NR 506.083(6)(e)(e) Complete closure in the shortest amount of time consistent with recognized and generally accepted good engineering practices.

NR 506.083(7)(7) Alternative closure requirements. An owner or operator that is subject to closure for failure to demonstrate compliance with locational criteria under s. NR 514.045 (5) may continue to receive CCR in the CCR landfill provided the owner or operator meets all of the following:

NR 506.083(7)(a)(a) The owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of an alternative disposal capacity both on-site and off-site of the facility. The owner or operator of the CCR landfill shall document that all of the following conditions have been met:

NR 506.083(7)(a)1.1. No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this subdivision.

NR 506.083(7)(a)2.2. The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subdivision lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible.

NR 506.083(7)(a)3.3. The owner or operator shall remain in compliance with all other operating requirements under ch. NR 506 and the requirements under chs. NR 507 and 508, including the requirement to conduct any necessary corrective action required under s. NR 508.06 (5).

NR 506.083(7)(a)4.4. The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.

NR 506.083(7)(b)(b) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes under subs. (2) and (3).

NR 506.083(7)(c)(c) If no alternative capacity is identified within 5 years after the initial certification, the CCR landfill shall cease receiving CCR and close under subs. (2) and (3).

NR 506.083(7)(d)(d) An owner or operator that closes in accordance with this section shall complete and submit to the department the notices and progress reports in accordance with all of the following:

NR 506.083(7)(d)1.1. Within 6 months of becoming subject to closure, the owner or operator shall prepare and submit a notification of intent to comply with the alternative closure requirements of this section. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions of this section, in addition to providing the required documentation and certifications.

NR 506.083(7)(d)2.2. The owner or operator shall prepare the periodic progress reports required under par. (a) 4., in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:

NR 506.083(7)(d)2.a.a. The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements.

NR 506.083(7)(d)2.b.b. The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.

NR 506.083(7)(d)3.3. The notification and progress reports shall be placed in the written operating record and posted on a publicly accessible internet site under s. NR 506.17 (2) and (3).

NR 506.083 HistoryHistory: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (5) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (a), (7) (a) 3. made under s. 35.17, Stats., Register July 2022 No. 799.

NR 506.084NR 506.084 Long-term care requirements for CCR landfills. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:

NR 506.084(1)(1) Long-term care maintenance requirements. Following closure of the CCR landfill, the owner or operator shall conduct long-term care for the CCR landfill in accordance with the approved long-term care plan required under s. NR 514.07 (10).

NR 506.084(2)(2) Long-term care period. Long-term care of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation, with perpetual long-term care responsibility under s. 289.41 (1m) (c), Stats., and all of the following:

NR 506.084(2)(a)(a) The long-term care period for a CCR landfill is 40 years for purposes of record keeping under s. NR 506.17 (2) and proof of owner financial responsibility under s. NR 520.05.

NR 506.084(2)(b)(b) No later than 60 days following the end of the 40-year long-term care proof period, a notification shall be submitted to the department and placed in the written operating record. The notification shall verify that the landfill is complying with the approved long-term care plan and long-term care requirements. The notification shall include a certification by a professional engineer.

NR 506.084 HistoryHistory: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22.

NR 506.085NR 506.085 Final use. The following activities are prohibited at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing:

NR 506.085(2)(2) Establishment or construction of any buildings over the waste disposal area.

NR 506.085 NoteNote: Activities at closed solid waste disposal facilities shall be restricted in accordance with the applicable transference of responsibility provisions of s. 289.46 (2), Stats.