Chapter NR 514

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.a. a. Long-term care activities specified under s. NR 514.06 (11).

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 History History: 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 514.08 NR 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 History History: 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 514.09 NR 514.09 Expedited plan modifications.

NR 514.09(1) (1) Applicability.

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)1. 1. Revisions to surface water control systems.

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)3. 3. Soil daily cover.

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)5. 5. Access roads within a landfill.

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)9. 9. Environmental sampling methods.

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 Note Note: 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)1. 1. Enlargement, relocation or expansion of a landfill.

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)3. 3. Termination of groundwater monitoring at any landfill.

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)6. 6. The need for an additional regulatory permit or review under legal authority other than chs. NR 500 to 538.

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)(a)2. 2. A brief description of the proposal.

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.

NR 514.09(2)(d) (d) The appropriate expedited plan modification review fee is paid in accordance with ch. NR 520, Table 3.

NR 514.09(3) (3) Dispute resolution.

NR 514.09(3)(a) (a) If the department objects to a proposed modification under sub. (2), the following procedures shall apply:

NR 514.09(3)(a)1. 1. Within 20 days after the department objects to the proposed modification, the owner or operator may file a request with the secretary of the department for a conference to discuss the reasonableness of the department’s objection to the proposed modification.

NR 514.09(3)(a)2. 2. The secretary may designate appropriate department personnel to confer with the owner or operator regarding the reasonableness of the objection. The designated department personnel shall include supervisory personnel who did not participate in the objection to the proposed modification.

NR 514.09(3)(a)3. 3. The department personnel designated by the secretary shall make arrangements to confer with the owner or operator at the earliest practical time. The department shall promptly notify the owner or operator in writing whether or not the objection to the proposed modification will be withdrawn.

NR 514.09(3)(b) (b) This section does not affect in any manner any other provision of law authorizing administrative or judicial review of a department objection under this section.

NR 514.09 History History: Cr. Register, June, 199, No. 486, eff. 7-1-96; renum. (1) (a) 1. to 10. to be (1) (a) 4. to 13., am. (1) (a) (intro.) and (b) 2., cr. (1) (a) 1. to 3., Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06; CR 21-076: r. (1) (b) 7. Register July 2022 No. 799, eff. 8-1-22.

NR 514.10 NR 514.10 Research, development and demonstration plan. The plan of operation for any landfill which proposes a research, development and demonstration program shall include the items specified in this subsection.

NR 514.10(1) (1) General requirements for research, development and demonstration plans.

NR 514.10(1)(a) (a) No landfill owner or operator may initiate a research, development and demonstration plan without prior approval by the department in writing. Items that research, development and demonstration plans are applicable to may include addition of liquids in addition to leachate and gas condensate from the same landfill for accelerated decomposition of the waste mass, allowing run-on water to flow into the landfill waste mass, and allowing testing of the construction and infiltration performance of alternative final cover systems. The research, development and demonstration plan may be proposed for other measures to be taken to enhance stabilization of the waste mass.

NR 514.10(1)(b) (b) No landfill owner or operator may continue to implement a research, development and demonstration plan beyond any time limit placed in the initial plan approval or any renewal without issuance of written approval by the department. Justification for renewals shall be based upon information in annual and final reports as well as research and findings in technical literature.

NR 514.10(1)(c) (c) Research, development and demonstration plans shall be restricted to licensed solid waste landfills. Landfills for disposal of municipal solid waste shall be designed with a composite liner and a composite capping layer. For existing landfills, the effectiveness of the liner system and leachate collection system shall be demonstrated in the plan. For all landfills, the effectiveness of the liner system and leachate collection system shall be assessed at the end of the testing period, with comparison to the effectiveness of the systems at the start of the testing period.

NR 514.10(1)(d) (d) Research, development and demonstration plans may be submitted for new landfills, expansions of existing landfills or closed landfills.

NR 514.10(1)(e) (e) Research, development and demonstration plans may not include changes to the approved design and construction of subgrade preparation, liner system, leachate collection and removal systems, final cover system, gas and leachate systems outside limits of waste, run-off controls, run-on controls or environmental monitoring systems exterior to the waste mass.

NR 514.10(1)(f) (f) An annual report shall be prepared for each year of the testing period and a final report shall be prepared for the end of the testing period. These reports shall assess the attainment of goals proposed for the process selected for testing, recommend changes, recommend further work, and summarize problems and their resolution. Reports shall include a summary of all monitoring data, testing data and observations of process or effects and shall include recommendations for continuance or termination of the process selected for testing. Annual reports and final reports shall be submitted to the department within 3 months of the anniversary date of the written approval by the department.

NR 514.10(1)(g) (g) Implementation of an approved research, development and demonstration plan shall comply with the specific conditions of approval for the initial testing period and any renewal.

NR 514.10(1)(h) (h) Structures and features exterior to the waste mass or waste final grades shall be removed at the end of the testing period, unless otherwise approved by the department in writing.

NR 514.10(2) (2) Other requirements. A research, development and demonstration plan shall include the following details and specifications. Processes other than adding liquids to the waste mass and leachate recirculation may be practiced in conjunction with the research, development and demonstration plan.

NR 514.10(2)(a) (a) Initial applications for research, development and demonstration plans shall be submitted for review and approval prior to the initiation of the process to be tested. Plans shall specify the process that will be tested, describe preparation and operation of the process, describe waste types and characteristics that the process will affect, describe desired changes and end points that the process is intended to achieve, define testing methods and observations of the process or waste mass that are necessary to assess effectiveness of the process, and include technical literature references and research which support use of the process. The plans shall specify the time period for which the process will be tested. The plans shall specify the additional information, operating experience, data generation or technical developments that the process to be tested is expected to generate.

NR 514.10(2)(b) (b) The test period for the initial application shall be limited to a maximum of 3 years.

NR 514.10(2)(c) (c) Renewals of testing periods shall be limited to a maximum of 3 years each. The maximum number of renewals shall be limited to 6.

NR 514.10(2)(d) (d) Renewals shall require department review and approval of reports of performance and progress on achievement of goals specified in the research, development and demonstration plan.

NR 514.10(2)(e) (e) Research, development and demonstration plans that evaluate introduction of liquids in addition to leachate or gas condensate from the same landfill shall propose measures to be integrated with any approved leachate recirculation plan and compliance with requirements for leachate recirculation.

NR 514.10(2)(f) (f) Research, development and demonstration plans shall include a description of warning symptoms and failure thresholds which will be used to initiate investigation, stand-by, termination, and changes to the process and any other landfill systems that might be affected by the process, such as gas extraction and leachate recirculation. Warning symptoms shall result in a reduction or suspension of liquids addition, leachate recirculation, investigation and changes to be implemented before resuming the process being tested. Failure thresholds shall result in termination of the process being tested, investigation and changes that will be submitted to the department for review and approval in writing prior to resumption of the process being tested.

NR 514.10(2)(g) (g) Research, development and demonstration plans shall include an assessment of manner in which the process to be tested might alter the impact that the landfill may have on human health or environmental quality. The assessment shall include both beneficial and deleterious effects that could result from the process.

NR 514.10(2)(h) (h) Research, development and demonstration plans shall include a geotechnical stability analysis of the waste mass and an assessment of the changes that implementation of the plan are expected to achieve. The geotechnical stability analysis and assessment shall be repeated at the end of testing period, with alteration as needed to include parameters and parameter values derived from field measurements. The plan shall define relevant parameters and techniques for field measurement.

NR 514.10(2)(i) (i) Research, development and demonstration plans shall propose monitoring parameters, frequencies, test methods, instrumentation, record-keeping and reporting to the department for purposes of tracking and verifying goals of the process selected for testing.

NR 514.10(2)(j) (j) Research, development and demonstration plans shall propose monitoring techniques and instrumentation for potential movements of waste mass and settlement of waste mass, including proposed time intervals and instrumentation, pertinent to the process selected for testing.

NR 514.10(2)(k) (k) Research, development and demonstration plans shall propose construction documentation, construction quality control and construction quality assurance measures, and recordkeeping for construction and equipment installation that is part of the process selected for testing.

NR 514.10(2)(L) (L) Research, development and demonstration plans shall propose operating practices and controls, staffing, monitoring parameters and equipment needed to support operations of the process selected for testing.

NR 514.10(2)(m) (m) Research, development and demonstration plans that include aeration of the waste mass shall include a temperature monitoring plan, a fire drill and safety program, instructions for use of liquids for control of temperature and fires in the waste mass, and instructions for investigation and repair of damage to the liner and leachate collection system.

NR 514.10(2)(n) (n) Research, development and demonstration plans for alternate final cover systems shall include side-by-side test sections with approved final cover systems and a means to quantify exfiltration from the alternate final cover and approved final cover test sections.

NR 514.10(3) (3) Termination. The department may require modifications to or immediate termination of the process being tested if any of the following conditions occur:

NR 514.10(3)(a) (a) Significant and persistent odors.

NR 514.10(3)(b) (b) Significant leachate seeps or surface exposure of leachate.

NR 514.10(3)(c) (c) Significant leachate heads on the liner.

NR 514.10(3)(d) (d) Excessively acidic leachate chemistry or gas production rates or other monitoring data indicate poor waste decomposition conditions.

NR 514.10(3)(e) (e) Instability in the waste mass.

NR 514.10(3)(f) (f) Other persistent and deleterious effects.

NR 514.10 History History: CR 04-077: cr. Register November 2005 No. 599, eff. 12-1-05; CR 06-026: r. (1) (b) (intro.), renum. (1) (a) 1. and 2. and (1) (b) 1. to 6. to be (1) (a) to (f) and am. (1) (b) and (f), Register December 2006 No. 612, eff. 1-1-07; CR 18-058: am. (1) (f), (2) (c) Register April 2019 No. 760, eff. 5-1-19.