NR 514.07(7)(j) (j) A description of the circumstances under which leachate will be diverted to a wastewater treatment plant rather than recirculated.
NR 514.07(8) (8) Additional requirements for landfills with extended collection lines.
NR 514.07(8)(a) (a) Landfills shall meet the requirements of pars. (b) to (i) where they will accept municipal solid waste and contain leachate collection lines that exceed 1,200 feet from the end of each cleanout to the toe of the opposite slope. Where the requirements of this subsection differ from other requirements of this chapter, these requirements shall take precedence.
NR 514.07(8)(b) (b) The design calculations required by s. NR 514.06 (14) shall include assessments of the landfill foundation for stability and settlement, using parameters determined from samples taken from borings in the subgrade below the proposed fill area.
NR 514.07(8)(c) (c) The report shall describe the design rationale for the layout of the leachate collection system and its alignment. This description shall include:
NR 514.07(8)(c)1. 1. A discussion of the pipe strength calculations for the design overburden weight and the required pipe materials, including considerations for wet unit weights, densified waste after consolidation and decomposition and the potential use of leachate recirculation.
NR 514.07(8)(c)2. 2. A demonstration that the design minimizes changes in alignment of leachate collection trenches and leachate collection pipe.
NR 514.07(8)(c)3. 3. A hydraulic capacity analysis that demonstrates the ability of the leachate collection system to contain design flows within the collection trench and sump system. The hydraulic capacity analysis shall include the following, at a minimum:
NR 514.07(8)(c)3.a. a. Design specifications for the leachate collection blanket, leachate collection trench dimensions, backfill for the leachate collection trench, slopes of landfill base and sideslopes, slopes of pipe and trenches, and the liner area draining to each sump.
NR 514.07(8)(c)3.b. b. Active filling life assessment based on precipitation rate of 2 inches per month, with and without leachate recirculation.
NR 514.07(8)(c)3.c. c. Post-closure assessment based on hydraulic conductivities of 10 percent or less of the design hydraulic conductivities for the leachate collection blanket and leachate collection trench backfill and an assumed annual leachate collection rate of one inch per year.
NR 514.07(8)(c)3.d. d. Sump dimensions and pump specifications selected to maintain maximum leachate accumulation within the sumps and intersecting leachate collection trenches, with examples of commercially available pumps.
NR 514.07(8)(d) (d) The report shall include the calculations for the maximum anticipated overburden loads as calculated under s. NR 504.06 (6) (e) and selected leachate collection pipe materials to comply with these calculated loads. Calculations shall be performed demonstrating the leachate collection pipe and bedding material as placed possess structural strength to support maximum loads imposed by the overlying materials and equipment. The calculations shall demonstrate that the pipe is designed to maintain its wall integrity and not deform under expected maximum loads to the extent that the loading or deformation negatively affect the performance and cleaning of the leachate collection systems.
NR 514.07(8)(e) (e) Specifications and construction methods for bedding of leachate collection pipes shall be included, to maximize competent support of the pipes, eliminate bridging and maintain design slope of the pipe.
NR 514.07(8)(f) (f) The report shall include specifications for the use of sweep bends at all changes of alignment of leachate collection pipes, construction methods to provide support for pipe and sweep bends, and measures to be taken to minimize obstructions to or friction with pipe cleaning equipment.
NR 514.07(8)(g) (g) The report shall include a construction quality assurance plan to be followed by the registered professional engineer and qualified technician responsible for evaluating construction of the collection trench and leachate collection piping and ensuring that the fabrication and installation meet the design specifications. The construction quality assurance plan shall include continuous observation of all aspects of collection trench construction and collection pipe installation activities by qualified engineers or technicians. The construction quality assurance plan shall include use of observations, survey measurements, and testing frequencies in accordance with those specified in ch. NR 516. The quality assurance plan shall include proposed methods for verifying the acceptability of the collection trench, collection pipe alignment, collection pipe materials and sweep bends, and adaptations by the owner or contractors to unforeseen conditions.
NR 514.07(8)(h) (h) The report shall describe proposed equipment and methods which are capable of inserting cleanout devices through all leachate collection pipes, from insertion at each access point to, at a minimum, the toe of the opposite sideslope.
NR 514.07(8)(i) (i) The report shall include procedures for soil borings and laboratory consolidation testing to verify settlement analyses.
NR 514.07(9)(a)(a) The plan of operation for all new and expanded municipal solid waste landfills submitted to the department after January 1, 2007 shall include a plan for significantly reducing the amount of degradable organic material remaining after site closing in order to materially reduce the amount of time the landfill will take to achieve landfill organic stability. Owners and operators of all municipal solid waste landfills that have a plan of operation approved between January 1, 2004 and January 1, 2007 shall submit a plan modification to the department no later than January 1, 2007 for significantly reducing the amount of degradable organic material remaining after site closing in order to materially reduce the amount of time the landfill will take to achieve landfill organic stability. Owners and operators of all other municipal solid waste landfills at which filling has not exceeded 50% of the landfill's approved capacity by January 1, 2012, shall submit a plan modification to the department no later than January 1, 2012, for significantly reducing the amount of degradable organic material remaining after site closing in order to materially reduce the amount of time the landfill will take to achieve landfill organic stability. Waste that has already been disposed of prior to the date the plan is approved by the department is not subject to the planning requirement, but may be included in the plan at the discretion of the landfill operator.
NR 514.07 Note Note: “Closing" is defined in s. 289.01 (5), Stats., as “the time at which a solid or hazardous waste facility ceases to accept wastes, and includes those actions taken by the owner or operator to prepare the facility for long-term care and to make it suitable for other uses."
NR 514.07(9)(b) (b) Landfill organic stability plans required by this subsection shall include the following information:
NR 514.07(9)(b)1. 1. An overview of the plan.
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)4. 4. A schedule for implementing the plan.
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. 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)1.a. a. Locating CCR inside an enclosure or partial enclosure.
NR 514.07(10)(a)1.b. b. Operating a water sprayer or fogging system.
NR 514.07(10)(a)1.c. c. Reducing fall distances at material drop points.
NR 514.07(10)(a)1.d. d. Using wind barriers, compaction, or vegetative covers.
NR 514.07(10)(a)1.e. e. Establishing and enforcing reduced vehicle speed limits.
NR 514.07(10)(a)1.f. f. Paving and sweeping roads.
NR 514.07(10)(a)1.g. g. Covering trucks transporting CCR.
NR 514.07(10)(a)1.h. h. Reducing or halting operations during high wind events.
NR 514.07(10)(a)1.i. i. Applying a daily or intermediate cover.
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(10)(a)5. 5. The plan shall address the preparation of an annual fugitive dust control report in accordance with s. NR 506.20 (3) (a).
NR 514.07 Note Note: 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)1. 1. A run-on and run-off control system designed in accordance with the requirements under s. NR 504.12 (2).
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)3. 3. Construction procedures and a schedule for construction.
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) (c) A written closure plan in accordance with the requirements under s. NR 514.06 (10) and all of the following:
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)3. 3. A demonstration, including a narrative discussion, of how final closure will meet the performance standards under s. NR 506.083 (6).
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.a. a. Long-term care activities specified under s. NR 514.06 (11).
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 History History: 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.
NR 514.08 NR 514.08Closure 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 History History: 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 514.09 NR 514.09Expedited plan modifications.
NR 514.09(1)(1)Applicability.
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, except those identified in 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, but are not limited to the following:
NR 514.09(1)(a)1. 1. Revisions to surface water control systems.
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)3. 3. Soil daily cover.
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)5. 5. Access roads within a landfill.
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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.