NR 665.0301(1)(1) The owner or operator of each new landfill unit, each lateral expansion of a landfill unit, and each replacement of an existing landfill unit shall install 2 or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems in accordance with s. NR 664.0301 (3), unless exempted under s. NR 664.0301 (4), (5), or (6).

NR 665.0301(2)(2) The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months after the department receives the notice.

NR 665.0301(3)(3) The owner or operator of any replacement landfill unit is exempt from sub. (1) if both of the following apply:

NR 665.0301(4)(4) The double liner requirement in sub. (1) may be waived by the department for any monofill, if pars. (a) and (b) 1. or 2. apply:

NR 665.0301(4)(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 665.0301(4)(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 665.0301(5)(5) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of sub. (1) and in good faith compliance with sub. (1) and with guidance documents governing liners and leachate collection systems under sub. (1), no liner or leachate collection system which is different from that which was so installed pursuant to sub. (1) will be required for the unit by the department when issuing the first operating license to the facility, except that the department will not be precluded from requiring installation of a new liner when the department has reason to believe that any liner installed pursuant to the requirements of sub. (1) is leaking.

NR 665.0301(6)(6) 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 665.0301(7)(7) 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 665.0301(8)(8) 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 665.0301(9)(9) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

NR 665.0301 NoteNote: As required by s. NR 665.0013, the waste analysis plan shall include analyses needed to comply with ss. NR 665.0312, 665.0313 and 665.0314. As required by s. NR 665.0073, the owner or operator shall place the results of these analyses in the operating record of the facility.

NR 665.0302(1)(1) The owner or operator of landfill units subject to s. NR 665.0301 (1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0301 (2). Within 60 days of receipt of the notification, the department shall establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section, or extend the review period for up to 30 days. If no action is taken by the department before the original 60 or extended 90 day review periods, the action leakage rate shall be approved as proposed by the owner or operator.

NR 665.0302(2)(2) The department shall approve an action leakage rate for landfill units subject to s. NR 665.0301 (1). 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 665.0302(3)(3) 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 665.0304, 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 665.0304 (2).

NR 665.0303(1)(1) The owner or operator of landfill units subject to s. NR 665.0301 (1) shall develop and keep on site until closure of the facility a response action plan. 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).