NR 440.74 History History: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (4) (a) 1. d., e., 2. d., e., 3. e. (intro.), (b) 1. d. 2), (8) (h), Register, December, 1995, No. 480, eff. 1-1-96; correction in (4) (b) and (5) (c) made under s. 13.93 (2m) (b) 7., Register, November, 1999, No. 527; corrections in (2) (a) 12., (4) (a) 3. e., 4. b., (5) (g) and (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629.

NR 440.75 NR 440.75 Municipal solid waste landfills.

NR 440.75(1) (1) Applicability and designation of affected facility.

NR 440.75(1)(a) (a) The provisions of this section apply to each municipal solid waste (MSW) landfill that commenced construction, reconstruction or modification on or after May 30, 1991. Physical or operational changes made to an existing MSW landfill solely to comply with 40 CFR part 60 subpart Cc are not considered construction, reconstruction or modification for the purposes of this section.

NR 440.75(1)(b) (b) Activities required by or conducted pursuant to a remedial action under the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601 to 9675); the Resource, Conservation and Recovery Act (42 USC 6901 to 6992k) or chs. NR 700 to 750 are not considered construction, reconstruction or modification for purposes of this section.

NR 440.75(2) (2) Definitions. As used in this section, all terms not defined in this subsection shall have the meanings given in s. NR 440.02 or, for terms not defined in s. NR 440.02, the meanings given in s. NR 400.02. In this section:

NR 440.75(2)(a) (a) “Active collection system” means a gas collection system that uses gas mover equipment.

NR 440.75(2)(b) (b) “Active landfill” means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

NR 440.75(2)(c) (c) “Closed landfill” means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification as prescribed under s. NR 440.07 (1) (d). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

NR 440.75(2)(d) (d) “Closure” means that point in time when a landfill becomes a closed landfill.

NR 440.75(2)(e) (e) “Commercial solid waste” means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.

NR 440.75(2)(f) (f) “Controlled landfill” means any landfill at which collection and control systems are required under this section as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with sub. (3) (b) 2. a.

NR 440.75(2)(g) (g) “Design capacity” means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent operating license issued under s. 289.31, Stats., by the department, plus any in-place waste not accounted for in the most recent license. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation shall include a site specific density, which shall be recalculated annually.

NR 440.75(2)(h) (h) “Disposal facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the disposal of solid waste.

NR 440.75(2)(i) (i) “Emission rate cutoff” means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under this section is required.

NR 440.75(2)(j) (j) “Enclosed combustor” means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air.

NR 440.75(2)(k) (k) “Flare” means an open combustor without enclosure or shroud.

NR 440.75(2)(L) (L) “Gas mover equipment” means the equipment (e.g. a fan, blower or compressor) used to transport landfill gas through the header system.

NR 440.75(2)(m) (m) “Household waste” means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including but not limited to single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).

NR 440.75(2)(n) (n) “Industrial solid waste” means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under 40 CFR part 264 or 265. Industrial solid waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing and foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. Industrial solid waste does not include mining waste or oil and gas waste.

NR 440.75(2)(o) (o) “Interior well” means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.

NR 440.75(2)(p) (p) “Landfill” means an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well or waste pile as those terms are defined under 40 CFR 257.2.

NR 440.75(2)(q) (q) “Lateral expansion” means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

NR 440.75(2)(r) (r) “Modification” means an increase in the volume design capacity of the landfill allowed by an operating license issued under s. 289.31, Stats., by either horizontal or vertical expansion based on its licensed design capacity as of May 30, 1991. Modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion.

NR 440.75(2)(s) (s) “Municipal solid waste landfill” or “MSW landfill” means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of wastes defined under 40 CFR 257.2 such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

NR 440.75(2)(t) (t) “Municipal solid waste landfill emissions” or “MSW landfill emissions” means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

NR 440.75(2)(u) (u) “NMOC” means nonmethane organic compounds, as measured according to the provisions of sub. (5).

NR 440.75(2)(v) (v) “Nondegradable waste” means any waste that does not decompose through chemical breakdown or microbiological activity. Examples include concrete, municipal waste combustor ash and metals.

NR 440.75(2)(w) (w) “Passive collection system” means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.