CR 24-063 Rule Text

NR 504.07 (8) (intro.) Revegetation. The landfill owner or operator shall propose the seed type and amount of fertilizer to be applied shall be proposed depending on that is compatible with the type and quality of topsoil and compatibility with both, the native vegetation and the final use. Application rates for fertilizer and mulch shall also be specified. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall include one of the following: be those specified for right–of–ways according to section 630, 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and the 2004 supplemental specifications. Application rates for fertilizer and mulch shall also be specified.

52 Section 52 NR 504.07 (8) (a) to (c) are created to read:

NR 504.07 (8) (a) A grass seed mixture and sowing rates based on those specified for a highway right-of-way according to Section 630 of the latest edition of the department of transportation standard specifications for highway and structure construction.

_Hlk166675730 (b) A native seed mixture and sowing rates based on those specified for a highway right-of-way in Table 630-2 of Section 630 of the latest edition of the department of transportation standard specifications for highway and structure construction. A native seed mixture submittal shall, at a minimum, include all of the following information:

1. The rate of application, method of application, and anticipated timeline for vegetation to become established enough to prevent erosion of the topsoil.

2. The nurse crop, cover crop, and erosion control measures that will be used if the native vegetation is anticipated to take more than one year to become established.

3. A maintenance plan for ensuring the health and viability of the native seed mix, including specific methods for preventing the establishment of woody vegetation and Wisconsin terrestrial invasive species and specifying that mowing for routine maintenance shall occur outside the primary nesting bird season of June 1 through August 31.

(c) An alternative native seed mixture that includes the scientific name of all species within the alternative native seed mixture and the information required under s. NR 504.07 (8) (b) 1. to 3. The alternative seed mixture may not include plant species that are considered a Wisconsin terrestrial invasive species or require burning as a maintenance practice.

53 Section 53   NR 504.07 (8) (Note) and (9) (c) are amended to read:

  NR 504.07 (8) Note: The 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and any annual supplemental specifications are available at http://www.dot.wisconsin.gov/business/engrserv/procedures.htm 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, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail] [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

(9) (c) Excavation or disturbance of the final cover or any waste materials.

54 Section 54   NR 504.073 is created to read:

NR 504.073 Alternative final cover design for municipal solid waste landfills. All new municipal solid waste landfills and expansions of existing municipal solid waste landfills shall meet all of the requirements under s. NR 504.07 unless the owner demonstrates to the satisfaction of the department that the final cover system is designed to adequately protect public health, welfare, and the environment and meets all of the following criteria:

(1) Design. (a) The final cover system shall include a grading layer meeting all of the requirements under s. NR 504.07 (2).

(b) The permeability of the final cover system shall be no greater than the permeability of the landfill’s liner system or 1 x 10-7 cm/second, whichever is lower.

(c) The final cover system shall include a layer that achieves an equivalent reduction in infiltration as the layers specified under s. NR 504.07 (4).

(d) The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence.

(e) The final cover system shall include an erosion-prevention layer that provides equivalent protection from wind or water erosion as the topsoil layer and vegetation specified under s. NR 504.07 (7) and (8).

(f) The final cover system shall meet the requirements of s. NR 504.07 (9).

(2) Submittal. The owner or operator of a landfill may propose an alternative final cover design in the feasibility report required under ch. NR 512 or as a modification to an existing plan of operation. Plan modification submittals shall adhere to the following schedule:

(a) An owner or operator intending to construct a final cover in 2026 may submit a plan modification in 2025.

(b) An owner or operator intending to construct a final cover in 2027 may submit a plan modification in 2026.

(c) An owner or operator intending to construct a final cover during or after 2028 may submit a plan modification during or after 2027.

55 Section 55   NR 504.075 (3), (4) (b), and (9) are amended to read:

NR 504.075 (3) Initial site inspection. An initial site inspection shall be conducted in accordance with s. NR 509.04 for each a proposed soil borrow source unless a storm water discharge permit has been obtained by the landfill owner or operator for the soil borrow source location.

(4) (b) Submittals for soil borrow sources shall include site–specific surface water drainage patterns and significant hydrologic features such as surface waters, springs, drainage divides and wetlands; areas of special natural resource interest; and historical or archaeological areas within and adjacent to the proposed limits of excavation. Applicable documentation including endangered or threatened species reviews, historic and archeological site reviews, wetland delineation reports, and permits required under chs. NR 151 and 216, and chs. 30 and 281, Stats., shall be included in each submittal for a soil borrow source request.

(9) Stormwater Storm water management. Submittals for soil borrow sources shall include a stormwater storm water management plan that complies with the requirements of s. NR 504.09 (1) (a) to (f) and (h) to (j), unless the soil borrow source is subject to other permits with equivalent authority and requirements, such as a stormwater storm water discharge permit or non-metallic mining reclamation permit.

56 Section 56   NR 504.08 (1) and (2) (intro.) are amended to read:

NR 504.08 (1) General. All landfills accepting wastes with the potential to generate gas shall be designed to prevent the migration of explosive gases and prevent the emission of greenhouse gases generated by the waste fill.

(2) Active gas extraction and treatment. In order to efficiently collect and combust hazardous air contaminants, all landfills which that accept municipal solid waste shall be designed and operated with an active gas recovery extraction system. All gas recovery extraction systems shall include all of the following design features, unless otherwise approved by the department:

57 Section 57   NR 504.08 (2) (o) is created to read:

NR 504.08 (2) (o) The system shall be designed to have the ability to perform gas extraction if required under s. NR 506.07 (4g).

58 Section 58   NR 504.09 (1) (j), (2) (f), and (2) (i) are amended to read:

  NR 504.09 (1) (j) Design of all storm water management features shall comply with other applicable requirements of the department. Such requirements include, but are not limited to, ch. NR 103 and permits required by ch. 30, Stats.

(2) (f) A minimum separation distance of 100 feet shall be maintained between the limits of filling and the adjacent property line. A minimum distance of 50 feet shall be maintained between any permanent berms or excavations associated with the landfill, excluding storm water diversion structures and screening berms, and the adjacent property line.

(2) (i) A minimum of 2 leachate head wells shall be proposed for each major horizontal phase of the landfill unless otherwise approved by the department in writing.

59 Section 59   NR 504.09 (2) (L) is created to read:

NR 504.09 (2) (L) A minimum separation distance of 50 feet shall be maintained between the limits of disturbance and a delineated wetland boundary unless otherwise approved by the department in writing.

60 Section 60   NR 504.10 (1) (a), (3) (intro.), and (4) are amended to read:

NR 504.10 (1)  (a) An applicant may design a high volume industrial waste landfill to meet the standards contained in propose an alternative to the requirements under ss. NR 504.05 to 504.09 or may propose an if the proposed alternative design in accordance with the provisions meets the requirements of this section.

(3) Design criteria. An applicant seeking approval of an alternative design under this section shall demonstrate in the feasibility report required inunder ch. NR 512 that the alternative design adequately protects public health, welfare, and the environment and meets or exceeds the location and performance standards of s. NR 504.04. The applicant may include the following types of information as a part of such a demonstration:

(4) Approval criteria. The department shall approve the alternative design proposed by the applicant if the department determines to a reasonable degree of certainty that the alternative design adequately protects public health, welfare, and the environment and meets or exceeds the location and performance standards of s. NR 504.04.

61 Section 61   NR 506.05 (1) is amended to read:

NR 506.05 (1) Municipal solid waste. All solid waste disposed in a municipal solid waste landfill shall be compacted and completely covered at the end of each operating day with a compacted layer of at least 6 inches of soil. Alternate daily cover materials may be approved or mandated by the department as required in s. NR 506.055. If clay soil is used for daily cover purposes, it Any daily or alternate daily cover materials that may inhibit the movement of gas or leachate shall be scarified or removed prior to placement of the next lift of solid waste.

62 Section 62   NR 506.055 (3) is amended to read:

NR 506.055 (3) General approval for the use of alternate daily cover. The department may issue general written approvals for use of specific alternate daily cover materials which that have been demonstrated to control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. The department may prohibit or limit the use of alternate daily cover materials at any time if the department determines that use of the alternate materials results in nuisance conditions or a negative effect on landfill performance.

63 Section 63   NR 506.06 is amended to read:

NR 506.06 Intermediate cover. Unless otherwise approved by the department in writing, any portion of a landfill which that has been used for solid waste disposal but will not receive additional solid waste for a period exceeding 6 months shall be covered with a minimum of one foot of fine grained soil intermediate cover or other material approved by the department in writing. A specific soil type may be specified by the department for this one foot layer. Intermediate cover material shall have no large objects that may obstruct compaction of the soil. The intermediate cover shall be compacted and adequately sloped to allow storm water runoff. The slopes shall be, with slopes no less than 5% 5 percent and no greater than 33% 33 percent. The department may require that intermediate slopes be vegetated depending on the length of time they will remain open. Intermediate cover shall be repaired as needed to maintain a minimum of one foot of compacted material until the intermediate cover is stabilized by means of vegetation or other erosion control measures in accordance with applicable sections of chs. NR 151 and 216. This section does not apply to high volume high-volume industrial waste, nor does it apply to wood residue approved as a construction material or to provide protection of the liner from frost under s. NR 506.07 (3) (b), unless specifically required by the department.

64 Section 64   NR 506.07 (1) (u) and (3) (d) are created to read:

NR 506.07 (1) (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.

(3) (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.

65 Section 65   NR 506.07 (4) is amended to read:

NR 506.07 (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% 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.

66 Section 66   NR 506.07 (4g), (4g) (Note), and (4r) are created to read:

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

1. Persistent nuisance odors that are not corrected by adjustments to existing gas extraction methods, if installed, or other means of odor control.

2. Leachate seeps caused by gas pressure.

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.

(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.

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).

(4r) Performance of gas extraction systems. (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 second 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.

(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 re-measured 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.

67 Section 67   NR 506.07 (5) (a) to (c) and (g) are amended to read:

NR 506.07 (5) (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.

(b) Any liquid which comes in contact with 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 inunder par. (a) unless otherwise approved by the department in writing.

(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.

(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.

68 Section 68   NR 506.07 (5) (i) is created to read:

NR 506.07 (5) (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.

69 Section 69   NR 506.08 (3), (4) (Note), (5), and (6) are amended to read:

NR 506.08 (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. Municipal solid waste landfills that accepted greater than 100 tons of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before October 8, 1993 shall have final cover placement completed by July 1, 1996. Municipal solid waste landfills that accepted 100 tons or less of solid waste per day on an annual basis and ceased accepting municipal solid waste on or before April 8, 1994 shall have final cover placement completed by July 1, 1996.