NR 503.09(3)(a)(a) The owner or operator of a small size construction and demolition waste landfill shall develop and submit to the department for approval a waste screening and handling plan that contains the following:

NR 503.09(3)(b)(b) The owner or operator of a small size construction and demolition waste landfill which began initial operation prior to July 1, 1996, shall submit a waste screening and handling plan to the department no later than 3 months after July 1, 1996, for approval. Small size construction and demolition waste landfills which did not begin operation prior to July 1, 1996, may not accept waste until a waste screening plan is approved in writing by the department.

NR 503.09(4)(4) Design and operational requirements. Any person operating a small size construction and demolition waste landfill shall meet the following operational requirements, and comply with the terms and conditions of the plan approval for the landfill.

NR 503.09(4)(a)(a) The landfill shall be operated, maintained and closed in a nuisance-free manner. Screening shall be provided from all residences within 1/4 mile of the waste handling areas unless this requirement is waived in writing by the department.

NR 503.09(4)(b)(b) A minimum 10-foot separation distance from the base of the landfill to the water table or bedrock shall be maintained unless the disposal facility is in a clay soil environment.

NR 503.09(5)(5) Construction documentation report. The department may require the owner or operator to submit a construction documentation report for any small size construction and demolition waste landfill. When a documentation report is required it shall be prepared in accordance with the department’s plan approval and s. NR 500.05. Operation of the landfill may not begin until the report is approved in writing by the department.

NR 503.09(6)(6) Environmental monitoring. The owner or operator of a landfill approved under this section shall establish an environmental monitoring program under this subsection. The department may require installation of additional monitoring devices, additions to the groundwater sampling and analysis programs, gas and leachate monitoring and provisions to protect against the detrimental effects of leachate and gas migration. At a minimum, the monitoring program shall include the following:

NR 503.09(6)(a)(a) Water table observation wells shall be installed to adequately define the water table, hydraulic gradients and groundwater quality. At a minimum, 3 water table observation wells shall be installed. The well locations shall be chosen in an effort to place one well upgradient and the other 2 downgradient at the proposed landfill.

NR 503.09(6)(c)(c) A minimum of 2 samples with at least 30 days between sampling rounds, shall be collected and analyzed and the results shall be submitted with the proposal for constructing the small demolition landfill. Two additional samples, with at least 30 days between sampling rounds, shall be collected and analyzed for any parameters listed in Table 1 which exceeded preventive action limits established in Table 1 of NR 140 during either of the first 2 rounds.

NR 503.09(6)(d)(d) If additional samples are required under par. (c), the results of the 2 additional samples shall be submitted in the construction documentation report for the small demolition landfill.

NR 503.09(6)(f)(f) Detection groundwater monitoring shall be established at each monitoring well. Detection monitoring shall begin following the first acceptance of waste. Each well shall be sampled semi-annually and tested for the parameters listed in column 1 of Table 1 unless otherwise approved in writing by the department. All test results shall be submitted to the department in accordance with ch. NR 507.

NR 503.09(7)(7) Closure requirements. Any person who operates or maintains a small size construction and demolition waste landfill, or who permits the use of property for such purposes shall close the landfill within 90 days after disposal ends or when the design capacity is reached, whichever occurs first, in accordance with the approved plan of operation and the following:

NR 503.09(7)(a)(a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. Fine grain soils shall be utilized to minimize infiltration unless this requirement is waived in writing by the department. Top slopes shall be no less than 2%. Side slopes shall be no steeper than 33%.

NR 503.09(7)(b)(b) Storm water shall be diverted to limit the potential for erosion and sedimentation. Wherever possible, storm water shall be diverted around previously filled areas. Where it is necessary to divert drainage over previously filled areas, the department may require that drainage be conveyed by clay lined drainage swales having a minimum thickness of 2 feet.

NR 503.09(7)(d)(d) Seeding, fertilizing and mulching of the finished surface shall be accomplished in accordance with the landfill’s final use. The seed type and amount of fertilizer shall be selected depending on the type and quality of topsoil and compatibility with native vegetation.

NR 503.09(8)(8) Expansions. Except as provided under s. NR 503.10 (8) (b), any person who wishes to expand an existing small size construction and demolition waste landfill shall comply with all provisions of this section. The department shall interpret expansions to include the establishment of any new landfill within 1/4 mile of an existing landfill regulated under this chapter. In no case may the combined design capacity of the original small size construction and demolition waste landfill and all subsequent expansions exceed 50,000 cubic yards. The department may deny any request for an expansion, if in the department’s opinion, the disposal of additional waste may result in a detrimental effect on surface or groundwater or cause or exacerbate an attainment or exceedance of any standard in ch. NR 140. The local geology, hydrology, hydrogeology and typography shall be considered in this decision.