CR 24-063 Rule Text

(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.

189 Section 189   NR 516.04 (3) (d) 4. is created to read:

NR 516.04 (3) (d) 4. Elements of the construction relating to preparation of sub-base for an alternative liner design or in areas of unsuitable soil removal. Those elements shall include all of following:

a. The quality of prepared sub-base material used and placement methods.

b. Connections with previously placed prepared sub-base layers.

c. Placement of compacted clay materials over the prepared sub-base.

190 Section 190   NR 516.04 (5) (intro.) and (b) are amended to read:

NR 516.04 (5) Preconstruction reports. A preconstruction report shall be prepared for construction of each phase of a composite liner as well as each phase of a composite capping layer. The department may also require a preconstruction report for each phase of construction which that utilizes other geosynthetics, or when other geosynthetic materials are used in significant structural features of the landfill. The preconstruction report shall be submitted to the department no later than 15 days prior to each of the preconstruction meetings for the construction of the geomembrane component of a composite liner or a composite capping layer. Unless otherwise specified, 3 copies shall be provided to the appropriate department field office. The preconstruction report shall include, at a minimum, all of the following:

  (b) Identification of the manufacturer of the geomembrane, GCL and other geosynthetics used in construction, manufacturer qualifications, technical specifications of the geomembrane resin and polymer selected, technical specifications for geotextile and reinforcement of the GCL, bentonite specifications used for manufacture of the GCL, and a table summarizing the results of the manufacturer’s quality control tests on the geomembranes and GCLs supplied to the project.

  (bc) Identification of the fabricator of geotextiles and other geosynthetics used in site construction, and technical specifications of the products and materials to be used. methods used to bond the materials together and to connect panels together, installation contractor, contractor qualifications and on-site supervisory staff. Description of any

  (bm) Manufacturer and contractor-specific storage and material handling procedures, deployment methods, attachment methods, panel overlaps, patching, procedures for minimizing bentonite loss in the GCL, and acceptable limits on sub-grade for geomembrane or GCL, including maximum rut depth, maximum stone size, removal of gravel cobbles and other debris and limits imposed by weather conditions.

  (br) Description of methods to be used to assure the GCL does not become saturated prior to covering with soil and the procedure that will be followed if the GCL does become saturated, methods and equipment to be used to place the geomembrane over the GCL, and the maximum time between deployment of the GCL and placement of soil cover layers.

  (bu) Description of the selected materials and source of the sideslope riser pipe, methods proposed to assemble and place the sideslope riser pipe, and measures to be taken to prevent puncture of the geomembrane below the sideslope riser pipe and protective drainage material.

191 Section 191 NR 516.04 (5) (bg) is created to read:

NR 516.04 (5) (bg) Manufacturer specifications for geomembrane and other geosynthetics to be used, including all of the following:

1. Methods of storage and material handling procedures.

2. Methods used to bond the materials together and to connect panels together.

3. A timeline for exposure to UV radiation after deployment.

192 Section 192 NR 516.04 (5) (c) to (e) are amended to read:

NR 516.04 (5) (c) The results of a shear test conducted, in accordance with ASTM method D5321, on the soils and geosynthetic materials selected for use in construction of the liner system and the final cover system. The test shall be conducted using wetted soil and geomembrane interfaces. The shear test results shall be used to evaluate the stability of the geomembrane component over the clay component and the drainage layers and overburden placed on the geomembrane component. For designs which that utilize a GCL, the shear test results shall be used to evaluate the stability of the geomembrane component over the GCL component and the soil barrier layer, and the drainage layers and overburden placed on the geomembrane component. Wet unit weights of soils shall be used in analyses. If all soil and geosynthetic materials to be used are identical to those that were tested for a previous construction event then, the test need not be conducted again. The department may waive testing of materials which that are proposed exclusively for use on liners or final cover systems with slopes of less than 10% 10 percent.

  (d) A copy of the approved quality control plan which that provides all information specified in s. NR 514.07 (1) (i), as well as identification of the installation contractor, contractor qualifications and on-site supervisory staff. Any proposed changes to the quality control plan contained in a landfill’s approved plan of operation shall be highlighted and explained.

  (e) A copy of the approved quality assurance plan which that provides all information specified in s. NR 514.07 (1) (j), as well as identification of the registered professional engineer and qualified technician who will be providing quality assurance and a summary of their qualifications and related work experience.

193 Section 193   NR 516.04 (7) is created to read:

NR 516.04 (7) Construction drawings. Prior to construction of a new landfill area, closure of a landfill area, or construction of a gas extraction system, an electronic copy of the construction drawings shall be provided to the department.

194 Section 194   NR 516.05 (intro.) and (1) (a), (c), and (e) are amended to read:

NR 516.05 Construction of landfill areas. In addition to the general information specified in s. NR 516.04 (3) (d), reports documenting the construction of all new landfill areas shall be submitted to the department within 90 days of construction completion and contain all of the following minimum information:

(1) (a) A plan view documenting the constructed grades for the underdrain, sub-base, prepared sub-base, sidewalls, leachate collection trench undercuts, and all sub-base appurtenances such as lysimeters and drain pipes, prior to liner placement. Documentation of the grades shall consist of spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench undercut elevations at least every 25 linear feet. If a total station or laser equipment is used to set elevations, the elevations may be taken every 50 linear feet. The approved sub-base grades shall also be shown for the same area in a clear and legible manner.

(c) A plan sheet documenting the constructed elevations for the liner system. This plan sheet shall contain spot elevations of the base, sumps, sidewalls, and leachate collection trenches. Documentation of grades shall include spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench elevations taken every 25 linear feet. If a total station or laser equipment is used to set elevations, the leachate collection trench elevations may be taken every 50 linear feet. The approved base grades shall be shown for the same area in a clear and legible manner.

(e) Cross-sections through the constructed area parallel and perpendicular to the base line of the facility. A minimum of 4 cross-sections shall be prepared, 2 of which shall be in each direction. Additional cross-sections shall be prepared as necessary to add clarification. Each of the cross-sections shall show actual and design sub-base, prepared sub-base, and base grade contours, underdrain contours and piping, the top of the granular drainage blanket, leachate and groundwater pipe elevations, and the actual base and sub-base contours of adjacent filled areas. The design sub-base, prepared sub-base, and base grade contours do not need to be shown if there is not an observable variation from the design grades.

195 Section 195   NR 516.05 (1) (j) is created to read:

NR 516.05 (1) (j) The results of the manufacturer’s quality control tests on the geomembrane, GCLs, and any other geosynthetic material supplied to the project.

196 Section 196   NR 516.05 (2) (a), (e) (intro.) and 1., and (f) are amended to read:

NR 516.05 (2) (a) An analysis and discussion of all soil and geomembrane testing work performed, including a discussion of soil and geomembrane test results that did not meet required specifications, how the extent of the failed test was tracked to passing results, and how the soil and geomembrane materials were replaced, reworked, or repaired to meet required specifications. All density and moisture content testing results shall clearly indicate which Proctor curve or line of optimums is applicable to the soil being compacted. Any changes in the referenced Proctor curve or line of optimums shall be identified as to when they occurred and why the change was made. All raw data from the soil and geomembrane testing performed shall be included in an appendix to the construction documentation report unless other arrangements were previously approved by the department. The raw data shall be summarized using a tabulated format. Also included shall be the make, model, weight, and foot length of each piece of equipment used to compact clay.