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.
2. The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under this subdivision lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use the capacity as soon as feasible.
3. The owner or operator shall remain in compliance with all other operating requirements under ch. NR 506 and the requirements of chs. NR 507 and 508, including the requirement to conduct any necessary corrective action required under s. NR 508.06 (5). 4. The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity.
(b) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes under subs. (2) and (3).
(c) If no alternative capacity is identified within 5 years after the initial certification, the CCR landfill shall cease receiving CCR and close under subs. (2) and (3).
(d) An owner or operator that closes in accordance with this section shall complete and submit to the department the notices and progress reports in accordance with all of the following:
1. Within 6 months of becoming subject to closure, the owner or operator shall prepare and submit a notification of intent to comply with the alternative closure requirements of this section. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions of this section, in addition to providing the required documentation and certifications.
2. The owner or operator shall prepare the periodic progress reports required under par. (a) 3., in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule:
a. The first annual progress report shall be prepared no later than 13 months after completing the notification of intent to comply with the alternative closure requirements.
b. The second annual progress report shall be prepared no later than 12 months after completing the first annual progress report. Additional annual progress reports shall be prepared within 12 months of completing the previous annual progress report.
3. The notification and progress reports shall be placed in the written operating record and posted on a publicly accessible internet site under s. NR 506.17 (2) and (3). NR 506.084 Long-term care requirements for CCR landfills. Long-term care 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) Long-term care maintenance requirements. Following closure of the CCR landfill, the owner or operator shall conduct long-term care for the CCR landfill in accordance with the approved long-term care plan required under s. NR 514.07 (10).
(2) Long-term care period. Long-term care 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, with perpetual long-term care responsibility under s. 289.41 (1m) (c), Stats., and all of the following: (a) The long-term care period for a CCR landfill is 40 years for purposes of record keeping under s. NR 506.17 (2) and proof of owner financial responsibility under s. NR 520.05. (b) No later than 60 days following the end of the 40-year long-term care proof period, a notification shall be submitted to the department and placed in the written operating record. The notification shall verify that the landfill is complying with the approved long-term care plan and long-term care requirements. The notification shall include a certification by a professional engineer.
Section 13 NR 506.17 is renumbered 506.17 (1).
Section 14 NR 506.17 (1) (title) is created to read:
NR 506.17 (1) (title) Municipal solid waste landfill written operating record.
Section 15 NR 506.17 (2), (3), and (4) are created to read:
NR 506.17 (2) CCR landfill written operating record. The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall maintain a written operating record at the landfill during the operating life and 40-year long-term care period of the landfill, unless an alternative timeframe is specified under this section. The written operating record shall be maintained in accordance with all of the following:
(a) The department may approve an alternate location for maintaining the record. The alternate location of the record shall be identified within the plan of operation.
(b) An owner or operator of more than one CCR landfill may comply with the requirements of this section in one recordkeeping system provided the system identifies each file by the name of each CCR landfill.
(c) Documentation shall be placed into the written operating record as it becomes available.
(d) Documentation shall be submitted to the department upon request.
(e) The written operating record shall contain the plan of operation, plan modifications, construction documentation, department approvals, annual reports, inspection records, monitoring and corrective action records, and notifications to the department.
(f) If records are developed within 5 years of the end of the 40-year long-term care period, the records shall be maintained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.
(g) Retention by the owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill of the following documents is only required for 5 years after the submittal date to the department:
2. Documentation recording the results of the periodic inspections required under s. NR 506.20 (2). (3) CCR landfill publicly accessible internet site. Each owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall maintain a publicly accessible internet site titled “CCR Rule Compliance Data and Information” in accordance with all of the following:
(a) An owner or operator of more than one CCR landfill may choose to comply with the requirements of this section by using the same internet site for multiple CCR landfills provided the internet site clearly delineates information by the name and license number.
(b) The information required to be posted to the internet site under par. (d) shall be made available on the internet site to the public for at least 5 years following the date on which the information was first posted to the internet site.
(c) The information required to be posted to the internet site under par. (d) shall be posted to the internet site within 30 days of placing the information in the operating record.
(d) The internet site shall contain all of the following information, if applicable:
1. The plan of operation modification documents required under s. NR 514.045 (1), any subsequent modifications to the plan of operation, and the department’s decision documents, including the notification of completeness required under s. NR 514.045 (3). 2. Liner construction documentation and the department’s decision documents for new CCR landfills.
3. The annual groundwater monitoring and corrective action report.
4. Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices.
5. The notification to the department of the establishment of an assessment monitoring program under ch. NR 508. 6. The notification to the department of a return to a detection monitoring program.
7. The notification to the department of the initiation of an assessment of corrective measures requirements under ch. NR 508. 8. The completed assessment report of corrective measures and the department’s response.
9. Documentation prepared by the owner or operator recording any public comments received during the public informational hearing for the discussion of the results of the remedial action options report under s. NR 508.06 (3) (e). 10. The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report, except that the selection of remedy report shall be maintained until the remedy has been completed.
11. The notification to the department of the completion of the remedy.
(e) For CCR landfills with a plan of operation approved after the effective date of this section [LRB inserts date] the internet site shall also contain all of the following:
1. The feasibility report and department’s decision document.
2. The plan of operation and department’s decision document.
3. Any modifications to the feasibility determination or plan of operation approval and the department’s decision documents.
(4) CCR landfill notification requirements. (a) A notification required under ch. NR 507 or 508 or this chapter shall be sent to the department’s waste and materials management program before the close of business on the day the notification is required to be completed. For purposes of this section, before the close of business means the notification must be postmarked or sent by email. If a notification deadline falls on a weekend or state holiday, the notification deadline is automatically extended to the next business day. (b) Notifications under par. (a) may be combined provided the deadline requirement for each notification is met.
(c) Unless otherwise required, a notification under par. (a) shall be sent to the department within 30 days of placing the notification in the landfill’s written operating record.
Section 16 NR 506.20 is created to read:
NR 506.20 Inspection and reporting requirements for a CCR landfill. (1) Periodic inspections. A new or existing CCR landfill or a lateral expansion of a CCR landfill shall be inspected in accordance with all of the following:
(a) A person trained to recognize appearances or conditions of landfill structures shall do all of the following:
1. At intervals not exceeding 7 days, after initial receipt of CCR by the CCR landfill, inspect for any appearances of actual or potential structural weakness and other conditions that are disrupting or have the potential to disrupt the operation or safety of the CCR landfill.
2. At least weekly during the active operating life of the landfill, conduct a visual inspection to assess the effectiveness of fugitive dust control measures as required under s. NR 514.07 (10) (a) 3. (b) The owner or operator of the CCR landfill shall maintain the results of the periodic inspections under par. (a) in the facility’s written operating record for a period of 5 years.
(2) Annual inspections by a licensed professional engineer. (a) A licensed professional engineer shall annually inspect a new or existing CCR landfill or a lateral expansion of a CCR landfill to ensure that the design, construction, operation, and maintenance of the CCR landfill is consistent with recognized and generally accepted good engineering standards. The inspection shall be performed no later than December 31 of each year. The inspection shall, at a minimum, include all of the following:
1. A review of available information regarding the status and condition of the CCR landfill, including files available in the operating record, such as the results of inspections under sub. (1) (a) 1., and results of previous annual inspections.
2. A visual inspection of the CCR landfill to identify signs of distress or malfunction of the CCR landfill.
(b) The licensed professional engineer conducting the inspection under par. (a) shall prepare a report following each inspection that addresses all of the following:
1. Any changes in geometry of the structure since the previous annual inspection.
2. The approximate volume of CCR contained in the CCR landfill at the time of the inspection.
3. Any appearances of an actual or potential structural weakness of the CCR landfill, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR landfill.
4. Any other changes that may have affected the stability or operation of the CCR landfill since the previous annual inspection.
5. Any deficiencies or releases identified during an inspection and documentation detailing the corrective measures taken. The owner or operator shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken.
(3) Annual report. The owner or operator of a new or existing CCR landfill or a lateral expansion of a CCR landfill shall prepare and submit an annual report to the department and place the report in the facility’s operating record by January 31 of each year. The annual report shall include all of the following components at a minimum:
(a) An annual CCR fugitive dust control report that includes a description of the actions taken by the owner or operator to control CCR fugitive dust, a record of all citizen complaints, and a summary of any corrective measures taken.
(b) The annual inspection report required under sub. (2) (b).
(c) The annual groundwater monitoring and corrective action report required under s. NR 507.15 (3) (m). (d) The leachate pipe cleaning and inspection report required under s. NR 506.07 (5) (g). Section 17 NR 507.02 (1) is renumbered 507.02 (1) (a) and amended to read:
NR 507.02 Applicability. (1) (a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all environmental monitoring for solid waste disposal facilities as defined by 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 18 NR 507.15 (3) is created to read:
NR 507.15 (3) CCR landfills. In addition to the detection groundwater monitoring system required under s. NR 507.19, the owner or operator of a CCR landfill that accepted CCR on or after October 19, 2015 shall also submit a plan establishing a separate CCR groundwater monitoring system for the purpose of monitoring groundwater quality in the uppermost aquifer in accordance with this chapter. The plan shall be submitted with the plan of operation modification for initial permitting in accordance with s. NR 514.045 or in the feasibility report under ch. NR 512. (a) The CCR groundwater monitoring system shall consist of a sufficient number of CCR wells, installed at appropriate locations and depths, as approved by the department, adequate to yield groundwater samples from the uppermost aquifer that accurately represent upgradient groundwater quality that has not been affected by leakage from a CCR landfill and downgradient groundwater quality passing the waste boundary of the CCR landfill. The downgradient monitoring wells shall be installed to ensure detection of groundwater contamination in the uppermost aquifer, including all known or suspected contaminant pathways.
(b) The number, spacing, and depths of monitoring wells submitted to the department as part of the CCR groundwater monitoring system plan shall be determined based upon site-specific technical information that shall include thorough characterization of aquifer thickness, groundwater flow rate, and groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow. The monitoring systems shall also take into account the saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities.
(c) The CCR groundwater monitoring system plan shall include the minimum number of monitoring wells necessary to meet the performance standards specified under par. (a), based on the site-specific information specified under par. (b). The groundwater monitoring system plan shall contain all of the following:
1. A minimum of one upgradient and 3 downgradient monitoring wells to be designated as CCR wells.
2. Additional monitoring wells as necessary to accurately represent the quality of background groundwater in the uppermost aquifer that has not been affected by leakage from the CCR landfill and the quality of groundwater passing the waste boundary of the CCR landfill.
(d) Monitoring wells shall be designed and installed in accordance with s. NR 507.06 and regularly inspected in accordance with s. NR 507.13. All monitoring wells, piezometers, and other measuring, sampling, and analytical devices shall be operated and maintained so that the devices perform to the design specifications throughout the life of the monitoring program. (e) The documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be performed in accordance with s. NR 507.14 and applicable requirements under ch. NR 141. This includes submission of all required forms to the department in the timeframes specified.
