CR 24-063 Rule Text

NR 514.07 (1) (i) 1. A construction quality control plan that will be followed by all contractors preparing the surface of the sub-base, compacted clay liner, or soil barrier layer,; constructing the geomembrane liner; and or placing drainage blanket. The construction quality control plan shall include means for determining and documenting all of the following: receipt

a. Receipt of the proper geomembrane, GCL and geocomposite drain material; acceptable or other geosynthetics proposed for use.

b. Acceptable subgrade and weather conditions for work to occur; seamer.

c. Seamer qualifications and procedures for trial seams; acceptability.

d. Acceptability of test welds and machine settings; acceptable

e. Acceptable seaming practices; achieved.

f. Achieved seam quality and procedures for dealing with failing tests; patching; and sealing.

g. Patching or sealing of geomembrane penetrations.

2. The construction quality control plan shall also describe how progress in construction, as well as any variations from the approved plans, will be recorded and reported.

172 Section 172   NR 514.07 (1) (j) and (3) (intro.) are amended to read:

NR 514.07 (1) (j) A construction quality assurance plan that will be followed by the registered professional engineer and qualified technician responsible for evaluating the construction and ensuring that the fabrication and installation meet design specifications. The construction quality assurance plan shall include continuous observation of all aspects of geomembrane, GCL, and geocomposite drain, and other geosynthetic installation activities by qualified engineers or technicians. The construction quality assurance plan shall include use of nondestructive and destructive testing of seams and samples and shall propose a schedule of tests and associated frequencies in accordance with those specified in ch. NR 516. The construction quality assurance plan shall include proposed methods of verifying the acceptability of the prepared subgrade, repairs, patches, penetrations, seams, and adaptations by the owner and contractors to unforeseen conditions. The construction quality assurance plan shall include acceptable welding practices for extrusion and fusion welding techniques as well as outlining any visual screening techniques that will be used in the field to determine the quality of a fusion or extraction weld.

(3)  Closure of landfills with composite liners and composite caps. The plan of operation for any landfill which that accepts municipal solid wastes may propose to delay final cover placement for one or more up to two years after attaining either final waste grades or maximum interim waste grades, if approved by the department under s. NR 514.07 (11), in each phase of closure provided the following requirements are followed:

173 Section 173   NR 514.07 (6m) (intro.) is amended to read:

NR 514.07 (6m) Contiguous landfill expansions. The plan of operation for any proposed landfill which that is either a vertical or horizontal overlay expansion to an existing approved facility shall include a all of the following:

(am) A summary of all applicable conditions of department issued, chs. NR 500 to 538, approvals or orders that are active and subject to compliance at the time of the plan of operation report submittal. The summary shall be submitted on forms provided by the department and at a minimum shall contain all of the following:

174 Section 174   NR 514.07 (6m) (a) and (b) are renumbered NR 514.07 (6m) (am) 1. and 2.

175 Section 175   NR 514.07 (6m) (c) is renumbered NR 514.07 (6m) (am) 3. and amended to read:

  NR 514.07 (6m) (am) 3. The status of each condition listed in par. (b) under subd. 2. shall be identified as:

176 Section 176   NR 514.07 (6m) (c) 1. to 3. are renumbered NR 514.07 (6m) (am) 3. a. to c.

177 Section 177   NR 514.07 (6m) (d) and (e) are renumbered NR 514.07 (6m) (am) 4. and 5. and amended to read:

  NR 514.07 (6m) (am) 4. Identification of specific applicable codes, plan of operation report sections, or further justification to support the applicant’s recommended status category in par. (c) under subd. 3.

  NR 514.07 (6m) (am) 5. The department shall provide a summary of the facility’s active approval conditions or order conditions as an informational attachment to the plan of operation determination. This summary shall consider the applicant’s recommended status in par. (c) under subd. 3. and any applicable department issued conditions in the plan of operation determination. A department summary under this paragraph does not relieve the applicant of the compliance requirement of any condition prior to the issuance of the summary.

178 Section 178   NR 514.07 (6m) (bm) to (hm) are created to read:

NR 514.07 (6m) (bm) An evaluation of the existing leachate collection system that includes all of the following at a minimum:

1. Pipe strength calculations for the leachate collection pipes within the vertical or horizontal overlay area.

2. An evaluation of performance of the existing facility’s leachate collection system.

3. An evaluation of the existing facility’s leachate collection tank storage capacity, including the proposed location and size of any additional tanks needed.

4. An evaluation of the existing facility’s leachate collection tanks to determine the integrity of the tanks and the cathodic protection on the tanks, including proposed modifications to the tanks or cathodic protection of the tanks.

5. If the facility has a direct connection to a sanitary sewer, an evaluation of the existing facility’s piping to the sanitary sewer and an evaluation of the wastewater treatment plant’s ability to manage and treat the additional leachate from the expansion.

(cm) An evaluation of the existing gas extraction system to determine if additional landfill gas generated by the proposed landfill will require changes to the existing gas transfer piping, condensate removal system, blower, flare, or gas utilization system, including any proposed modifications to the gas extraction system.

(dm) An evaluation of the existing litter control plan and proposed modifications to the plan.

(em) An evaluation of the existing odor control plan and proposed modifications to the plan.

(fm) An evaluation of the existing leachate recirculation plan and proposed modifications to the plan.

(gm) An evaluation of the existing organic stability plan and proposed modifications to the plan.

(hm) The revised storm water pollution prevention plan.

179 Section 179 NR 514.07 (10) (a) 1. (intro.) is amended to read:

  NR 514.07 (10) (a) 1. The plan shall identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility and procedures to log citizen complaints received by the owner or operator involving CCR fugitive dust events at the facility. The owner or operator shall select and include in the CCR fugitive dust control plan the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Control measures may include any of the following:

180 Section 180   NR 514.07 (11), (12), (13), and (14) are created to read:

NR 514.07 (11) Maximum interim waste grades. The plan of operation for any municipal solid waste landfill that proposes placement of interim waste above final waste grades described in s. NR 514.05 (7) shall include all of the following:

  (a) The maximum interim waste grades at which waste may be placed. Maximum interim waste grades shall be one of the following:

1. No more than 5 percent higher than the proposed final waste grades when compared to the depth of waste at that location.

2. No more than 10 percent higher than the proposed final waste grades when compared to the depth of waste at that location if closure cost estimates under s. NR 520.07 for financial responsibility are provided for removal and disposal of the waste that is higher than 5 percent of the approved final waste grades.

  (b) A maximum intermediate waste grades plan sheet that indicates the maximum interim waste grades.

  (c) A corresponding table on a maximum 100-foot grid pattern that includes coordinates and elevations for the top of the leachate collection layer, the proposed final waste grades, the proposed maximum interim waste grade elevations, and waste thickness.

  (d) A provision for removal of waste from areas that do not settle to the approved final waste grades by the time final cover construction is scheduled to begin for that closure phase.

  (e) Pipe strength and slope stability calculations that account for the maximum interim waste grades.

(12) Abandonment of wells. The plan of operation for a proposed landfill property that includes private water supply wells or groundwater monitoring wells shall include all of the following:

  (a) Methods for abandonment of water supply wells located within the proposed limits of waste in accordance with ss. NR 507.08 (2) and 812.26 and documentation in accordance with s. NR 507.14 (4).

  (b) Phased abandonment of all groundwater monitoring wells within the proposed limits of waste. Abandonment shall include the removal of well casings and screens in accordance with the requirements of s. NR 141.25 (2) (c) and documentation in accordance with s. NR 507.14 (4).

(13) Wetlands and surface waters within proposed limits of waste or support structures. 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 plan of operation for any proposed landfill or expansion of an existing landfill that has wetlands or surface waters within the proposed limits of waste or in other areas proposed to be directly filled or excavated shall include all of the following:

(a) A copy of any navigable waters permit under chs. 30 or 281, Stats., and section 404 of the federal Clean Water Act (33 U.S.C. 1344) and any water quality certification under chs. NR 103 and 299 that have been obtained; or 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 surface water and an explanation of how the plan of operation will comply with the conditions of all applicable state and U.S. Army Corps of Engineers surface water permits.

_Hlk167527497   (b) A copy of any wetland permit under ch. 281, Stats., and section 404 of the federal Clean Water Act (33 U.S.C. 1344) and any water quality certification under chs. NR 103 and 299 that have been obtained; or 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 and an explanation of how the plan of operation will comply with the conditions of all applicable state and U.S. Army Corps of Engineers wetland permits.  

(c) The proposed redesign if a landfill has a condition of feasibility that requires redesign of the landfill limits of waste and landfill-related features to avoid unpermitted wetland or surface water discharges. The proposed redesign shall include a minimum 50-foot undisturbed separation from the delineated wetlands to all perimeter support berms, access roads, drainage ditch boundaries, soil stockpiles, and all other landfill features, unless otherwise approved by the department. The limits of waste shall not be extended vertically or horizontally, and the design capacity shall not be increased beyond that approved in the ch. NR 512 feasibility determination.

(14) impacts to wetland functional values. The plan of operation for any proposed landfill or expansion of an existing landfill shall include a plan for implementing protective measures and actions to avoid significant adverse impacts during construction and operation activities to functional values of nearby wetlands described in the feasibility report or environmental analysis of ch. NR 512. 

181 Section 181   NR 514.09 (1) (a) (intro.) and (b) (intro.) are amended to read:

  NR 514.09 (1) (a) If an expedited plan modification is requested by an owner or operator, this section applies to all proposals that can be determined by the department to be low risk to modify provisions in approved plans of operation or closure plans, except those identified inunder par. (b), that would not result in a violation of a statute or administrative rule, and would not require issuance of an exemption by the department. Modifications to which this section applies include, but are not limited to the following:

  (b) This section does not apply to proposals to modify approved plans of operation or closure plans that would result in any of the following:

182 Section 182   NR 514.09 (1) (b) 10. is created to read:

NR 514.09 (1) (b) 10. Revisions to cost estimates for closure and long-term care.

183 Section 183   NR 514.09 (2) (intro.) is amended to read:

  NR 514.09 (2) Procedure. A proposal to modify an approved plan of operation for an expedited plan modification is deemed approved under s. 289.30 (6), Stats., if all of the following occur:

184 Section 184   NR 514.09 (2m) is created to read:

  NR 514.09 (2m) Incomplete proposal. If a proposal to modify an approved plan of operation or closure plan is incomplete or does not provide all of the information needed to justify the proposed modification, the department shall object to the modification within 30 days after receipt.

185 Section 185   NR 514.09 (3) (a) is amended to read:

  NR 514.09 (3) (a) If the department objects to a proposed modification under sub. (2) or (2m), the following procedures shall apply:

186 Section 186   NR 514.10 (2) (c) is amended to read:

NR 514.10 (2) (c) Renewals of testing periods shall be limited to a maximum of 3 years each. The maximum number of renewals shall be limited to 6. Renewals shall be submitted to the department at least 90 days prior to the expiration of the plan being renewed. Failure to submit renewal requests in accordance with this timeframe may result in suspension of the research, development, and demonstration plan until the renewal is approved.

187 Section 187   NR 516.04 (1) is amended to read:

NR 516.04 (1) Report preparation. A The landfill owner or operator shall prepare and submit a report documenting all aspects of construction shall be prepared for the initial construction of the landfill; the construction of all subsequent phases or portions thereof; the construction of any storm water, groundwater, leachate or gas control structures; the implementation of remedial actions; and the closure of each major disposal area. Approval of a report which that documents the construction of any portion of the base of a landfill shall be obtained from the department prior to initiating disposal operations in the newly established area, unless the department does not issue a determination within 60 days after receiving a complete submittal, along with the appropriate review and construction inspection fees specified in ch. NR 520.

188 Section 188   NR 516.04 (3) (d) (intro.) is amended to read:

NR 516.04 (3) (d) Separate signed statements by the registered professional engineers identified in sub. (2) certifying to the best of their knowledge, information, and belief that the construction of each item identified in the following subdivisions was accomplished in conformance with the approved plans and all applicable solid waste administrative code requirements. All observed deviations and field modifications shall be explicitly noted and discussed including any changes in materials. This certification may not be construed to be either an implied or express guarantee or warranty regarding the performance of the construction documented in this report. No further qualifications to the certification statement may be made and each statement shall also clearly identify the personal observations, knowledge or other information on which the certification is based.