Chapter NR 664

NR 664.0259(1)(a) (a) The volume and physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere.

NR 664.0259(1)(b) (b) The attenuative properties of underlying and surrounding soils or other materials.

NR 664.0259(1)(c) (c) The mobilizing properties of other materials co-disposed with these wastes.

NR 664.0259(1)(d) (d) The effectiveness of additional treatment, design or monitoring techniques.

NR 664.0259(2) (2) The department may determine that additional design, operating and monitoring requirements are necessary for piles managing hazardous wastes F020, F021, F022, F023, F026 and F027 in order to reduce the possibility of migration of these wastes to groundwater, surface water or air so as to protect human health and the environment.

NR 664.0259 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. M of ch. NR 664 Subchapter M — Land Treatment

NR 664.0270 NR 664.0270 Applicability. Land treatment of any hazardous waste is prohibited. The department may not grant a variance under s. 291.31, Stats., to allow land treatment of any hazardous waste, as identified or listed in ch. NR 661.

NR 664.0270 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

subch. N of ch. NR 664 Subchapter N — Landfills

NR 664.0300 NR 664.0300 Applicability. This subchapter applies to owners and operators of facilities that dispose of hazardous waste in landfills, except as s. NR 664.0001 provides otherwise.

NR 664.0300 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0301 NR 664.0301 Design and operating requirements.

NR 664.0301(1) (1) Any landfill that is not covered by sub. (3) or s. NR 665.0301 (1) shall have a liner system for all portions of the landfill (except for existing portions of the landfill). The liner system shall have both of the following:

NR 664.0301(1)(a) (a) A liner that is designed, constructed and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be all of the following:

NR 664.0301(1)(a)1. 1. Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation and the stress of daily operation.

NR 664.0301(1)(a)2. 2. Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift.

NR 664.0301(1)(a)3. 3. Installed to cover all surrounding earth likely to be in contact with the waste or leachate.

NR 664.0301(1)(b) (b) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained and operated to collect and remove leachate from the landfill. The department shall specify design and operating conditions in the operating license to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be both of the following:

NR 664.0301(1)(b)1. 1. Constructed of materials that are both of the following:

NR 664.0301(1)(b)1.a. a. Chemically resistant to the waste managed in the landfill and the leachate expected to be generated.

NR 664.0301(1)(b)1.b. b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials and any equipment used at the landfill.

NR 664.0301(1)(b)2. 2. Designed and operated to function without clogging through the scheduled closure of the landfill.

NR 664.0301(2) (2) The owner or operator will be exempted from the requirements of sub. (1) if the department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see s. NR 664.0093) into the groundwater or surface water at any future time. In deciding whether to grant an exemption, the department will consider all of the following:

NR 664.0301(2)(a) (a) The nature and quantity of the wastes.

NR 664.0301(2)(b) (b) The proposed alternate design and operation.

NR 664.0301(2)(c) (c) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and groundwater or surface water.

NR 664.0301(2)(d) (d) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to groundwater or surface water.

NR 664.0301(3) (3) The owner or operator of each new landfill unit on which construction commences after June 1, 1995, each lateral expansion of a landfill unit on which construction commences after June 1, 1995, and each replacement of an existing landfill unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system above and between the liners. “Construction commences” is as defined in s. NR 660.10 under “existing facility”.

NR 664.0301(3)(a) (a)

NR 664.0301(3)(a)1. 1. The liner system shall include both of the following:

NR 664.0301(3)(a)1.a. a. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into the liner during the active life and long-term care period.

NR 664.0301(3)(a)1.b. b. A composite bottom liner, consisting of at least 2 components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and long-term care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1´10-7 cm/sec.

NR 664.0301(3)(a)2. 2. The liners shall comply with sub. (1) (a) 1., 2. and 3.

NR 664.0301(3)(b) (b) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated and maintained to collect and remove leachate from the landfill during the active life and long-term care period. The department will specify design and operating conditions in the operating license to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall comply with par. (c) 3. and 4.

NR 664.0301(3)(c) (c) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and long-term care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum, all of the following:

NR 664.0301(3)(c)1. 1. Constructed with a bottom slope of 1% or more.

NR 664.0301(3)(c)2. 2. Constructed of granular drainage materials with a hydraulic conductivity of 1´10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3´10-5 m2/sec or more.

NR 664.0301(3)(c)3. 3. Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials and equipment used at the landfill.

NR 664.0301(3)(c)4. 4. Designed and operated to minimize clogging during the active life and long-term care period.

NR 664.0301(3)(c)5. 5. Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump. The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.

NR 664.0301(3)(d) (d) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.

NR 664.0301(3)(e) (e) The owner or operator of a leak detection system that is not located completely above the seasonal high water table shall demonstrate that the operation of the leak detection system will not be adversely affected by the presence of groundwater.

NR 664.0301(4) (4) The department may approve alternative design or operating practices to those specified in sub. (3) if the owner or operator demonstrates to the department that the design and operating practices, together with location characteristics, will do both of the following:

NR 664.0301(4)(a) (a) Prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the liners and leachate collection and removal systems specified in sub. (3).

NR 664.0301(4)(b) (b) Allow detection of leaks of hazardous constituents through the top liner at least as effectively.

NR 664.0301(5) (5) The double liner requirement in sub. (3) may be waived by the department for any monofill, if pars. (a) and (b) 1. or 2. apply:

NR 664.0301(5)(a) (a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.0024, with EPA hazardous waste numbers D004 to D017.

NR 664.0301(5)(b) (b)

NR 664.0301(5)(b)1. 1. All of the following conditions are met:

NR 664.0301(5)(b)1.a. a. The monofill has at least one liner for which there is no evidence that the liner is leaking.

NR 664.0301(5)(b)1.b. b. The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3).

NR 664.0301(5)(b)1.c. c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25, Stats.

NR 664.0301(5)(b)2. 2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

NR 664.0301(6) (6) The owner or operator of any replacement landfill unit is exempt from sub. (3) if both of the following apply:

NR 664.0301(6)(a) (a) The existing unit was constructed in compliance with the design standards of 42 USC 6924(o)(1)(A)(i) and (5).

NR 664.0301(6)(b) (b) There is no reason to believe that the liner is not functioning as designed.

NR 664.0301(7) (7) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

NR 664.0301(8) (8) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

NR 664.0301(9) (9) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

NR 664.0301(10) (10) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the landfill to control wind dispersal.

NR 664.0301(11) (11) The department shall specify in the operating license all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.

NR 664.0301 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 19-082: am. (5) (a) Register August 2020 No 776.

NR 664.0302 NR 664.0302 Action leakage rate.

NR 664.0302(1) (1) The department shall approve an action leakage rate for landfill units subject to s. NR 664.0301 (3) or (4). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

NR 664.0302(2) (2) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 664.0303 (3), to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the long-term care period when monthly monitoring is required under s. NR 664.0303 (3).

NR 664.0302 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0303 NR 664.0303 Monitoring and inspection.

NR 664.0303(1) (1) During construction or installation, liners (except in the case of existing portions of landfills exempt from s. NR 664.0301 (1)) and cover systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots or foreign materials). Both of the following inspections are required immediately after construction or installation:

NR 664.0303(1)(a) (a) Synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.

NR 664.0303(1)(b) (b) Soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

NR 664.0303(2) (2) While a landfill is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:

NR 664.0303(2)(a) (a) Deterioration, malfunctions or improper operation of run-on and run-off control systems.

NR 664.0303(2)(b) (b) Proper functioning of wind dispersal control systems, where present.

NR 664.0303(2)(c) (c) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

NR 664.0303(3) (3) 

NR 664.0303(3)(a) (a) An owner or operator required to have a leak detection system under s. NR 664.0301 (3) or (4) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

NR 664.0303(3)(b) (b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for 2 consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for 2 consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the long-term care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for 2 consecutive months.

NR 664.0303(3)(c) (c) “Pump operating level” is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions and level that avoids backup into the drainage layer and minimizes head in the sump.

NR 664.0303 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.

NR 664.0304 NR 664.0304 Response actions.

NR 664.0304(1) (1) The owner or operator of landfill units subject to s. NR 664.0301 (3) or (4) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in sub. (2).

NR 664.0304(2) (2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall do all of the following:

NR 664.0304(2)(a) (a) Notify the department in writing of the exceedence within 7 days of the determination.

NR 664.0304(2)(b) (b) Submit a preliminary written assessment to the department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size and cause of any leaks and short-term actions taken and planned.

NR 664.0304(2)(c) (c) Determine to the extent practicable the location, size and cause of any leak.

NR 664.0304(2)(d) (d) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs or controls and whether or not the unit should be closed.

NR 664.0304(2)(e) (e) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks.

NR 664.0304(2)(f) (f) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified pars. (c), (d) and (e), the results of actions taken and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the department a report summarizing the results of any remedial actions taken and actions planned.