NR 512.05 (2) Vertical-only expansion. For a proposed vertical expansion of an existing landfill, the geotechnical information required by ss. NR 512.09, 512.10, and 512.11 (2), (4), and (5) may be excluded from the feasibility report, unless required in writing by the department. 141Section 141 NR 512.06 (2) and (3) are amended to read: NR 512.06 (2) Submission of reports. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department’s initial site report opinion, any applicable pre-feasibility report and the feasibility report to each participating municipality under s. 289.33 (6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted. (3) Completeness. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether or not the items specified in the department’s initial site report opinion letter and the minimum requirements of this chapter have been met, and whether any additional information is necessary for the department to make a feasibility determination. If the report is incomplete, the department shall notify the applicant in writing and specify the information which that shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25 (3), Stats., and issue a preliminary determination stating whether or not an environmental impact statement is required. The department may require the applicant to submit additional information after determining that the feasibility report is complete if the department establishes that the feasibility of the proposed landfill cannot be determined without the additional information. Notwithstanding a determination of completeness, the department may require the applicant to submit additional information during the feasibility review if the department cannot determine the feasibility of the proposed landfill without the additional information. 142Section 142 NR 512.06 (3) (Note) and (4) are created to read: NR 512.06 (3) Note: Section NR 504.04 (2) requires that an applicant submit a completed s. NR 812.43 variance request to the department before the department may grant an exemption to s. NR 504.04 (3) (f). In order for the department’s variance request decision to be made in conjunction with the feasibility determination, the department recommends the completed variance request be submitted to the department’s drinking water and groundwater program for each well exemption request under s. NR 504.04 (3) (f) within 10 days after the department’s determination that the feasibility report is complete. Section NR 812.43 (1) (a) 1. requires that if the application is submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A. (4) Distribution. Immediately after the applicant receives notification of the department’s determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under s. 289.32, Stats. 143Section 143 NR 512.085 is repealed and recreated to read: NR 512.085 Site-specific geotechnical investigation. (1) The applicant shall perform laboratory and field investigations to define the physical characteristics of the proposed landfill’s location. The applicant shall obtain sufficient site-specific geotechnical information to define the subsurface geological conditions and the hydrogeologic and groundwater quality conditions both inside and outside the proposed limits of filling.
(2) Geotechnical information shall be sufficient to identify all of the following site-specific conditions:
(a) Bedrock depth, either confirmed through borings or inferred based on regional information, geology, competency, and hydrogeology.
(b) The geological, geotechnical, and hydrogeological characteristics of each major soil unit underlying the site to a depth of at least 25 feet below the proposed sub-base grade.
(c) The presence and frequency of joints, fractures, voids, solution openings, faults, or other structural features in the bedrock or soil units.
(d) Identification and description of any significant groundwater flow paths, such as fractured flow or major sand seams, that may be a constraint to effective monitoring capability or may warrant additional monitoring wells in certain locations.
(e) The groundwater table elevations throughout the site and any seasonal fluctuations.
(f) The presence and extent of any perched water tables.
(g) Horizontal and vertical groundwater hydraulic gradients and groundwater flow paths in soil and bedrock below the site.
(h) The presence of any hydrogeologic confining units.
(i) The presence of any aquifers and their current use as a source of drinking water.
(j) Groundwater quality in soil units and bedrock.
(k) Any additional site-specific information the department identifies as necessary to evaluate the feasibility of the landfill.
(3) The minimum requirements for a site-specific geotechnical investigation are provided in ss. NR 512.09, 512.10, and 512.11. Unless otherwise approved by the department in writing, the site-specific geotechnical investigation shall meet or exceed those minimum requirements. Achieving the minimum requirements provided in ss. NR 512.09, 512.10, and 512.11 does not guarantee that the applicant will obtain sufficient information to comply with sub. (1). The department may require additional geotechnical investigation in order to determine that the feasibility report is complete. (4) The applicant may submit a proposal to the department for an alternative geotechnical investigation and data presentation from the requirements in s. NR 512.09, 512.10, or 512.11. A proposal for an alternative geotechnical investigation shall include a detailed description of the proposed alternative investigation, an explanation of how the alternative investigation will provide information sufficient to comply with subs. (1) and (2), detailed explanations of the rationale for the proposed differences between the minimum requirements in s. NR 512.09, 512.10, or 512.11 and the proposed alternative investigation, and the anticipated benefits of the proposed alternative investigation. The department shall provide a written opinion on the proposal and identify any deficiencies in the proposed alternative investigation that must be addressed. A favorable opinion of a proposed alternative geotechnical investigation does not guarantee that the applicant will obtain sufficient information to meet the requirements of subs. (1) and (2). The department may require additional geotechnical investigations before making a determination that the feasibility report is complete. 144Section 144 NR 512.09 (intro.) is repealed and recreated: NR 512.09 Minimum site-specific information. At a minimum, the site-specific geotechnical investigation shall include all of the following specified requirements, unless an alternative geotechnical investigation proposed under s. NR 512.085 (4) has been completed and has met all of the requirements of s. NR 512.085 (1) and (2): 145Section 145 NR 512.09 (1) (d) and (2) (e) are amended to read: NR 512.09 (1) (d) Samples shall be collected and retained and boring logs shall be prepared in accordance with ss. NR 507.05, and 507.14, and 512.09 (5). (2) (e) All wells shall be designed, installed, developed, documented, and sampled in accordance with ch. NR 141 and ss. NR 507.06, 507.07, 507.14 and, 507.17, and 507.18. Alternative methods of well design and installation which shall not be used unless they achieve comparable results shall be approved by and the department provides prior to well construction written approval. 146Section 146 NR 512.09 (2) (e) (Note) is repealed. 147Section 147 NR 512.09 (4) (e) to (g) and (5) are amended to read: NR 512.09 (4) (e) After each well has been properly developed, successive water level measurements shall be taken until stabilized readings are obtained. Stabilized water level measurements shall be obtained on a monthly basis for a minimum of 6 months prior to submittal of the feasibility report. After this period, quarterly water level measurements shall be obtained for at least 4 quarters; or for contiguous expansions of existing landfills, water levels at newly installed and existing monitoring wells may be collected in conjunction with detection monitoring events.
(f) Stabilized water level measurements shall be obtained on a monthly basis for a minimum of 6 months prior to submittal of the feasibility report from surface water bodies including streams, lakes, ponds, drainage ditches, and wetlands located within 1,000 feet of the proposed limits of filling. After this period, quarterly water level monitoring shall be performed for at least 4 quarters; or for contiguous expansions of existing landfills, water levels of surface water bodies may be collected in conjunction with routine monitoring events.
(g) At least 4 rounds of baseline groundwater monitoring shall be performed on all observation wells and piezometers located outside the proposed limits of filling which that were installed to evaluate the proposed property in accordance with s. NR 507.18 and submitted along with the feasibility report. (5) Sample retention. All soil and bedrock samples collected from the proposed property shall be retained in accordance with s. NR 507.05 (1) (e), except for soil and bedrock samples collected as part of a previous geotechnical investigation and included in a report previously approved by the department. 148Section 148 NR 512.10 (4) is amended to read: NR 512.10 (4) Appendix. All raw data including Appendices shall include all data collected in the field, laboratory test reports, and reports or forms documenting field activities. This data includes all boring logs, soil tests, hydraulic conductivity tests, water level measurements, baseline water quality laboratory reports, and department well construction, well development, and well information forms shall be included in the appendices of the report.
149Section 149 NR 512.11 (3) and (5) are amended to read: NR 512.11 (3) Water table maps. At least 2 water table contour maps shall be submitted. One map shall be based on the highest set of monthly water table elevations measured in the observation wells installed at the proposed landfill’s location and the other map shall be based on the lowest set of monthly water table elevations measured in the observation wells installed at the proposed landfill’s location. For each sampling round event, all water level elevations shall be measured on the same day. The water table maps shall show all observation wells and the measured water level elevation at each observation well. Any observed variations in flow direction shall be discussed in the narrative of the report. For a contiguous, horizontal, or vertical an expansion of an existing landfill, the water table contour maps shall be expanded to include the observation wells and measured water table elevations at each observation well for the existing landfill and each additional landfill on the property and adjacent properties owned or operated by the applicant. Inferred contours made beyond the extent of the observation well field shall be shown with dashed lines. If 3 or more bedrock wells are installed, a bedrock piezometric map shall be prepared provided.
(5) Flow net. A cross-section flow net shall be constructed parallel to the direction of groundwater flow to show the distribution of recharge and discharge.
150Section 150 NR 512.11 (6) is created to read: NR 512.11 (6) Boring and well distance map. A map shall be provided that shows boring and well locations, marked delineations for the proposed limits of waste, and the 150-foot and 300-foot setbacks from the marked delineation of waste limits.
151Section 151 NR 512.12 (2) is amended to read: NR 512.12 (2) Municipal wastes. Actual field leachate data from existing landfills of similar size, design, and waste type or an estimate of the anticipated leachate strength and quality available from department files shall be included for all landfills for the disposal of municipal solid waste. For a proposed expansion of an existing municipal solid waste landfill, field leachate data from the existing landfill shall be included.
152Section 152 NR 512.13 (1) (intro.) and (2) are amended to read: NR 512.13 (1) Locational criteria and performance standards. A demonstration that the proposed landfill will meet the locational criteria and performance standards under s. NR 504.04, including documentation of abandoned water supply wells located within 1,200 feet of the proposed limits of waste. The documentation shall include a copy of the well abandonment report, if available, or, if a well abandonment report cannot be found, other evidence that demonstrates that it is likely the well no longer exists. If the applicant requests any exemptions to the locational criteria and performance standards listed under s. NR 504.04, justification for the request shall be provided in the narrative section of the feasibility report. For a new CCR landfill or an expansion of a CCR landfill, all of the following also apply: (2) Geotechnical information. An analysis of the geologic, hydrogeologic, topographic, and hydrologic features of the facility that may be favorable or unfavorable for landfill development. For a proposed vertical-only expansion, the analysis may be limited to topographic and hydrologic features unless otherwise directed by the department in writing.
153Section 153 NR 512.13 (2m) is created to read: NR 512.13 (2m) Assessment of groundwater standard exceedances. An assessment of whether there is an attainment or exceedance of a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 in baseline or detection groundwater monitoring data, the cause and significance of the attainment or exceedance, and a request for an exemption under s. NR 140.28 and in accordance with s. NR 507.29 for all confirmed attainments or exceedances. 154Section 154 NR 512.13 (4) (intro.) is renumbered (4) and amended to read: NR 512.13 (4) Existing facility performance. For a proposed contiguous, horizontal, or vertical expansion of an existing landfill, the compliance status and performance of the existing landfill and each additional landfill on the property and adjacent properties owned or operated by the applicant shall be evaluated.
155Section 155 NR 512.13 (4) (a) and (b) are repealed.
156Section 156 NR 512.13 (5) is created to read: _Hlk167803519 NR 512.13 (5) Wetlands and surface waters. 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 feasibility report shall include all of the following documentation: (a) A copy of the assured wetland delineation report or a confirmed wetland delineation report for any wetland potentially impacted by the construction or operation of the proposed facility and one of the following:
1. The wetland permit application under s. 281.36, Stats., and sections 401 or 404 of the federal Clean Water Act (33 U.S.C. 1341 or 1344) for any proposed activities for which a permit is required. 2. 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.
(b) A copy of the department navigability and ordinary high water mark determination for any areas identified as a surface water or potential surface water and a copy of the surface water permit application under chs. 30 or 281, Stats., for any proposed activities related to a surface water for which a permit is required. (c) Copies of all navigable waters and wetland permits, under chs. 30 or 281, Stats., and section 404 of the federal Clean Water Act (33 U.S.C. 1344) that have been obtained. (d) Copies of any water quality certification under chs. NR 103 and 299 that have been obtained. 157Section 157 NR 512.14 (intro.) is amended to read: NR 512.14 Proposed preliminary design. The feasibility report shall contain a proposed preliminary design based on conclusions outlined in the design constraints section of the feasibility report and in accordance with ch. NR 504. Applicants proposing an alternative design to the requirements contained in ss. NR 504.05, 504.06, 504.07, 504.08, and 504.09 shall include an analysis that predicts whether the proposed landfill will meet or exceed the performance standards of s. NR 504.04 (4) (d) regarding groundwater quality. 158Section 158 NR 512.14 (1) (g) to (h) and (2) (d) are created to read: NR 512.14 (1) (g) Any proposed alternative liner design and alternative final cover design.
(h) For contiguous expansions that include a vertical or horizontal overlay, pipe strength calculations for the leachate collection pipes within the vertical or horizontal overlay area.
(2) (d) If proposed, a plan sheet showing maximum interim waste grades.
159Section 159 NR 512.16 (2) (b) is amended to read: NR 512.16 (2) (b) The changes in aquatic resources including the potential impacts to streams, wetlands, ponds, lakes, and flowages. This discussion shall include the discharge rates and volumes, in relevant quantities for groundwater control structures, leachate collection systems, and storm water control structures under existing conditions as well as that anticipated during active operations and following closure. Information or any reports on how the proposed landfill and soil borrow sources designated to be used in the construction, operation, or closure of the first phase of the proposed landfill comply with s. ss. 30.19, and 281.36, Stats., and ch. NR 103 shall also be included. 160Section 160 NR 512.16 (3) (Note) is created to read: NR 512.16 (3) Note: In accordance with s. 32.035, Stats., an agricultural impact statement (AIS) is required when the project initiator is vested with powers of eminent domain, and the project will take more than 5 acres from any one farm, regardless of land ownership. An AIS may also be required on a project located entirely within the boundaries of a city, village, or town or involving any interest in 5 or fewer acres of any farm operation if the condemnation would have a significant effect on any farm operation as a whole.
