NR 516.01NR 516.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in this state and to outline the requirements regarding testing and construction documentation for solid waste landfills. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats. NR 516.01 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96. NR 516.02(1)(a)(a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all landfills as defined under s. 289.01 (20), Stats., including all CCR landfills and expansions as defined under s. NR 500.03 (26k) and (121m). NR 516.02(2)(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste. NR 516.02 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1994, No. 461; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 4. and am., cr. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799. NR 516.03NR 516.03 Definitions. The terms used in this chapter are defined in s. NR 500.03. NR 516.03 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88. NR 516.04(1)(1) Report preparation. A report documenting all aspects of construction shall be prepared for the initial construction of the landfill; the construction of all subsequent phases or portions thereof; the construction of any storm water, groundwater, leachate or gas control structures; the implementation of remedial actions; and the closure of each major disposal area. Approval of a report which documents the construction of any portion of the base of a landfill shall be obtained from the department prior to initiating disposal operations in the newly established area, unless the department does not issue a determination within 60 days after receiving a complete submittal, along with the appropriate review and construction inspection fees specified in ch. NR 520. NR 516.04(2)(2) Quality assurance. Construction and closure of all landfills shall comply with the following: NR 516.04(2)(a)(a) A registered professional engineer or qualified technician who is directly supervised by a professional engineer shall be continuously on-site and performing assigned quality assurance duties throughout the following: placement and testing of the clay component of the liner and cover systems, installation and testing of the geosynthetic components of liner and cover systems, all aspects of sump and sideslope riser construction or penetrations of the sidewall liner, manhole and tank installation, and placement of the drainage layer or cover soil above the geosynthetic liner. These personnel shall also be on-site to inspect the following activities after their completion: temporary and permanent erosion control measures such as ditches, fencing and sedimentation basins; subbase and leachate collection line undercut excavation and grading; clay liner surface preparation and grading, leachate, lysimeter and gas piping prior to their being covered with soil; piping with tanks, manholes or vaults and installation of instrumentation and controls; and gas extraction well heads. The department may require by written approval that a registered professional engineer be present during other critical construction activities. NR 516.04(2)(b)(b) With respect to par. (a), substitution of personnel shall only occur due to substandard performance, vacations or uncontrollable circumstances such as injury, illness, employee termination or resignation. However, if necessary in order to provide experienced personnel, geomembrane installation quality assurance may be performed by a different registered professional engineer or qualified technician directly supervised by that registered professional engineer. In no case, however, may the personnel performing quality assurance for geomembrane installation be employed by the geomembrane manufacturer, fabricator or installer. Also, where justified by the size of the construction project, multiple registered professional engineers or qualified technicians may perform quality assurance work concurrently. NR 516.04(3)(3) Certification. A certification section shall be included as the first section of any construction documentation report prepared for the construction or closure of a portion of a landfill and shall include the following: NR 516.04(3)(a)(a) The signed certification statement contained in s. NR 500.05 (4) as well as the seal of all registered professional engineers who either performed quality assurance work on the project or supervised qualified technicians who did so. NR 516.04(3)(b)(b) A table clearly identifying each registered professional engineer and qualified technician who performed quality assurance during the construction; which aspects of construction each person provided on site quality assurance for; the number of days each was present at the landfill performing quality assurance work; and the total hours each spent at the site performing quality assurance work. The table shall also clearly identify the registered professional engineer supervising each qualified technician. NR 516.04(3)(c)(c) A second table identifying who prepared each portion of the construction documentation report including both narrative and plan sheets. NR 516.04(3)(d)(d) Separate signed statements by the registered professional engineers identified in sub. (2) certifying to the best of their knowledge, information and belief that the construction of each item identified in the following subdivisions was accomplished in conformance with the approved plans and all applicable solid waste administrative code requirements. All observed deviations shall be explicitly noted and discussed including any changes in materials. This certification may not be construed to be either an implied or express guarantee or warranty regarding the performance of the construction documented in this report. No further qualifications to the certification statement may be made and each statement shall also clearly identify the personal observations, knowledge or other information on which the certification is based. NR 516.04(3)(d)1.1. The clay component of a liner or cap. The statement shall specifically address: NR 516.04(3)(d)1.a.a. The quality of clay material used and the methods utilized in its placement. NR 516.04(3)(d)1.c.c. Preparation of leachate collection trenches, sumps, gas header trenches and any pipe penetrations through the clay component. NR 516.04(3)(d)1.d.d. Preparation of the upper portions of the clay component or soil barrier layer component of a composite–lined or composite–capped landfill for installation of the geomembrane or GCL, including smoothness of the surface, removal of rocks and other foreign objects, and repair of the clay or soil barrier layer surface due to rain, rutting or other damage.