Chapter NR 506

NR 506.07(1)(q) (q) A minimum separation distance of 20 feet shall be maintained between the limits of filling and adjacent property or the perimeter of the licensed acreage, whichever is closer at nonapproved facilities as defined in s. 289.01 (24), Stats. At all other facilities, a minimum separation distance of 100 feet shall be maintained between the limits of solid waste filling and the property boundary or the perimeter of the licensed acreage, whichever is closer. The department may require additional separation distance if necessary to provide for vehicle access, drainage, monitoring, gas migration control, separation to adjacent homes or other landfill development factors.

NR 506.07(1)(r) (r) All topsoil within the landfill construction limits shall be salvaged and stored within the property boundaries for use in landfill closure. All stockpiled soil material which is not anticipated to be used within 6 months shall be seeded.

NR 506.07(1)(s) (s) All access roads to the active area of the operation shall be of all-weather construction and shall be maintained in good condition.

NR 506.07(1)(t) (t) All access roads for the use of solid waste hauling trucks shall be constructed with a maximum grade no greater than 10%. The intersection of the access road with an existing highway shall be constructed to provide sufficient sight distance and minimize interference with traffic on existing highways.

NR 506.07(1)(u) (u) No additional waste placement shall occur in areas that have reached waste final grades and received intermediate cover under s. NR 514.07 (3) (b) unless approved by the department in writing.

NR 506.07(2) (2) Sedimentation and erosion control.

NR 506.07(2)(a) (a) All areas of the landfill property, including areas of temporary disturbance, with the potential for off-site migration of sediment shall be designed, constructed and maintained in accordance with the applicable requirements of s. NR 504.09 (1), and technical standards developed under subch. V of ch. NR 151, which include the following:

NR 506.07(2)(a)1. 1. Storm water shall be diverted away from the working area and areas already filled with solid waste.

NR 506.07(2)(a)2. 2. Storm water from upslope areas shall be diverted around disturbed areas to minimize erosion, entrained sediment and the amount of water contacting the disturbed area.

NR 506.07(2)(a)3. 3. The size and duration of disturbances shall be minimized, to the extent practicable, to minimize off-site sediment migration.

NR 506.07(2)(a)4. 4. While the site is disturbed, temporary measures shall be used to trap sediment and off-site sediment migration. This could include gravel breaks or the equivalent to minimize the transport of sediments offsite.

NR 506.07(2)(a)5. 5. Runoff channels shall be protected to prevent scour and erosion that generates sediment.

NR 506.07 Note Note: The technical standards developed by the Wisconsin department of natural resources, runoff management program are available at http://dnr.wi.gov/topic/stormwater/construction/erosion_control.html#7 or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.07(2)(b) (b) Storm water drainage ditches, structures and sedimentation basins shall be cleaned and maintained such that they properly control storm water and limit entrained sediment in accordance with approved engineering designs. The department may waive this requirement on a case by case basis for existing facilities.

NR 506.07(2)(c) (c) All areas of the landfill which will not contain solid waste and are planned for vegetative cover shall be topsoiled, seeded and mulched as soon as practical, but no later than 90 days after completion of construction or by October 15, whichever is earlier and, if construction is completed after September 15, no later than June 15 of the following year. This includes, but is not limited to, the landfill entrance, drainage ditches and surrounding areas. Erosion control measures shall be placed within 30 days after completion of construction. The seed type and amount of fertilizer applied shall be selected according to: the type and quality of topsoil, it’s compatibility with native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and applications rates shall be in accordance with section 630, Wisconsin department of transportation standard specifications for road and bridge construction.

NR 506.07 Note Note: Copies of Wisconsin department of transportation standard specifications for road and bridge construction can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster street, Madison, Wisconsin 53707. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

NR 506.07(3) (3) Waste placement.

NR 506.07(3)(a) (a) Disposal of solid waste shall begin at the edge of each phase. Waste shall be pushed out over the granular blanket. Vehicles may not be driven directly on the granular blanket. Alternative operating procedures may be approved by the department if the consistency of the solid waste prevents vehicular access over a filled area.

NR 506.07(3)(b) (b) Except for portions of the sideslope greater than 10 feet above the base liner, a layer of solid waste at least 4 feet thick or an adequate amount of other frost protection material shall be placed over the granular blanket in all portions of the lined area prior to December 1st of the year following the year the clay portion of the liner was constructed. After this date, solid waste may not be placed on any portion of the base liner or lower 10 feet of the sideslope not covered with a 4-foot thick layer of solid waste or other adequate frost protection material. Those portions of the base liner or lower 10 feet of sideslope not covered with a 4-foot thick layer of solid waste or other frost protection material by this date shall be investigated for density and effects from freeze-thaw as specified by the department and shall be repaired and recertified during the next construction season if required, prior to waste placement. The requirements of this paragraph may be waived by the department.

NR 506.07(3)(c) (c) To provide for maximum compaction after the initial 4-foot lift of waste is placed, each single layer of municipal solid waste shall be spread and compacted in 2-foot layers.

NR 506.07(3)(d) (d) High-volume industrial waste landfills shall have a means to direct storm water to the leachate collection system, or otherwise remove storm water, to prevent ponding within the landfill and ensure that routine operation, maintenance, reaching final waste grades, and closure are not impeded.

NR 506.07(4) (4) Gas control. Effective means shall be utilized to prevent the migration of explosive gases generated by the waste fill as the gases are produced. At no time shall the concentration of explosive gases in any landfill structure, excluding the leachate collection system or gas control and recovery system components, exceed 25 percent of the lower explosive limit for such gases. At no time shall the concentration of explosive gases in the soils outside of the limits of filling, or in the air within 200 feet of or beyond the landfill property boundary, exceed the lower explosive limit for such gases. The department may require the concentration of explosive gases not exceed detectable levels for that gas at the landfill property boundary.

NR 506.07(4g) (4g) Early gas extraction.

NR 506.07(4g)(a) (a) The department may require gas extraction to be performed earlier than as required under s. NR 440.75 (6) (b) or prior to attaining final waste grades, if any of the following conditions occur:

NR 506.07(4g)(a)1. 1. Persistent nuisance odors that are not corrected by adjustments to existing gas extraction methods, if installed, or other means of odor control.

NR 506.07(4g)(a)2. 2. Leachate seeps caused by gas pressure.

NR 506.07(4g)(a)3. 3. Reoccurring surface emissions greater than 500 ppm methane above the background concentration or areas with stressed vegetation on the cover or other physical signs of landfill gas emergence.

NR 506.07(4g)(b) (b) The early gas extraction method may include installation of the active gas extraction system required by s. NR 504.08 (2) or temporary methods approved by the department in writing.

NR 506.07 Note Note: The federal standards of performance for municipal solid waste landfills are available at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-60/subpart-XXX#p-60.762(b)(2)(ii)(C).

NR 506.07(4r) (4r) Performance of gas extraction systems.

NR 506.07(4r)(a) (a) Any active vertical gas extraction well experiencing liquid levels covering 50 percent or more of the screened interval shall be remeasured within 30 days of the initial measurement. The owner or operator shall submit a corrective action plan to the department within 30 days after confirmation of a 2nd consecutive liquid level measurement covering 50 percent or more of the screened interval. The corrective action plan shall include a timeline for implementation of the corrective actions. Corrective actions may include pump installation, gas extraction well replacement, gas extraction well addition, or other actions approved by the department in writing.

NR 506.07(4r)(b) (b) Any active horizontal gas extraction lines that have liquid accumulation or do not have vacuum the full length of the horizontal line shall be remeasured within 30 days of the initial measurement. The owner or operator shall submit a corrective action plan to the department within 30 days after confirmation of liquid accumulation or not having vacuum the full length of the line. The corrective action plan shall include a timeline for implementation of the corrective actions.

NR 506.07(5) (5) Leachate collection systems.

NR 506.07(5)(a) (a) Leachate shall be removed from all collection tanks, manholes, lift stations, sumps, or other structures used for leachate storage as often as necessary to allow for gravity drainage of leachate from the facility at all times or as it is produced, including hours when the landfill is closed, such as overnight and weekends. The leachate head level on the composite liner shall be one foot or less in accordance with s. NR 504.06 (1) (a). Unless the facility has received written approval from the department to recirculate leachate or gas condensate derived from the landfill as provided in s. NR 506.13 (2), all leachate removed from a leachate collection system shall be disposed of at a wastewater treatment facility approved by the department and capable of accepting the leachate in accordance with the requirements of its WPDES permit. The landfill owner or operator shall immediately notify the department of any change in the availability of the designated wastewater treatment facility to accept or dispose of the leachate removed from the landfill. Waste may not be accepted at the landfill unless leachate is being managed in accordance with the landfill’s approved plan of operation and the requirements of this section.

NR 506.07(5)(b) (b) Any liquid that contacts waste or alternate daily cover, or accumulates in a portion of the landfill where active waste disposal operations are occurring, shall be handled as leachate and properly treated as specified under par. (a) unless otherwise approved by the department in writing.

NR 506.07(5)(c) (c) All leachate collection lines shall be cleaned with a water jet cleanout device with a maximum pressure of 10,000 pounds per square inch immediately after construction, and annually thereafter. For high-volume industrial waste landfills, the department may approve a reduction in the frequency of leachate collection line cleaning in writing provided the operator can demonstrate there is no historic record of blockages or other issues with the performance of the lines.

NR 506.07(5)(d) (d) All leachate collection lines shall be cleaned with water jet cleanout devices initially after placement of the leachate drain layer using pipe cleaning procedures that insert cleanout devices from each access point to, at a minimum, the toe of the opposite sideslope.

NR 506.07(5)(e) (e) A video camera inspection shall be conducted on all leachate collection pipes after the initial pipe cleaning activities required in par. (d) and at 5 year intervals, following the annual pipe cleaning required in par. (c). The video camera inspection shall extend a minimum of 300 feet unto the base grades of each leachate collection line.

NR 506.07(5)(f) (f) All blockages of leachate collection pipes, pipe breaks or any impedances to passage of pipe cleaning equipment shall be investigated, defined and a remediation proposed for review and approval by the department.

NR 506.07(5)(g) (g) A summary report shall be submitted after each pipe cleaning and each video camera inspection event. The report shall summarize any specialty equipment or chemicals used in collection pipe cleaning. The report shall include a description of all observations, including recording tape or disk of the video camera inspection. The report shall, at a minimum, include all of the following: a map depicting pipe locations with a table indicating the length of each pipe, the name of each leachate cleanout, the distance cleaned from each leachate cleanout, and the amount of overlap achieved within each pipe. The report shall summarize the investigation of blockages or other difficulties in cleaning pipes. The report shall propose remediation if the leachate collection pipes are not restored to function and blockages are not cleared.

NR 506.07(5)(h) (h) A summary report shall be submitted after the removal of dams or barriers used to separate clean water in a prepared cell from solid waste and leachate. The report shall document the removal of the separation features and the connection of any separated pipe lengths.

NR 506.07(5)(i) (i) All leachate pumps and flow recording devices shall be tested and maintained to ensure that leachate is pumped out of the landfill as it is produced, as required under par. (a), and that the reported leachate flows are accurate.

NR 506.07(7) (7) Phased closure. For all landfills that do not have a department-approved plan for phased development and closure, by October 15th of each year, any areas that are at final grades shall be capped, topsoiled and seeded unless otherwise approved by the department.

NR 506.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (c), r. (1) (d), (j), (o), renum. (1) (e) to (u) to be (1) (d) to (h), (j) to (m), (o) to (t), (2) to (6) to be (3) to (7) and am. (1) (e), (g), (k), (L), (m), (q), (r) and (t), (3) to (7), cr. (1) (i), (2), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (q) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-077: cr. (5) (d) to (h) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (2) (a) (intro.), r. (6) Register January 2006 No. 601, eff. 2-1-06; CR 24-063: cr. (1) (u), (3) (d), am. (4), cr. (4g), (4r), am. (5) (a) to (c), (g), cr. (5) (i) Register September 2025 No. 837, eff. 10-1-25; correction in (4r) (a) made under s. 35.17, Stats., Register September 2025 No. 837.

NR 506.08 NR 506.08 Closure requirements. Any person who maintains or operates a landfill, except a CCR landfill regulated under s. NR 506.083, or who permits use of property for such purpose shall, when the fill area or portion thereof reaches final grade, or when the department determines that closure is required, cease to accept solid waste and close the landfill or portion thereof in accordance with the plan approval issued by the department and all of the following minimum practices unless otherwise approved by the department in writing:

NR 506.08(1) (1) Notification procedures.

NR 506.08(1)(a) (a) At least 120 days prior to closing the landfill, the owner or operator shall notify the department in writing of the intent to close the landfill and the expected date of closure. Prior to this date, the owner or operator shall notify all users of the landfill of the intent to close the landfill so that alternative disposal options can be arranged.

NR 506.08(1)(b) (b) Signs shall be posted at all points of access to the landfill at least 30 days prior to closure indicating the date of closure and alternative disposal facilities. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(1)(c) (c) Notice of the upcoming closure shall be published in a local newspaper at least 30 days prior to closure and a copy of the notice shall be provided to the department within 10 days of the date of publication. Facilities which are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.08(2) (2) General requirements. Within 10 days after ceasing to accept solid waste, the owner or operator shall restrict access by the use of gates, fencing or other appropriate means to insure against further use of the landfill. If the final use allows access, such access shall be restricted until closure has been completed and approved by the department.

NR 506.08(3) (3) Closure. Closure activities shall begin within 30 days after ceasing to accept solid waste. Closure shall be accomplished in the following manner for facilities without a closure plan or plan of operation approved in writing by the department. Placement of final cover in accordance with s. NR 504.07 may be required if the department determines that this type of final cover system is necessary to prevent or abate attainment or exceedance of the groundwater standards contained in ch. NR 140.

NR 506.08(3)(a) (a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth having a hydraulic conductivity of no more than 1x10-5 cm/sec or if the hydraulic conductivity of the underlying soils or any base liner system is less than 1x10-5 cm/sec, then the 2 feet of compacted earth shall have a hydraulic conductivity that is equal to or less than the underlying soils or any base liner system. The final grades shall be sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. The department may require the cover layer to be more than 2 feet thick.

NR 506.08(3)(b) (b) Storm water run-on shall be diverted around all areas used for solid waste disposal to limit the potential for erosion of the cover soils and increased infiltration. Drainage swales conveying storm water runoff over previous solid waste disposal areas shall be lined with a minimum thickness of 2 feet of clay.

NR 506.08(3)(c) (c) The final slopes of the landfill shall be greater than 5%, but may not exceed 4 horizontal to one vertical unless otherwise approved by the department.

NR 506.08(3)(d) (d) The finished surface of the disposal area shall be covered with a minimum of 6 inches of topsoil.

NR 506.08(4) (4) Establishment of vegetation. Within 180 days after ceasing to accept solid waste, or if solid waste termination is after September 15, by June 15 of the following year, the owner or operator shall complete seeding, fertilizing and mulching of the finished surface. The seed type and amount of fertilizer applied shall be selected depending on the type and quality of topsoil and compatibility with both native vegetation and the final use. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall be those specified for right–of–ways in accordance with section 630, Wisconsin department of transportation standard specifications for highway and structure construction.

NR 506.08 Note Note: The department of transportation standard specifications for highway and structure construction is available at https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/rdwy/stndspec.aspx or can be obtained from the department of natural resources, bureau of waste management, P.O. Box 7921, Madison, WI 53707-7921, [e-mail]. Copies are also available for inspection at the office of the legislative reference bureau.

NR 506.08(5) (5) Deed notation. Following closure of a landfill phase that accepted solid waste, the owner or operator shall, within 90 days after closure, submit on form 4400-067 proof that a notation of the existence of the landfill has been recorded in the office of the register of deeds in each county in which a portion of the landfill is located. The notation in the deed shall in perpetuity notify any potential purchaser of the property that the land has been used as a landfill and its use is restricted to prevent disturbing the integrity of the final cover, liner or any other components of the containment system or the function of the monitoring systems.

NR 506.08 Note Note: Form 4400-067 Solid Waste Land Disposal Site Affidavit may be obtained from the department of natural resources, bureau of waste and materials management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [e-mail].

NR 506.08(6) (6) Hazardous air contaminant control. All landfills that have a design capacity of greater than 500,000 cubic yards and have accepted municipal solid waste shall install a department approved system to efficiently collect and combust hazardous air contaminants emitted by the landfill unless the owner can demonstrate that the performance criteria of s. NR 504.04 (4) (f) can be achieved without implementing such a system. Control techniques other than combustion may be approved by the department.

NR 506.08(7) (7) Long-term care license. On completion of the requirements of this section the landfill owner or operator shall apply for a long-term care license.

NR 506.08 Note Note: Form 4400-117 Solid Waste Fcility Closure and Long-Term Care License Application may be obtained from the department of natural resources, bureau of waste and materials management, P.O. Box 7921, Madison, WI 53707-7921, [e-mail].

NR 506.08 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (a), (b), (2), (3) (intro.), (a) to (c), (4), (6), r. and recr. (5), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (4) Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. (intro.) Register July 2022 No. 799, eff. 8-1-22; CR 24-063: am. (3), (5), (6), cr. (7) Register September 2025 No. 837, eff. 10-1-25.

NR 506.081 NR 506.081 Long-term care requirements. Long-term care for all landfills, except a CCR landfill regulated under s. NR 506.084, shall be performed in accordance with the plan of operation approval or closure plan approval issued by the department and all of the following:

NR 506.081(1) (1) Long-term care maintenance requirements. Following closure of a landfill, the owner or operator shall conduct all of the following long-term care requirements for the landfill:

NR 506.081(1)(a) (a) General requirements.

NR 506.081(1)(a)1. 1. Maintain a sign at the point of access to the landfill that includes the landfill name, license number, penalty for unauthorized use, statement that the landfill is closed, and any other pertinent information. Facilities that are operated by and serve only a single waste generator and are not open to the public are exempt from this provision.

NR 506.081(1)(a)2. 2. Restrict unauthorized access by use of gates, fencing, or other appropriate means unless an alternative is approved by the department in writing.

NR 506.081(1)(a)3. 3. Maintain permanent access roads to the landfill.

NR 506.081(1)(a)4. 4. Maintain the landfill property to be free of litter and indiscriminate dumping.

NR 506.081(1)(a)5. 5. Mow annually, at a minimum, to prevent establishment of woody vegetation, unless otherwise approved by the department in writing.

NR 506.081(1)(a)6. 6. Maintain approved vegetation and remove woody vegetation growing on the final cover, within storm water features, structural support features, and on other ancillary landfill features.

NR 506.081 Note Note: For assistance in maintaining approved vegetation, the Wisconsin regulated invasive plant species are listed at https://dnr.wisconsin.gov/topic/Invasives/RegulatedSpecies.

NR 506.081(1)(a)7. 7. Repair any erosion and signs of animal intrusion on the final cover or within storm water features.

NR 506.081(1)(b) (b) Sediment and erosion control. Sediment and erosion control shall be maintained as required under s. NR 506.07 (2).

NR 506.081(1)(c) (c) Gas control. The gas control system shall be maintained as required under s. NR 506.07 (4).

NR 506.081(1)(d) (d) Leachate collection system. The leachate collection system shall be maintained as required under s. NR 506.07 (5) and in accordance with all of the following:

NR 506.081(1)(d)1. 1. The leachate storage tanks shall be cleaned and inspected in accordance with manufacturer recommendations.

NR 506.081(1)(d)2. 2. The secondary containment system shall be monitored as required under s. NR 504.06 (5) (n).

NR 506.081(1)(d)3. 3. The leachate storage tank integrity shall be monitored to ensure that the cathodic protection on the leachate storage tank is working, if applicable.

NR 506.081(1)(d)4. 4. Pressure testing of all leachate forcemains shall be conducted annually.

NR 506.081(1)(e) (e) Monitoring devices. All monitoring devices shall be maintained as required under s. NR 507.04 (3) and (4) and under all of the following:

NR 506.081(1)(e)1. 1. Any permanent groundwater monitoring well no longer being used to gather information on geologic or groundwater properties shall be abandoned within 60 days after its use has been discontinued as required under s. NR 141.25 (1) (b).

NR 506.081(1)(e)2. 2. All monitoring devices shall be inspected at least annually as required under s. NR 507.13.

NR 506.081(1)(e)3. 3. All surface water sampling locations shall be surveyed and permanently and clearly marked as required under s. NR 507.23 (2).

NR 506.081(1)(e)4. 4. Woody vegetation near a monitoring device shall be removed if continued growth of the vegetation may damage the monitoring device.

NR 506.081(1)(f) (f) Abandonment. All monitoring devices shall be abandoned as required under s. NR 507.04 (5).

NR 506.081(1)(g) (g) Final use. Final use shall be restricted as required under s. NR 506.085.

NR 506.081(2) (2) Perpetual long-term care. In accordance with s. 289.41 (1m) (c), Stats., the owner of an approved facility is responsible for the perpetual long-term care of the facility. Long-term care shall be performed in accordance with the plan of operation or closure plan.