CR 24-063 Rule Text

(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. 

144 Section 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 is repealed and recreated: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): 

145 Section 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.

146 Section 146   NR 512.09 (2) (e) (Note) is repealed.

147 Section 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.

148 Section 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.

149 Section 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.

150 Section 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.

151 Section 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.

152 Section 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.

153 Section 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.

154 Section 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.

155 Section 155   NR 512.13 (4) (a) and (b) are repealed.

156 Section 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.

157 Section 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.

158 Section 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.

159 Section 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.

160 Section 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.

161 Section 161   NR 512.16 (4) (f) and (5) (Note) are amended to read:

NR 512.16 (4) (f)  Probable adverse impacts in and around the landfill that cannot be avoided, including groundwater and surface water impacts, modifications of topography and any soil borrow source limitations on development around the landfill, any loss of agricultural or forest land, displacement of wildlife, and adverse aesthetic impacts for people in and around the landfill.

(5) Note: Information provided in previous sections of the initial site report, any pre-feasibility report or feasibility report may be referenced to satisfy this section.

162 Section 162   NR 514.04 (1) and (4) are amended to read:

  NR 514.04 (1)  General. No person may establish or construct a landfill or expand a landfill until a plan of operation has been submitted in accordance with s. ss. NR 500.05 and 500.058 and this chapter and has been approved in writing by the department. No person may establish, construct, or close an approved landfill except in accordance with this chapter, s. NR 506.08, and with the approved plan of operation. No person may submit a plan of operation for a new or expanded landfill prior to the submittal of a feasibility report by that person.

(4) Completeness. Within 30 days after a plan of operation is submitted or, if the plan of operation is submitted with the feasibility report, within 30 days after the department issues notice that the feasibility report is complete, the department shall provide written notification to the applicant and any other person who has filed a written request for notification whether or not the plan of operation is complete. If the submittal is deemed incomplete, the department will shall specify the information which that shall be submitted before the plan may be deemed complete. The department will shall determine if the plan of operation is complete by determining whether or not the minimum requirements of this chapter have been met and the conditions of any feasibility approval have been met. The department may require the applicant to submit additional information after determining that the plan of operation is complete if the department establishes that the plan of operation is insufficient without the additional information.

163 Section 163   NR 514.04 (6m) is created to read:

NR 514.04 (6m) Initial site construction approval. After the department has determined the plan of operation is complete, the department may issue an initial site construction approval that allows initiation of construction prior to issuing the plan of operation approval. The initial site construction request shall be submitted independently of the plan of operation and clearly list the construction items to be performed, which may include clearing and grubbing, excavation to sub-base, construction of berms and storm water features, or other items approved by the department in writing.

164 Section 164   NR 514.045 (1) (e) (Note) is created to read:

NR 514.045 (1) (e) Note: Critical Habitat areas are designated by the U.S. Fish and Wildlife Service. See USFWS Threatened & Endangered Species Active Critical Habitat Report (https://ecos.fws.gov/ecp/report/critical-habitat and https://ipac.ecosphere.fws.gov/).

165 Section 165   NR 514.05 (3) and (7) are amended to read:

NR 514.05 (3) Sub-base grades and base grades. Plan sheets shall be included which that depict the sub-base grades, all sub-base appurtenances such as lysimeters or drain pipes, the underdrain system, and the base grades.

(7) Waste final grades and final topography. A final waste grades plan sheet shall be included to indicate waste final grades, including daily and intermediate cover. A final topography plan sheet shall be included to indicate the appearance of the entire facility following closure including storm water drainage features, and the location of gas extraction wells the location of the gas extraction system, including the gas wells with radius of influence and gas header pipes, and all other penetrations of the final cover.

166 Section 166   NR 514.05 (10) (a) 5m. is created to read: