NR 514.07 NoteNote: “Closing” is defined in s. 289.01 (5), Stats., as “the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses.” NR 514.07(9)(b)(b) Landfill organic stability plans required by this subsection shall include the following information: NR 514.07(9)(b)2.2. An initial analysis of the composition and quantity of materials that will be accepted by the landfill, including a classification of organic materials and percentage of organically inert materials, and a description of how the analysis was performed. NR 514.07(9)(b)3.3. A description of measures to be undertaken by the landfill owner or operator, or by others, including diversion to non-landfill management of organic material, pre-landfill mechanical or biological treatment of organic material, or in-landfill treatment of organic material, that will significantly reduce the amount of degradable organic material remaining after site closing and shorten the time the landfill will take to achieve landfill organic stability. NR 514.07(9)(b)5.5. The anticipated outcome of implementing the plan, relative to the landfill organic stability goals in par. (c) and the definition of landfill organic stability in s. NR 500.03 (120g). NR 514.07(9)(b)6.6. A description of how the effectiveness of the implemented plan will be monitored and evaluated. Plans shall include a description of the methods that will be used to monitor and evaluate the progress of the facility in implementing the plan, and measurements or milestones to be used in evaluating progress towards the goals in par. (c) and the plan’s anticipated outcome. NR 514.07(9)(b)7.7. A contingency plan outlining measures to be taken if periodic evaluation of the landfill organic stability efforts indicate the facility is unlikely to achieve the goals in par. (c). NR 514.07(9)(c)(c) The objective of landfill organic stability plans is achievement of all of the measured goals in subds. 1. to 4. The department may not interpret the goals in subds. 1. to 4. as enforceable environmental quality standards: NR 514.07(9)(c)1.1. A monthly average total methane plus carbon dioxide gas production rate less than or equal to 5% of the maximum monthly average total gas production rate observed during the life of the facility, or less than 7.5 cubic feet of total gas per year for each cubic yard of waste in the facility. NR 514.07(9)(c)2.2. A steady downward trend in the rate of total methane plus carbon dioxide gas production. NR 514.07(9)(c)3.3. Production of total methane plus carbon dioxide gas cumulatively representing 75% or greater of the projected total gas production of the landfilled waste. NR 514.07(9)(c)4.4. Reduction of the time necessary to reach landfill organic stability to 40 years or less after site closing. NR 514.07(9)(d)(d) The landfill owner or operator shall continually evaluate the performance of the implemented landfill organic stability plan, and report progress, results, changes in waste composition and problems to the department no less frequently than annually. The first annual report is due 12 months after the department’s approval of the landfill organic stability plan. The department may approve an alternative reporting schedule. Each annual report shall include an evaluation of whether changes are needed in the plan to correct problems or improve results. In addition, the landfill owner or operator may update the contingency plan. NR 514.07(9)(e)(e) The landfill owner or operator shall examine progress against the approved plan every 5 years to evaluate the likelihood that the plan will enable the facility to reach the goals in par. (c), and determine whether the contingency plan in par. (b) 7. will be implemented. A report describing the evaluation and determination shall be submitted to the department as part of the annual report for that year. The department may require that the contingency plan be implemented if its review finds that the progress the landfill has made is significantly different than the approved plan. NR 514.07(9)(f)(f) If the landfill owner or operator submits the landfill organic stability plan as a modification to an existing plan of operation, the department shall either approve or disapprove the plan modification in writing within 90 days after submission of a complete plan. If the landfill organic stability plan is included by the operator as part of a new plan of operation, the review times in s. NR 514.04 (5) shall apply. NR 514.07(10)(10) Additional requirements for CCR landfills. The owner or operator of a new or existing CCR landfill or lateral expansion of a CCR landfill shall update the plan of operation every 10 years during the landfill’s active life to comply with regulations in place at the time of the update. The plan of operation update will be considered a plan of operation modification, but shall follow the completeness, review times, and pre-plan of operation submittal public meeting requirements under s. NR 514.04. The plan of operation for all CCR landfills shall include all of the following: NR 514.07(10)(a)(a) A CCR fugitive dust control plan in accordance with all of the following: NR 514.07(10)(a)1.1. The plan shall identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility. The owner or operator shall select and include in the CCR fugitive dust control plan the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Control measures may include any of the following: NR 514.07(10)(a)2.2. The plan shall include procedures to wet CCR with water to a moisture content that will prevent wind dispersal but will not result in free liquids. In lieu of water, wetting of CCR may be accomplished with an appropriate chemical dust suppression agent. NR 514.07(10)(a)3.3. The plan shall include a description of the procedures the owner or operator will follow to periodically assess the effectiveness of the control plan. At a minimum, the assessment shall include a visual inspection at least every 7 days, unless the CCR landfill is inactive and all areas are covered by intermediate or final cover. NR 514.07(10)(a)4.4. The plan shall be modified in accordance with s. NR 514.04 (6) whenever there is a change in conditions that may substantially affect the plan of operation. NR 514.07 NoteNote: The requirements under par. (a) apply in addition to, not in place of, any applicable standards under the federal Occupational Safety and Health Act.
NR 514.07(10)(b)(b) A run-on and run-off control system plan that includes all of the following: NR 514.07(10)(b)2.2. Plan sheets depicting the location of run-on and run-off control features, detail drawings, and supporting engineering calculations. NR 514.07(10)(b)4.4. Modification every 5 years from the date of the most recent plan approval or whenever there is a change in conditions that may substantially affect the written plan in effect. The modification shall be requested by the owner or operator in accordance with s. NR 514.04 (6) prior to the 5-year deadline. NR 514.07(10)(c)1.1. A narrative description of how the CCR landfill will be closed, including a description of the steps necessary to close the CCR unit at any point during the active life of the CCR unit, consistent with recognized and generally accepted good engineering practices. NR 514.07(10)(c)2.2. A description of the final cover system, designed in accordance with s. NR 504.07, and the methods and procedures to be used to install the final cover. NR 514.07(10)(c)4.4. An estimate of the maximum volume in cubic yards of CCR that will be disposed on-site over the active life of the CCR landfill. NR 514.07(10)(c)5.5. An estimate of the largest area of the CCR landfill that will require a final cover at any time during the CCR landfill’s active life. NR 514.07(10)(c)6.6. A schedule for completion of all closure activities, including an estimate of the year in which all closure activities for the CCR landfill will be completed. The schedule shall provide sufficient information to describe the sequential steps that will be taken to close the CCR landfill, including identification of major milestones such as coordinating with other agencies and obtaining other necessary approvals or permits, installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR landfill closure. If the estimated timeframes to complete closure exceed the timeframes specified under s. NR 506.083 (3) (a), the plan shall include the site-specific information, factors and considerations that support any time extension. NR 514.07(10)(c)7.7. The plan shall be modified in accordance with s. NR 514.04 (6) whenever there is a change in conditions that may substantially affect the written closure plan or unanticipated events necessitate a revision of the written closure plan. The modification shall be submitted to the department in writing at least 60 days prior to a planned change in the operation of the CCR landfill, or no later than 60 days after an unanticipated event requires the need to revise an existing written closure plan. If a written closure plan is revised after closure activities have commenced for a CCR landfill, the owner or operator shall submit the modification request to the department no later than 30 days following the triggering event. NR 514.07(10)(c)8.8. If closure of the CCR landfill will be accomplished through removal of CCR from the CCR landfill, the closure plan shall be modified and approved by the department prior to implementation in accordance with s. NR 514.04 (6). The closure plan shall include a description of the procedures to remove the CCR and decontaminate all areas affected by the CCR landfill in accordance with s. NR 506.08 (5). NR 514.07(10)(d)(d) A written long-term care plan that addresses all of the following: NR 514.07(10)(d)1.1. A description of the monitoring and maintenance activities and the frequency at which those activities will be performed. The activities shall include, at a minimum, all of the following: NR 514.07(10)(d)1.b.b. Maintaining the integrity and effectiveness of the final cover system, including making repairs to the final cover as necessary to correct the effects of settlement, subsidence, erosion or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover. NR 514.07(10)(d)1.c.c. Maintaining the effectiveness of the leachate collection and removal system and operating the leachate collection and removal system in accordance with the requirements under s. NR 504.12 (3) (a). NR 514.07(10)(d)1.d.d. Maintaining the groundwater monitoring system and monitoring the groundwater in accordance with ch. NR 507 and the sampling plan approval. NR 514.07(10)(d)2.2. The name, address, telephone number, and email address of the person or office to contact about the facility during long-term care. NR 514.07(10)(d)3.3. A description of the planned uses of the property during long-term care. Post-closure uses may not disturb the integrity of the final cover, liner, or any other component of the landfill, or the function of the monitoring systems unless approved in writing by the department. A written request for approval as part of the plan of operation submittal or a modification shall include a demonstration that disturbance of the final cover, liner, or other component of the containment system, including any removal of CCR, will not increase the potential threat to human health or the environment. The demonstration shall be certified by a professional engineer in accordance with s. NR 500.05 (4) (a). NR 514.07(10)(e)(e) The long-term care plan under par. (d) may be modified in accordance with s. NR 514.04 (6). The owner or operator shall modify the long-term care plan whenever there is a change in the operation of the CCR landfill that would substantially affect the written long-term care plan in effect; or after long-term care activities have commenced, when unanticipated events necessitate a revision of the written long-term care plan. The modification shall be submitted to the department in writing at least 60 days prior to a planned change in the operation of the CCR landfill, or no later than 60 days after an unanticipated event requires the need to revise an existing long-term care plan. If a written long-term care plan is revised after long-term care activities have commenced for a CCR landfill, the owner or operator shall submit the modification request to the department no later than 30 days following the triggering event. NR 514.07 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (2) (b) made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1994, No. 461; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-077: cr. (1) (L), (6) (c) and (7) to (9) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (1), cr. (6m) Register January 2006 No. 601, eff. 2-1-06; correction made under s. 13.93 (2m) (b) 1., Stats., Register January 2006 No. 601: CR 06-026: am. (7) (c) and (i), renum. (9) to be (9) (a) and am., cr. (9) (b) to (f), Register December 2006 No. 612, eff. 1-1-07; CR 21-076: cr. (10) Register July 2022 No. 799, eff. 8-1-22; correction in (8) (c) 3. c., (10) (intro.), (a) 1. d. made under s. 35.17, Stats., and correction in (10) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799. NR 514.08NR 514.08 Closure plans. Closure plans may be required by the department for solid waste disposal facilities which do not have an approved plan of operation under s. 289.30, Stats., or which are required by order or approval to develop a closure plan, as remediation for groundwater or surface water contamination, or to control gas migration. Closure plans shall present the complete plans and engineering analysis necessary for evaluation of the design, remaining operation, monitoring, closure and post closure care of the facility. These closure plans shall address all the requirements of s. NR 506.08. The department may require that the plans address any or all of the information contained in chs. NR 504, 507, 508, 512, 514 and 516. NR 514.08 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; am. Register, August, 1997, No. 500, eff. 9-1-97. NR 514.09NR 514.09 Expedited plan modifications. NR 514.09(1)(a)(a) If an expedited plan modification is requested by an owner or operator, this section applies to all proposals that can be determined by the department to be low risk to modify provisions in approved plans of operation, except those identified in par. (b), that would not result in a violation of a statute or administrative rule, and would not require issuance of an exemption by the department. Modifications to which this section applies include, but are not limited to the following: NR 514.09(1)(a)2.2. Use of an alternate borrow source, other than for landfill liner material, following the department’s performance of an initial site inspection of the borrow source. NR 514.09(1)(a)4.4. Use of foundry sand, bottom ash or papermill sludge for alternate daily cover material. Also, if soil daily cover will be placed at the end of each operating week, use of tarps, geotextiles, spray-on foams and similar alternate daily cover materials. NR 514.09(1)(a)6.6. Waste filling or closure sequence, if the unclosed area of the landfill would not be increased at any point in the landfill’s remaining operational life relative to the existing approved plan. NR 514.09(1)(a)7.7. Minor changes in design and material substitutions for gas extraction systems or leachate head wells, that do not include changes to the gas flare design, and do not include a reduced number of gas extraction wells or leachate head wells within a particular phase of the landfill. Also, replacement of damaged or nonfunctional features of gas extraction systems or leachate head wells that do not involve significant changes in design, location or materials of construction. NR 514.09(1)(a)8.8. Installation, abandonment or sampling of groundwater, gas or leachate monitoring devices not required in the existing approved plan. NR 514.09(1)(a)10.10. Except as provided under par. (b), other modifications determined by the department to pose low potential risk of adverse impacts on public health or the environment. NR 514.09 NoteNote: No approvals are necessary when a landfill owner initiates a contaminant investigation or assessment monitoring according to chs. NR 507 and 508. However, if an alternate assessment plan is proposed under s. NR 508.05 (2), the landfill owner must request an approval under that section. NR 514.09(1)(b)(b) This section does not apply to proposals to modify approved plans of operation that would result in any of the following: NR 514.09(1)(b)2.2. A change in the design or construction of landfill liners, final cover or leachate collection, transfer, recirculation or storage systems. NR 514.09(1)(b)4.4. Reduction of groundwater monitoring at any landfill to less than the minimum required in chs. NR 503 and 507, according to the type of landfill and wastes disposed. NR 514.09(1)(b)5.5. Reduction of groundwater monitoring at facilities that have written approval for groundwater monitoring less than the minimum required in chs. NR 503 and 507. NR 514.09(1)(b)8.8. Violation of an existing written condition contained in a department approval document, except if the applicant provides a list of each condition in the cover letter and the applicant is also requesting to modify these conditions. NR 514.09(1)(b)9.9. Expenditure of department technical review time in excess of 8 hours to determine whether the proposal is low risk and complete any other tasks necessary to review the request. NR 514.09(2)(2) Procedure. A proposal to modify an approved plan of operation is deemed approved under s. 289.30 (6), Stats., if all of the following occur: NR 514.09(2)(a)(a) The owner or operator submits a written proposal to the department which describes the proposed plan modification. With the proposal, the owner or operator shall submit a cover letter that includes all of the following: NR 514.09(2)(a)1.1. Identification of the applicable subdivision of sub. (1) (a) under which the proposal falls and a statement requesting review of the proposal under the expedited process outlined in this section. NR 514.09(2)(b)(b) Either the department does not object to the proposed modification within 30 days after receipt of the notice under par. (a), or the department withdraws its objection to the proposal. Notification by the department that it does not consider a proposed plan modification submitted under sub. (1) (a) 10. to pose a low potential risk of adverse impacts on public health or the environment shall be considered to be an objection, and therefore, subject to the dispute resolution process of sub. (3). NR 514.09(2)(c)(c) The department determines the proposal is low risk including, but not limited to the following criteria: improper design of the component or feature being modified could not result in leachate being released outside the limits of waste fill and would not require removal of waste to complete future replacement or repair of the component.
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