(254r) “Waste boundary” means a vertical surface located at the hydraulically downgradient limit of a CCR unit and extends down into the uppermost aquifer.
Section 3 NR 500.035 is created to read:
NR 500.035 CCR landfill requirements. (1) The CCR landfill requirements included in chs. NR 500 to 538 apply to an owner or operator of a new or existing CCR landfill, including any lateral expansion of a new or existing CCR landfill that disposes or otherwise engages in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in chs. NR 500 to 538, these requirements also apply to any disposal unit that is not a CCR surface impoundment located off-site of the electric utility or independent power producer. The CCR landfill requirements in chs. NR 500 to 538 also apply to any CCR disposal practice that does not meet the definition of a beneficial use of CCR. (2) The CCR landfill requirements included in chs. NR 500 to 538 do not apply to any of the following: (a) A CCR landfill that ceased receiving CCR prior to October 19, 2015.
(b) An electric utility or independent power producer that has ceased producing electricity prior to October 19, 2015.
(c) Any waste, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated at a facility that is not part of an electric utility or independent power producer, such as a manufacturing facility, university, or hospital.
(d) Fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels and fossil fuels other than coal, for the purpose of generating electricity unless the fuel burned consists of more than 50 percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.
(e) A practice that meets the definition of a beneficial use of CCR.
(f) CCR placement at active or abandoned underground or surface coal mines.
(g) A municipal solid waste landfill that receives CCR.
(h) A CCR surface impoundment.
Section 4 NR 500.05 (intro.) is amended to read:
NR 500.05 General submittal requirements. Unless otherwise specified, all submittals for review and approval of any initial site report, feasibility report, plan of operation site investigation report, remedial action options report, construction documentation report, or closure plan, or any modifications to those plans, shall include all of the following:
Section 5 NR 500.08 (4) is amended to read:
NR 500.08 (4) Exemptions from solid waste rules. Exemptions from the requirements of chs. NR 500 to 538 may be granted in writing by the department in special cases except as otherwise provided. A person may apply for an exemption by providing the department with a written request along with the appropriate documentation which that demonstrates that the proposal will not cause environmental pollution as defined in under s. 299.01 (4), Stats. The department shall take into account such factors as the population of the area being served, the amount of waste being generated, the geologic and hydrogeologic conditions at the facility, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste, and any other information which that may be appropriate. The department shall review and make a written determination on the exemption request within 65 business days after receipt of a complete request and the appropriate review fee under ch. NR 520 unless a different time period is provided by law. An exemption may not be granted if it will result in noncompliance with the minimum federal requirements under Subtitle D. Section 6 NR 504.02 (1) is renumbered NR 504.02 (1) (a) and amended to read:
NR 504.02 Applicability. (1) (a) Except as provided in par. b and except as otherwise provided, this chapter governs all landfills as defined in under s. 289.01 (20), Stats., except landspreading including all CCR landfills and expansions as defined under s. NR 500.03 (26n), and (121m). (b) This chapter does not govern any of the following:
1. Landspreading facilities regulated under ch. NR 518, small demolition waste landfills regulated under ch. NR 503, hazardous waste facilities as defined in under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic. 2. Metallic mining operations for nonferrous minerals as defined in under s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic. 3. Metallic mining operations for ferrous minerals as defined in under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Section 7 NR 504.10 (intro.) is amended to read:
NR 504.10 Alternative design criteria for landfills accepting high volume industrial wastes. This section applies to landfills designed principally for high volume industrial waste, wood residue and minor amounts of other wastes as approved by the department. This section applies to all new landfills and to the expansion of existing landfills for which the plan of operation was approved after February 1, 1988. This section also applies to new and existing CCR landfills and lateral expansions of a CCR landfill.
Section 8 NR 504.10 (3) (g) is created to read:
NR 504.10 (3) (g) For new and existing CCR landfills and any lateral expansion of a CCR landfill, a demonstration that the alternative design meets the federal requirements located under 40 CFR part 257 Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018. Note: The code of federal regulations may be obtained at www.ecfr.gov. Copies of 40 CFR part 257 Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018 are available for inspection at the offices of the department of natural resources and the legislative reference bureau. Section 9 NR 504.12 is created to read:
NR 504.12 Minimum design and construction criteria for CCR landfills.
(1) Applicability. In addition to ss. NR 504.04 to 504.10, applicable to all landfills or landfills accepting high volume industrial waste, this section includes design criteria that are applicable to the construction of a new or existing CCR landfill or a lateral expansion of a CCR landfill. (2) Run-on and run-off controls. An existing or new CCR landfill or any lateral expansion of a CCR landfill shall be designed, constructed, operated, and maintained with a run-off and run-on control system in accordance with the requirements under s. NR 504.09 (1) (f) and (g) and all of the following: (a) A run-on control system shall prevent flow onto the active portion of the CCR landfill during the peak discharge from a 24-hour, 25-year storm.
(b) A run-off control system from the active portion of the CCR landfill shall collect and control, at a minimum, the water volume resulting from a 24-hour, 25-year storm.
(3) Liner Design. (a) A new CCR landfill or a lateral expansion of a CCR landfill shall be designed, constructed, operated, and maintained with a composite liner that meets the requirements under s. NR 504.06 (2) and (3) or s. NR 504.06 (7) and a leachate collection and removal system that meets the requirements under s. NR 504.06 (5) and all of the following: 1. The leachate collection and removal system shall be designed, constructed, operated, and maintained to limit the leachate head level on the liner to one foot or less.
2. The leachate collection and removal system shall be constructed of materials that exhibit all of the following properties:
a. Chemically resistant to the CCR and any non-CCR waste managed in the CCR landfill and the leachate expected to be generated.
b. Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and equipment used at the CCR landfill.
3. The leachate collection and removal system shall be designed and operated to minimize clogging during the active life and during the long-term care of the landfill.
4. A liner that utilizes a GCL and soil barrier layer in accordance with s. NR 504.06 (7) shall be designed to have a liquid flow rate no greater than the liquid flow rate through 2 feet of compacted soil with a hydraulic conductivity of 1 x 10-7 cm/sec. The liquid flow rate comparison shall be made using the following equation, which is derived from Darcy’s Law for gravity flow through porous media: Q/A = q = k (h/t + 1)
Where:
Q = flow rate (cubic centimeters / second).
A = surface area of the liner (squared centimeters).
q= flow rate per unit area (cubic centimeters / second / squared centimeter).
k = hydraulic conductivity of the liner (centimeters / second).
h = hydraulic head above the liner (centimeters).
t = thickness of the liner (centimeters).
(b) A new CCR landfill or a lateral expansion of a CCR landfill shall be designed and constructed with a subbase grade that is located no less than 5 feet above the upper limit of the uppermost aquifer, or shall demonstrate that there will not be an intermittent recurring or sustained hydraulic connection between any portion of the base of the CCR landfill and the uppermost aquifer due to normal fluctuations in groundwater elevations, including the seasonal high water table.
Note: A new CCR landfill or lateral expansion of a CCR landfill is also required to comply with s. NR 504.06 (2) (b) or (4) for zone-of-saturation landfills. The definition of an uppermost aquifer can be found under s. NR 500.03 (246m). (c) A new CCR landfill or a lateral expansion of a CCR landfill may not be constructed over a closed CCR surface impoundment.
(4) Final cover system. (a) A new or existing CCR landfill or a lateral expansion of a CCR landfill shall be designed and constructed with a final cover system that meets the requirements under s. NR 504.07. (b) The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill may propose an alternative final cover system design within a written closure plan in accordance with s. NR 504.10 and all of the following: 1. The permeability of the final cover system shall be less than or equal to the permeability of any bottom liner system or natural subsoils present or shall be no greater than 1 x 10-5 cm/sec, whichever is less.
2. The design of the final cover system shall include an infiltration layer that achieves an equivalent reduction in infiltration as the layers specified under s. NR 504.07 (4). 3. The design of the final cover system shall include an erosion layer that provides equivalent protection from wind or water erosion as the topsoil layer specified under s. NR 504.07 (7). 4. The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence.
Section 10 NR 506.02 (1) is renumbered NR 506.02 (1) (a) and amended to read:
NR 506.02 Applicability. (1) (a) Except as provided in par. b and except as otherwise provided, this chapter governs all solid waste disposal facilities as defined in under s. 289.01 (35), Stats., except hazardous including all CCR landfills and expansions as defined under s. NR 500.03 (26n) and (121m). (b) This chapter does not govern any of the following:
1. Hazardous waste facilities as defined in under s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic. 2. Metallic mining operations for nonferrous minerals as defined in under s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic. 3. Metallic mining operations for ferrous minerals as defined in under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Section 11 NR 506.08 (intro.) is amended to read:
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: Section 12 NR 506.083 and 506.084 are created to read:
NR 506.083 Closure requirements for CCR landfills. Closure of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall be performed in accordance with the plan of operation approval issued by the department and all of the following:
(1) Notification procedures. (a) No later than the date the owner or operator initiates closure of a CCR landfill under sub. (2), the owner or operator shall notify the department in writing of the intent to close the landfill and place a copy of the notification in the facility’s operating record.
(b) Within 30 days following completion of closure of a CCR landfill under sub. (3), the owner or operator shall prepare and submit a notification of closure to the department and place a copy in the facility’s operating record. The notification shall include the certification required under s. NR 516.04 (3) (d). (2) Initiation of closure activities. (a) The owner or operator shall commence closure of the CCR landfill no later than 30 days after either of the following occur:
1. The date of final receipt of CCR waste and any non-CCR waste stream.
2. Final removal of CCR from the CCR landfill for the purpose of beneficial use of CCR.
(b) The owner or operator may delay commencing closure up to 2 years from the last receipt of waste or the last removal of CCR material for the purpose of beneficial use upon written approval by the department if the owner or operator demonstrates that there is a reasonable likelihood that the CCR landfill will accept wastes in the foreseeable future or will remove CCR from the landfill for the purpose of beneficial use. The delay shall be requested in writing to the department as a modification to the written closure plan required under s. NR 514.07 (10) (c) and include documentation that the CCR landfill will continue to accept wastes or will start removing CCR for the purpose of beneficial use. The request shall include all of the following: 1. Information documenting that the CCR landfill has remaining storage or disposal capacity or that the CCR landfill may have CCR removed for the purpose of beneficial use.
2. Information demonstrating that there is a reasonable likelihood that the CCR landfill will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR may be removed for the purpose of beneficial use. Any portion of the landfill that will not receive additional CCR or have CCR removed for a period exceeding 6 months shall be covered with one foot of fine grained intermediate cover or other material approved by the department. The narrative shall include a best estimate as to when the CCR landfill will resume receiving CCR or non-CCR waste streams.
3. The following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
(c) Prior to the end of a 2-year delay for commencing closure, the owner or operator may request a subsequent 2-year delay under sub. (2) (b).
(d) For purposes of this section, closure of the CCR landfill has commenced once the owner or operator has ceased placing waste and undertakes any of the following actions or activities:
1. Takes any steps necessary to implement the approved closure plan.
2. Applies to the department or another agency for a permit or modification related to closure.
3. Takes any steps necessary to comply with any department or other agency requirements that are a prerequisite, or are otherwise applicable, to initiating or completing the closure of a CCR landfill.
(3) Completion of closure activities. (a) The owner or operator shall complete closure of the CCR landfill within 6 months of commencing closure activities.
(b) The timeframe for completing closure of a CCR landfill may be extended for a one-year period upon written department approval if the owner or operator demonstrates that it was not feasible to complete closure of the CCR landfill within the required timeframe due to factors beyond the owner or operator’s control. No more than a total of 2 one-year extensions may be obtained for any CCR landfill. An owner or operator shall request the time extensions to the department in writing as modifications to the approved closure plan and include a narrative discussion providing the basis for additional time. The time extension request shall include the following statement signed by the owner or operator or an authorized representative: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”
(4) Deed notation. (a) Following closure of a CCR landfill, the owner or operator shall, within 60 days after closure is complete, record an affidavit with the register of deeds to 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.
(b) A copy of the affidavit shall be submitted to the department and placed in the facility’s operating record within 30 days of recordation.
(5) Closure by removal of CCR. An owner or operator may close a CCR landfill by removing and decontaminating all areas affected by releases from the CCR landfill. CCR removal and decontamination of the CCR landfill are complete when constituent concentrations throughout the CCR landfill and any areas affected by releases from the CCR landfill have been removed and groundwater monitoring concentrations do not exceed the groundwater protection standard for constituents listed under s. NR 140.10, Table 1. A landfill closed by removal of CCR and associated remediation is not subject to the deed notation requirement under s. NR 506.08 (4) and long-term care requirements under s. NR 506.084. (6) Alternative closure requirements. An owner or operator that is subject to closure for failure to demonstrate compliance with locational criteria under s. NR 514.045 (5) may continue to receive CCR in the CCR landfill provided the owner or operator meets all of the following: (a) The owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of an alternative disposal capacity both on-site and off-site of the facility. The owner or operator of the CCR landfill shall document that all of the following conditions have been met:
1. No alternative disposal capacity is available on-site or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this subdivision.
