations to define the physical characteristics of the proposed landfill’s location. At a minimum these investigations shall include the following specified requirements unless an alternative geotechnical investigation program under s. NR 512.085 specifically addressing these requirements, or a portion thereof, was accepted in writing by the department before the geotechnical investigation program for the feasibility report was initiated. Should the applicant identify minor discrepancies between the following specified requirements and the content of the feasibility report prior to its submittal to the department, the applicant may choose to identify those minor discrepancies in a separate letter to the department, including an explanation for them, and either propose a time table for providing that information or justify why it is not necessary to submit that specific information and request the necessary exemptions. The department shall respond to a letter in writing either accepting the explanation and requested approach or indicating that the discrepancies need to be addressed prior to issuing feasibility completeness.

NR 512.09(1) (1) Borings. As specified in Table 1, borings sufficient to define sub-surface conditions shall be drilled both inside and outside the proposed limits of filling.

NR 512.09(1)(a) (a) At a minimum, borings shall be drilled in 10 separate locations for the first 5 or less acres of the proposed fill area. Two borings shall be drilled for each additional 5 or less acres of proposed fill area. The borings shall be located on a grid pattern. All borings shall be located in or within 300 feet of the proposed limits of filling.

NR 512.09(1)(b) (b) Borings shall extend a minimum of 25 feet below the anticipated sub-base grade. If the boring is located outside the proposed limits of filling, the applicable sub-base grade is the elevation of the bottom of the proposed base liner nearest to the borehole.

NR 512.09(1)(c) (c) If regional information suggests that bedrock is within 50 feet of the lowest elevation of the proposed sub-base grades, one boring shall be extended at least 5 feet into bedrock. Every attempt shall be made to locate this boring outside the proposed limits of filling. Bedrock drilling shall be performed in accordance with ch. NR 141 and s. NR 507.05.

NR 512.09 Note Note: Bedrock is defined in s. NR 500.03 (18).

NR 512.09(1)(d) (d) Samples shall be collected and retained and boring logs shall be prepared in accordance with ss. NR 507.05 and 507.14.

NR 512.09(1)(e) (e) Borings not converted to wells shall be abandoned in accordance with ss. NR 507.08 and 141.25.

NR 512.09(2) (2) Wells. As specified in Table 1, wells sufficient to define the hydrogeologic and groundwater quality conditions shall be installed. At a minimum, this includes:

NR 512.09(2)(a) (a) Installing observation wells to adequately define the water table surface and horizontal hydraulic gradients. At a minimum, 5 water table observation wells shall be installed for the first 5 or less acres of disposal area and one additional observation well for each additional 5 or less acres of disposal area. The observation wells shall be constructed so that the water table intersects the well screens at all times during the year.

NR 512.09(2)(b) (b) A piezometer shall be installed adjacent to a water table observation well at 2 separate locations to create well nests for the first 5 or less acres of disposal area. One additional piezometer for each additional 10 or less acres of disposal area shall be installed to create additional well nests. For every 20 acres of disposal area at least one well nest shall be placed within the proposed limits of filling.

NR 512.09(2)(c) (c) For proposed limits of filling located in a fine-grained soil environment, each well nest required in par. (b) shall consist of 3 wells: a water table observation well, a piezometer installed at or just below the proposed subbase grades and a deeper piezometer installed at least 15 feet below the bottom of the upper piezometer’s well screen.

NR 512.09(2)(d) (d) All wells shall be located no more than 300 feet from the proposed limits of filling and at least half of the wells shall be located no more than 150 feet from the proposed limits of filling.

NR 512.09(2)(e) (e) All wells shall be designed, installed, developed, documented and sampled in accordance with ch. NR 141 and ss. NR 507.06, 507.07, 507.14 and 507.17. Alternative methods of well design and installation which achieve comparable results shall be approved by the department prior to well construction.

NR 512.09 Note Note: Fine-grained soil environment is defined in s. NR 500.03 (86).

Table 1

NR 512.09(3) (3) Field direction. A professional geologist or qualified technician who is directly supervised by a professional geologist shall observe and direct the drilling of all borings and the installation, development and abandonment of all wells. A professional geologist or qualified technician who is directly supervised by a professional geologist shall also conduct all in-field hydraulic conductivity tests and visually describe and classify all of the geologic samples.

NR 512.09(4) (4) Laboratory and field analysis. Laboratory and field analyses shall be conducted to identify the specific geologic, hydrogeologic and groundwater quality conditions at the proposed facility as outlined below:

NR 512.09(4)(a) (a) For each major soil unit encountered, at least 5 representative samples shall be analyzed for grain size distribution using mechanical and hydrometer methods and Atterberg limits as appropriate for the particular type of material. Each representative sample shall be classified according to the unified soil classification system.

NR 512.09 Note Note: Major soil unit is defined in s. NR 500.03 (138).

NR 512.09(4)(b) (b) Laboratory hydraulic conductivity tests shall be conducted on at least 2 representative samples from each major fine-grained soil unit. Tests shall be run on undisturbed samples when conditions allow.

NR 512.09(4)(c) (c) The department may require that other tests be conducted as appropriate for the particular type of material.

NR 512.09(4)(d) (d) An in-field test shall be conducted on each well to determine the in-situ hydraulic conductivity. The test shall be of long enough duration and include a sufficient amount of data to provide a representative estimate of the actual hydraulic conductivity.

NR 512.09(4)(e) (e) After each well has been properly developed, successive water level measurements shall be taken until stabilized readings are obtained. Stabilized water level measurements shall be obtained on a monthly basis for a minimum of 6 months prior to submittal of the feasibility report. After this period, quarterly water level measurements shall be obtained for at least 4 quarters.

NR 512.09(4)(f) (f) Stabilized water level measurements shall be obtained on a monthly basis for a minimum of 6 months prior to submittal of the feasibility report from surface water bodies including streams, lakes, ponds, drainage ditches and wetlands located within 1,000 feet of the proposed limits of filling. After this period, quarterly water level monitoring shall be performed for at least 4 quarters.

NR 512.09(4)(g) (g) At least 4 rounds of baseline groundwater monitoring shall be performed on all observation wells and piezometers located outside the proposed limits of filling which were installed to evaluate the proposed property in accordance with s. NR 507.18 and submitted along with the feasibility report.

NR 512.09(4)(h) (h) The department may require other work such as groundwater modeling, pump tests, geophysical investigations, isopach maps or a fence diagram to assess the hydrogeologic conditions at the proposed facility.

NR 512.09(5) (5) Sample retention. All soil and bedrock samples collected from the proposed property shall be retained in accordance with s. NR 507.05.

NR 512.09(6) (6) Additional requirements for landfills with extended collection lines.

NR 512.09(6)(a) (a) Landfills shall meet the requirements of pars. (b) and (c) where they will accept municipal solid waste and contain leachate collection lines that exceed 1,200 feet from the end of each cleanout to the toe of the opposite slope. Where the requirements of this subsection differ from other requirements of this chapter, these requirements shall take precedence.

NR 512.09(6)(b) (b) A minimum of one boring in the area of each proposed cell shall be drilled to physically characterize subbase conditions for landfill foundation assessment of stability and settlement. Borings shall be extended to a minimum of 50 feet below proposed subbase grades or to competent bedrock, whichever is shallower. Borings shall include standard penetration testing. Samples shall be taken at each significant soil layer. A minimum of one sample from each fine grained layer and from each soft or compressible coarse grained layer shall be subjected to geotechnical testing to define parameters used in assessments of stability and settlement of the liner.

NR 512.09(6)(c) (c) Consolidation testing data shall be included with the data summarized by major soil unit in the table required by s. NR 512.10 (2) (d).

NR 512.09 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.11 and am. (intro.), (1) (intro.), (a), (b), (2) (intro.), (a), (3), (4) (a), (b), (e), (g), (h), (5), r. (1) (c) to (e), Register, June, 1996, No. 486, eff. 7-1-96; r. (2) (am), am. (2) (e) Table 1 and (5), Register, August, 1997, No. 500, eff. 9-1-97; am. Table 1, Register, September, 1998, No. 513, eff. 10-1-98; CR 04-077: cr. (6) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (intro.) Register January 2006 No. 601, eff. 2-1-06; correction in (6) (c) made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601; CR 06-026: am. (6) (a), Register December 2006 No. 612, eff. 1-1-07.

NR 512.10 NR 512.10 Subsurface data analysis.

NR 512.10(1) (1) At a minimum, the data on subsurface investigations shall be presented in the narrative section of the report and shall include the following specified requirements unless an alternative geotechnical investigation program under s. NR 512.085 specifically addressing these requirements, or a portion thereof, was accepted in writing by the department before the geotechnical investigation program for the feasibility report was initiated. Should the applicant identify minor discrepancies between the following specified requirements and the content of the feasibility report prior to its submittal to the department, the applicant may choose to identify those minor discrepancies in a separate letter to the department, including an explanation for them, and either propose a time table for providing that information or justify why it is not necessary to submit that specific information and request the necessary exemptions. The department shall respond to a letter in writing either accepting the explanation and requested approach or indicating that the discrepancies need to be addressed prior to issuing feasibility completeness.

NR 512.10(2) (2) Soil and bedrock descriptions. Each major soil unit and bedrock formation shall be described using data from both subsurface investigations and regional information. The descriptions shall include:

NR 512.10(2)(a) (a) Grain size distribution, geologic origin and classification of materials using the USCS system.

NR 512.10(2)(b) (b) The lateral and vertical extent of each major soil unit including description of lenses or other heterogeneities and, if bedrock is encountered by borings, the strike and dip of any rock formations. Strike and dip may be determined from regional or site-specific information.

NR 512.10(2)(c) (c) The presence and frequency of joints, fractures, voids, solution openings, faults or other structural features.

NR 512.10(2)(d) (d) Testing data shall be summarized by major soil unit in a table in the report. The table shall contain the following information: geologic origin, sample ID number, percentages of gravel, sand, silt and clay-sized materials, P200 content, liquid limit, plasticity index, and lab and field hydraulic conductivity. If average values are calculated for any of these test results, a range and standard deviation shall also be presented.

NR 512.10(3) (3) Hydrogeologic properties. The properties of each saturated soil unit or rock formation and its function in the groundwater flow system shall be described including the following:

NR 512.10(3)(a) (a) Hydraulic conductivity.

NR 512.10(3)(b) (b) Role as a confining unit.

NR 512.10(3)(c) (c) Hydraulic connection to other units.

NR 512.10(3)(d) (d) Actual or potential use as a water supply.

NR 512.10(3)(e) (e) Depth to groundwater and seasonal variations in groundwater elevation.

NR 512.10(3)(f) (f) Location and extent of perched groundwater.

NR 512.10(3)(g) (g) Local and regional flow directions including the location of groundwater divides.

NR 512.10(3)(h) (h) Horizontal and vertical hydraulic gradients, particularly between soil units of differing hydraulic conductivity and between unconsolidated deposits and bedrock.

NR 512.10(4) (4) Appendix. All raw data including boring logs, soil tests, hydraulic conductivity tests, water level measurements, baseline water quality laboratory reports, and department well construction, well development, and well information forms shall be included in the appendices of the report.

NR 512.10 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.12 and am. (1) (a), (b), (2) (h), (3), r. (2) (i), Register, June, 1996, No. 486, eff. 7-1-96; am. (3), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: renum. (intro.) to (3) to be (1) to (4) and am. (1) Register January 2006 No. 601, eff. 2-1-06.

NR 512.11 NR 512.11 Data presentation. The results from the subsurface investigations shall be presented on 24 inch x 36 inch plan sheets, unless an alternative size is approved by the department in writing, as follows: