NR 514.07(9)(b)2.2. An initial analysis of the composition and quantity of materials that will be accepted by the landfill, including a classification of organic materials and percentage of organically inert materials, and a description of how the analysis was performed. NR 514.07(9)(b)3.3. A description of measures to be undertaken by the landfill owner or operator, or by others, including diversion to non-landfill management of organic material, pre-landfill mechanical or biological treatment of organic material, or in-landfill treatment of organic material, that will significantly reduce the amount of degradable organic material remaining after site closing and shorten the time the landfill will take to achieve landfill organic stability. NR 514.07(9)(b)5.5. The anticipated outcome of implementing the plan, relative to the landfill organic stability goals in par. (c) and the definition of landfill organic stability in s. NR 500.03 (120g). NR 514.07(9)(b)6.6. A description of how the effectiveness of the implemented plan will be monitored and evaluated. Plans shall include a description of the methods that will be used to monitor and evaluate the progress of the facility in implementing the plan, and measurements or milestones to be used in evaluating progress towards the goals in par. (c) and the plan’s anticipated outcome. NR 514.07(9)(b)7.7. A contingency plan outlining measures to be taken if periodic evaluation of the landfill organic stability efforts indicate the facility is unlikely to achieve the goals in par. (c). NR 514.07(9)(c)(c) The objective of landfill organic stability plans is achievement of all of the measured goals in subds. 1. to 4. The department may not interpret the goals in subds. 1. to 4. as enforceable environmental quality standards: NR 514.07(9)(c)1.1. A monthly average total methane plus carbon dioxide gas production rate less than or equal to 5% of the maximum monthly average total gas production rate observed during the life of the facility, or less than 7.5 cubic feet of total gas per year for each cubic yard of waste in the facility. NR 514.07(9)(c)2.2. A steady downward trend in the rate of total methane plus carbon dioxide gas production. NR 514.07(9)(c)3.3. Production of total methane plus carbon dioxide gas cumulatively representing 75% or greater of the projected total gas production of the landfilled waste. NR 514.07(9)(c)4.4. Reduction of the time necessary to reach landfill organic stability to 40 years or less after site closing. NR 514.07(9)(d)(d) The landfill owner or operator shall continually evaluate the performance of the implemented landfill organic stability plan, and report progress, results, changes in waste composition and problems to the department no less frequently than annually. The first annual report is due 12 months after the department’s approval of the landfill organic stability plan. The department may approve an alternative reporting schedule. Each annual report shall include an evaluation of whether changes are needed in the plan to correct problems or improve results. In addition, the landfill owner or operator may update the contingency plan. NR 514.07(9)(e)(e) The landfill owner or operator shall examine progress against the approved plan every 5 years to evaluate the likelihood that the plan will enable the facility to reach the goals in par. (c), and determine whether the contingency plan in par. (b) 7. will be implemented. A report describing the evaluation and determination shall be submitted to the department as part of the annual report for that year. The department may require that the contingency plan be implemented if its review finds that the progress the landfill has made is significantly different than the approved plan. NR 514.07(9)(f)(f) If the landfill owner or operator submits the landfill organic stability plan as a modification to an existing plan of operation, the department shall either approve or disapprove the plan modification in writing within 90 days after submission of a complete plan. If the landfill organic stability plan is included by the operator as part of a new plan of operation, the review times in s. NR 514.04 (5) shall apply. NR 514.07(10)(10) Additional requirements for CCR landfills. The owner or operator of a new or existing CCR landfill or lateral expansion of a CCR landfill shall update the plan of operation every 10 years during the landfill’s active life to comply with regulations in place at the time of the update. The plan of operation update will be considered a plan of operation modification, but shall follow the completeness, review times, and pre-plan of operation submittal public meeting requirements under s. NR 514.04. The plan of operation for all CCR landfills shall include all of the following: NR 514.07(10)(a)(a) A CCR fugitive dust control plan in accordance with all of the following: NR 514.07(10)(a)1.1. The plan shall identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility and procedures to log citizen complaints received by the owner or operator involving CCR fugitive dust events at the facility. The owner or operator shall select and include in the CCR fugitive dust control plan the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Control measures may include any of the following: NR 514.07(10)(a)2.2. The plan shall include procedures to wet CCR with water to a moisture content that will prevent wind dispersal but will not result in free liquids. In lieu of water, wetting of CCR may be accomplished with an appropriate chemical dust suppression agent. NR 514.07(10)(a)3.3. The plan shall include a description of the procedures the owner or operator will follow to periodically assess the effectiveness of the control plan. At a minimum, the assessment shall include a visual inspection at least every 7 days, unless the CCR landfill is inactive and all areas are covered by intermediate or final cover. NR 514.07(10)(a)4.4. The plan shall be modified in accordance with s. NR 514.04 (6) whenever there is a change in conditions that may substantially affect the plan of operation. NR 514.07 NoteNote: The requirements under par. (a) apply in addition to, not in place of, any applicable standards under the federal Occupational Safety and Health Act.
NR 514.07(10)(b)(b) A run-on and run-off control system plan that includes all of the following: NR 514.07(10)(b)2.2. Plan sheets depicting the location of run-on and run-off control features, detail drawings, and supporting engineering calculations. NR 514.07(10)(b)4.4. Modification every 5 years from the date of the most recent plan approval or whenever there is a change in conditions that may substantially affect the written plan in effect. The modification shall be requested by the owner or operator in accordance with s. NR 514.04 (6) prior to the 5-year deadline. NR 514.07(10)(c)1.1. A narrative description of how the CCR landfill will be closed, including a description of the steps necessary to close the CCR unit at any point during the active life of the CCR unit, consistent with recognized and generally accepted good engineering practices. NR 514.07(10)(c)2.2. A description of the final cover system, designed in accordance with s. NR 504.07, and the methods and procedures to be used to install the final cover. NR 514.07(10)(c)4.4. An estimate of the maximum volume in cubic yards of CCR that will be disposed on-site over the active life of the CCR landfill. NR 514.07(10)(c)5.5. An estimate of the largest area of the CCR landfill that will require a final cover at any time during the CCR landfill’s active life. NR 514.07(10)(c)6.6. A schedule for completion of all closure activities, including an estimate of the year in which all closure activities for the CCR landfill will be completed. The schedule shall provide sufficient information to describe the sequential steps that will be taken to close the CCR landfill, including identification of major milestones such as coordinating with other agencies and obtaining other necessary approvals or permits, installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR landfill closure. If the estimated timeframes to complete closure exceed the timeframes specified under s. NR 506.083 (3) (a), the plan shall include the site-specific information, factors and considerations that support any time extension. NR 514.07(10)(c)7.7. The plan shall be modified in accordance with s. NR 514.04 (6) whenever there is a change in conditions that may substantially affect the written closure plan or unanticipated events necessitate a revision of the written closure plan. The modification shall be submitted to the department in writing at least 60 days prior to a planned change in the operation of the CCR landfill, or no later than 60 days after an unanticipated event requires the need to revise an existing written closure plan. If a written closure plan is revised after closure activities have commenced for a CCR landfill, the owner or operator shall submit the modification request to the department no later than 30 days following the triggering event. NR 514.07(10)(c)8.8. If closure of the CCR landfill will be accomplished through removal of CCR from the CCR landfill, the closure plan shall be modified and approved by the department prior to implementation in accordance with s. NR 514.04 (6). The closure plan shall include a description of the procedures to remove the CCR and decontaminate all areas affected by the CCR landfill in accordance with s. NR 506.08 (5). NR 514.07(10)(d)(d) A written long-term care plan that addresses all of the following: NR 514.07(10)(d)1.1. A description of the monitoring and maintenance activities and the frequency at which those activities will be performed. The activities shall include, at a minimum, all of the following: NR 514.07(10)(d)1.b.b. Maintaining the integrity and effectiveness of the final cover system, including making repairs to the final cover as necessary to correct the effects of settlement, subsidence, erosion or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover. NR 514.07(10)(d)1.c.c. Maintaining the effectiveness of the leachate collection and removal system and operating the leachate collection and removal system in accordance with the requirements under s. NR 504.12 (3) (a). NR 514.07(10)(d)1.d.d. Maintaining the groundwater monitoring system and monitoring the groundwater in accordance with ch. NR 507 and the sampling plan approval. NR 514.07(10)(d)2.2. The name, address, telephone number, and email address of the person or office to contact about the facility during long-term care. NR 514.07(10)(d)3.3. A description of the planned uses of the property during long-term care. Post-closure uses may not disturb the integrity of the final cover, liner, or any other component of the landfill, or the function of the monitoring systems unless approved in writing by the department. A written request for approval as part of the plan of operation submittal or a modification shall include a demonstration that disturbance of the final cover, liner, or other component of the containment system, including any removal of CCR, will not increase the potential threat to human health or the environment. The demonstration shall be certified by a professional engineer in accordance with s. NR 500.05 (4) (a). NR 514.07(10)(e)(e) The long-term care plan under par. (d) may be modified in accordance with s. NR 514.04 (6). The owner or operator shall modify the long-term care plan whenever there is a change in the operation of the CCR landfill that would substantially affect the written long-term care plan in effect; or after long-term care activities have commenced, when unanticipated events necessitate a revision of the written long-term care plan. The modification shall be submitted to the department in writing at least 60 days prior to a planned change in the operation of the CCR landfill, or no later than 60 days after an unanticipated event requires the need to revise an existing long-term care plan. If a written long-term care plan is revised after long-term care activities have commenced for a CCR landfill, the owner or operator shall submit the modification request to the department no later than 30 days following the triggering event. NR 514.07(11)(11) Maximum interim waste grades. The plan of operation for any municipal solid waste landfill that proposes placement of interim waste above final waste grades described in s. NR 514.05 (7) shall include all of the following: NR 514.07(11)(a)(a) The maximum interim waste grades at which waste may be placed. Maximum interim waste grades shall be one of the following: NR 514.07(11)(a)1.1. No more than 5 percent higher than the proposed final waste grades when compared to the depth of waste at that location. NR 514.07(11)(a)2.2. No more than 10 percent higher than the proposed final waste grades when compared to the depth of waste at that location if closure cost estimates under s. NR 520.07 for financial responsibility are provided for removal and disposal of the waste that is higher than 5 percent of the approved final waste grades. NR 514.07(11)(b)(b) A maximum intermediate waste grades plan sheet that indicates the maximum interim waste grades. NR 514.07(11)(c)(c) A corresponding table on a maximum 100-foot grid pattern that includes coordinates and elevations for the top of the leachate collection layer, the proposed final waste grades, the proposed maximum interim waste grade elevations, and waste thickness. NR 514.07(11)(d)(d) A provision for removal of waste from areas that do not settle to the approved final waste grades by the time final cover construction is scheduled to begin for that closure phase. NR 514.07(11)(e)(e) Pipe strength and slope stability calculations that account for the maximum interim waste grades. NR 514.07(12)(12) Abandonment of wells. The plan of operation for a proposed landfill property that includes private water supply wells or groundwater monitoring wells shall include all of the following: NR 514.07(12)(b)(b) Phased abandonment of all groundwater monitoring wells within the proposed limits of waste. Abandonment shall include the removal of well casings and screens in accordance with the requirements of s. NR 141.25 (2) (c) and documentation in accordance with s. NR 507.14 (4). NR 514.07(13)(13) Wetlands and surface waters within proposed limits of waste or support structures. This section does not apply to storm water management structures such as basins and ditches permitted under ch. NR 216, unless otherwise directed by the department in writing. The plan of operation for any proposed landfill or expansion of an existing landfill that has wetlands or surface waters within the proposed limits of waste or in other areas proposed to be directly filled or excavated shall include all of the following: NR 514.07(13)(a)(a) A copy of any navigable waters permit under ch. 30 or 281, Stats., and section 404 of the federal Clean Water Act (33 USC 1344) and any water quality certification under chs. NR 103 and 299 that have been obtained; or a department and U.S. Army Corps of Engineers written determination that a permit is not required for each proposed activity related to each identified surface water and an explanation of how the plan of operation will comply with the conditions of all applicable state and U.S. Army Corps of Engineers surface water permits. NR 514.07(13)(b)(b) A copy of any wetland permit under ch. 281, Stats., and section 404 of the federal Clean Water Act (33 USC 1344) and any water quality certification under chs. NR 103 and 299 that have been obtained; or a department and U.S. Army Corps of Engineers written determination that a permit is not required for each proposed activity related to each identified wetland and an explanation of how the plan of operation will comply with the conditions of all applicable state and U.S. Army Corps of Engineers wetland permits. NR 514.07(13)(c)(c) The proposed redesign if a landfill has a condition of feasibility that requires redesign of the landfill limits of waste and landfill-related features to avoid unpermitted wetland or surface water discharges. The proposed redesign shall include a minimum 50-foot undisturbed separation from the delineated wetlands to all perimeter support berms, access roads, drainage ditch boundaries, soil stockpiles, and all other landfill features, unless otherwise approved by the department. The limits of waste shall not be extended vertically or horizontally, and the design capacity shall not be increased beyond that approved in the ch. NR 512 feasibility determination. NR 514.07(14)(14) Impacts to wetland functional values. The plan of operation for any proposed landfill or expansion of an existing landfill shall include a plan for implementing protective measures and actions to avoid significant adverse impacts during construction and operation activities to functional values of nearby wetlands described in the feasibility report or environmental analysis of ch. NR 512. NR 514.07 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (2) (b) made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1994, No. 461; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; CR 04-077: cr. (1) (L), (6) (c) and (7) to (9) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (1), cr. (6m) Register January 2006 No. 601, eff. 2-1-06; correction made under s. 13.93 (2m) (b) 1., Stats., Register January 2006 No. 601: CR 06-026: am. (7) (c) and (i), renum. (9) to be (9) (a) and am., cr. (9) (b) to (f), Register December 2006 No. 612, eff. 1-1-07; CR 21-076: cr. (10) Register July 2022 No. 799, eff. 8-1-22; correction in (8) (c) 3. c., (10) (intro.), (a) 1. d. made under s. 35.17, Stats., and correction in (10) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799; CR 24-063: renum. (1) (i) to (1) (i) 1., 2. and am., am. (1) (j), (3), (intro.), renum. (6m) (intro.) to (6m) (intro.), (am) (intro.) and am., renum. (6m) (a) to (e) to be to (6m) (am) 1. to 5. and, as renumbered, am. (6m) (am) 3. (intro.), 4., 5., cr. (6m) (bm) to (hm), am. (10) (a) 1. (intro.), cr. (11) to (14) Register September 2025 No. 837, eff. 10-1-25; correction in (3) (intro.) made under s. 35.17, Stats., and correction in (6m) (am) 5., (13) (a) made under s. 13.92 (4) (b) 7., Stats., Register September 2025 No. 837. NR 514.08NR 514.08 Closure plans. Closure plans may be required by the department for solid waste disposal facilities which do not have an approved plan of operation under s. 289.30, Stats., or which are required by order or approval to develop a closure plan, as remediation for groundwater or surface water contamination, or to control gas migration. Closure plans shall present the complete plans and engineering analysis necessary for evaluation of the design, remaining operation, monitoring, closure and post closure care of the facility. These closure plans shall address all the requirements of s. NR 506.08. The department may require that the plans address any or all of the information contained in chs. NR 504, 507, 508, 512, 514 and 516. NR 514.08 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; am. Register, August, 1997, No. 500, eff. 9-1-97. NR 514.09NR 514.09 Expedited plan modifications. NR 514.09(1)(a)(a) If an expedited plan modification is requested by an owner or operator, this section applies to all proposals that can be determined by the department to be low risk to modify provisions in approved plans of operation or closure plans, except those identified under par. (b), that would not result in a violation of a statute or administrative rule, and would not require issuance of an exemption by the department. Modifications to which this section applies include the following: NR 514.09(1)(a)2.2. Use of an alternate borrow source, other than for landfill liner material, following the department’s performance of an initial site inspection of the borrow source. NR 514.09(1)(a)4.4. Use of foundry sand, bottom ash or papermill sludge for alternate daily cover material. Also, if soil daily cover will be placed at the end of each operating week, use of tarps, geotextiles, spray-on foams and similar alternate daily cover materials. NR 514.09(1)(a)6.6. Waste filling or closure sequence, if the unclosed area of the landfill would not be increased at any point in the landfill’s remaining operational life relative to the existing approved plan. NR 514.09(1)(a)7.7. Minor changes in design and material substitutions for gas extraction systems or leachate head wells, that do not include changes to the gas flare design, and do not include a reduced number of gas extraction wells or leachate head wells within a particular phase of the landfill. Also, replacement of damaged or nonfunctional features of gas extraction systems or leachate head wells that do not involve significant changes in design, location or materials of construction. NR 514.09(1)(a)8.8. Installation, abandonment or sampling of groundwater, gas or leachate monitoring devices not required in the existing approved plan. NR 514.09(1)(a)10.10. Except as provided under par. (b), other modifications determined by the department to pose low potential risk of adverse impacts on public health or the environment. NR 514.09 NoteNote: No approvals are necessary when a landfill owner initiates a contaminant investigation or assessment monitoring according to chs. NR 507 and 508. However, if an alternate assessment plan is proposed under s. NR 508.05 (2), the landfill owner must request an approval under that section. NR 514.09(1)(b)(b) This section does not apply to proposals to modify approved plans of operation or closure plans that would result in any of the following:
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