Chapter NR 514

Register December 2006 No. 612

Chapter NR 514

PLAN OF OPERATION AND CLOSURE PLANS FOR LANDFILLS

NR 514.01   Purpose.

NR 514.02   Applicability.

NR 514.03   Definitions.

NR 514.04   Procedural requirements.

NR 514.045   Procedural requirements for initial permitting of CCR landfills.

NR 514.05   Engineering plans.

NR 514.06   Operations manual and design report.

NR 514.07   Miscellaneous requirements for plans of operation.

NR 514.08   Closure plans.

NR 514.09   Expedited plan modifications.

NR 514.10   Research, development and demonstration plan.

Ch. NR 514 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 514.01 NR 514.01 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 for preparation of plans of operation and closure plans for landfills. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats.

NR 514.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96.

NR 514.02 NR 514.02 Applicability.

NR 514.02(1) (1) 

NR 514.02(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 514.02(1)(b) (b) This chapter does not govern any of the following:

NR 514.02(1)(b)1. 1. Small size and intermediate size construction and demolition waste landfills regulated under ch. NR 503, hazardous waste facilities as defined under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679.

NR 514.02(1)(b)2. 2. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.

NR 514.02(1)(b)3. 3. 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 514.02(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 514.02 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 18-058: am. (1) Register April 2019 No. 760, eff. 5-1-19; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 3. and am., cr. (b) (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 514.03 NR 514.03 Definitions. The terms used in this chapter are defined in s. NR 500.03.

NR 514.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 514.04 NR 514.04 Procedural requirements.

NR 514.04(1) (1) General. No person may establish or construct a landfill or expand a landfill until a plan of operation has been submitted in accordance with s. NR 500.05 and this chapter and has been approved in writing by the department. No person may establish, construct or close an approved landfill except in accordance with this chapter, s. NR 506.08 and with the approved plan of operation. No person may submit a plan of operation for a new or expanded landfill prior to the submittal of a feasibility report by that person.

NR 514.04(2) (2) Data presentation. All plans of operation for landfills shall contain the complete plans and specifications necessary for construction, operation, monitoring, closing and long-term care. These documents shall be used for the day-to-day construction, operation and closure of the landfill and shall be presented in a manner that is clear and understandable.

NR 514.04(3) (3) Noncompliance with plans or orders. The plan of operation shall identify all persons owning a 10 percent or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant. The plan of operation shall also identify all other Wisconsin solid or hazardous waste facilities for which the applicant or any identified person is named in, or subject to an order or plan approval issued by the department. In addition, the plan of operation shall identify all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or any identified person owns or previously owned a 10 percent or greater legal or equitable interest or a 10 percent or greater interest in the assets and include a statement indicating whether or not all plan approvals and orders relating to all identified facilities are being complied with.

NR 514.04 Note Note: If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s. 289.34 (3), Stats., to assure that compliance is achieved.

NR 514.04(4) (4) Completeness. Within 30 days after a plan of operation is submitted or, if the plan of operation is submitted with the feasibility report, within 30 days after the department issues notice that the feasibility report is complete, the department shall provide written notification to the applicant and any other person who has filed a written request whether or not the plan of operation is complete. If the submittal is deemed incomplete, the department will specify the information which shall be submitted before the plan may be deemed complete. The department will determine if the plan of operation is complete by determining whether or not the minimum requirements of this chapter and the conditions of any feasibility approval have been met. The department may require the applicant to submit additional information after determining that the plan of operation is complete if the department establishes that the plan of operation is insufficient without the additional information.

NR 514.04(5) (5) Review times. The department may not approve or disapprove a plan of operation until after the applicant obtains a favorable determination of feasibility for the landfill. The department shall either approve or disapprove the plan in writing within 90 days after submission of a complete plan of operation or within 60 days after a favorable determination of feasibility, whichever is later.

NR 514.04(6) (6) Plan approval modifications. Except as provided under s. NR 514.09, proposed changes to the approved plan shall be submitted to and approved by the department prior to implementation.

NR 514.04(7) (7) Discretionary pre-plan of operation submittal public meeting.

NR 514.04(7)(a) (a) After a feasibility determination is issued by the department, the owner or operator of a proposed CCR landfill shall notify the department at least 30 days prior to the submittal of a plan of operation to the department and post the draft plan of operation on its publicly accessible internet site. The department shall post the draft plan of operation on its internet site and shall hold a public meeting if within 30 days after posting the draft plan of operation on the department’s internet site any county, city, village or town, the applicant, or any 6 or more persons file a written request for a public meeting with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.

NR 514.04(7)(b) (b) The department shall post notice of the public meeting and the draft plan of operation report on the department’s internet site at least 30 days prior to the meeting, and the owner or operator shall also post the notice and the draft plan of operation on its publicly accessible internet site. Additionally, the department shall post a written notice of the public meeting at the department office closest to the location of the proposed CCR landfill. Written notice shall be provided by the department to any interested party identified in the department’s feasibility determination. At the public meeting the department shall solicit public comments on the draft plan of operation report.

NR 514.04(8) (8) Discretionary pre-plan of operation modification public meeting.

NR 514.04(8)(a) (a) Excluding the plan of operation modification for initial permitting under s. NR 514.045, the owner or operator of a CCR landfill shall notify the department at least 30 days prior to the submittal of a plan of operation modification affecting the closure plan, liner system, leachate system, or changes that reduce the stringency of groundwater monitoring requirements to the department and post the draft plan of operation modification on its publicly accessible internet site. The department shall post the draft plan of operation modification on its internet site and shall hold a public meeting if within 30 days after posting the draft plan of operation on the department’s internet site, any county, city, village or town, the applicant, or any 6 or more persons file a written request for a public meeting with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.

NR 514.04(8)(b) (b) If the department determines that a public meeting will be held, the department shall post notice of the public meeting and the draft plan of operation modification report on the department’s internet site at least 30 days prior to the meeting, and the owner or operator shall also post the notice and the draft plan of operation modification on its publicly accessible internet site. Additionally, the department shall post a written notice of the public meeting at the department office closest to the location of the proposed CCR landfill. At the public meeting, the department shall solicit public comments on the draft plan of operation modification report.

NR 514.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96; renum. (3) to (5) to be (4) to (6), cr. (3), Register, September, 1998, No. 513, eff. 10-1-98; CR 18-058: am. (3) Register April 2019 No. 760, eff. 5-1-19; CR 21-076: cr. (7), (8) Register July 2022 No. 799, eff. 8-1-22; correction (3), (7) (a), (8) (a) made under s. 35.17, Stats., Register July 2022 No. 799.

NR 514.045 NR 514.045 Procedural requirements for initial permitting of CCR landfills.

NR 514.045(1) (1) General. An owner or operator of a new or existing CCR landfill that is licensed or constructed prior to August 1, 2022, shall submit a plan of operation modification to the department no later than February 1, 2023, to update the plan of operation to comply with the applicable requirements under chs. NR 500 to 520 for CCR landfills. The plan of operation modification shall address all phases of the CCR landfill. At a minimum, the plan of operation modification shall include all of the following:

NR 514.045(1)(a) (a) A plan that meets the requirements under s. NR 500.05, including the certifications required under s. NR 500.05 (4).

NR 514.045(1)(b) (b) A demonstration that all phases of the CCR landfill meet the performance criteria under s. NR 504.04 (4) (a), (b), and (c).

NR 514.045(1)(c) (c) A demonstration that all phases of the CCR landfill meet the locational criteria under s. NR 504.04 (3) (g), (h), and (i). The demonstration shall address all of the following factors, at a minimum, when determining whether an area is unstable:

NR 514.045(1)(c)1. 1. On-site or local soil conditions that may result in significant differential settling.

NR 514.045(1)(c)2. 2. On-site or local geologic or geomorphologic features.

NR 514.045(1)(c)3. 3. On-site or local human-made features or events both surface and subsurface.

NR 514.045(1)(d) (d) A demonstration that the facility or practices near floodplains may not restrict the flow of the regional flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human life, wildlife, or land or water resources.

NR 514.045(1)(e) (e) A demonstration that the facility or practices may not result in the destruction or adverse modifications of the critical habitat of endangered or threatened species as identified under s. NR 27.03 (1).

NR 514.045(1)(f) (f) A demonstration that the CCR landfill design meets requirements under s. NR 504.12 or an alternate design under s. NR 504.10. The demonstration shall include a design report, engineering drawings, and calculations.

NR 514.045(1)(g) (g) The plans required under s. NR 514.07 (10).

NR 514.045(1)(h) (h) A demonstration that the CCR groundwater monitoring system complies with the requirements under s. NR 507.15 (3), including documentation of the design, installation, and development of any CCR wells.

NR 514.045(1)(i) (i) An updated sampling plan that addresses the requirements under s. NR 507.15 (3).

NR 514.045(2) (2) Completeness. Within 90 days after the owner or operator of a new or existing CCR landfill submits a plan of operation modification, the department shall provide written notification to the owner or operator, and any other person who has filed a written request, whether or not the plan of operation modification is complete. If the submittal is determined to be incomplete, the department shall specify the information that shall be submitted before the plan may be deemed complete. The department shall determine if the plan of operation modification is complete by determining whether or not the minimum requirements of this chapter have been met. The department may require the applicant to submit additional information at any time, including after determining that the plan of operation is complete, if the department establishes that the plan of operation is insufficient without the additional information. If the owner or operator submits additional information that substantially differs from the complete submittal, the procedures under this subsection and sub. (3) shall be repeated.

NR 514.045(3) (3) Notification of completeness, public meeting and public comment period. After the department determines the report is complete, the department shall publish a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists, in a newspaper likely to give notice in the area of the landfill, and shall publish the notice on its internet site. A copy of the plan of operation modification submittal shall also be published on the department’s internet site during the comment period. The notice shall include a statement that the plan of operation modification for initial permitting of the CCR landfill is complete. The notice shall invite the submission of written comments by any person within 60 days after the notice is published. The department shall hold a virtual or in person public meeting during the 60-day comment period to receive oral comments on the complete submittal.

NR 514.045 Note Note: Section NR 506.17 (3) (d) 1. requires an owner or operator to publicly notice the plan of operation modification submittal and the department’s final decision documents, including the notification of completeness, on the owner or operator’s publicly accessible internet site.

NR 514.045(4) (4) Draft decision and review times. The department shall issue a draft decision on the plan of operation modification to the owner or operator in writing within 60 days after the completion of the public comment period under sub. (3). The draft decision shall include a written response to comments received under sub. (3). The draft decision shall be published on the department’s internet site for 30 days for public comments. The department shall issue a final decision within 30 days following the end of the 30-day public comment period on the draft decision.

NR 514.045(5) (5) Failure to demonstrate compliance with locational criteria.