194Section 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.
195Section 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.
196Section 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.
(e) Daily summary reports prepared by the registered professional engineer or qualified technician performing continuous quality assurance for each day that clay is placed and installation of geomembrane or other geosynthetics is either attempted or accomplished when constructing composite-lined sites. The reports shall specifically describe practices employed for base grade preparation and acceptance before geomembrane installation and drainage layer placement, and all of the following:
1. Identification and location of clay or geomembrane panels placed, with modifications of the fabrication plan noted.
(f) A series of properly labeled 35 millimeter color prints or prints from digital photographs documenting all major aspects of facility construction. This shall include close–up photographs of the construction process including prepared sub-base, clay liner, and soil barrier layer placement and compaction equipment,; deployment of geomembrane and all other geosynthetics,; deployment equipment,; leachate pipe placement including all places where transfer piping exits the lined waste fill area or sideslope riser installation,; drainage blanket placement and the installation of all manholes, sumps, sideslope risers, lift stations, and storage tanks. Panoramic views shall be included showing the prepared sub-base and the completed liner before and after granular blanket placement.
197Section 197 NR 516.05 (2) (g) is created to read: NR 516.05 (2) (g) Copies of completed well abandonment forms for water supply wells or groundwater monitoring wells. These copies shall be included in the respective liner construction documentation report for the phases where the monitoring wells were located in accordance with s. NR 507.14 (4). 198Section 198 NR 516.06 (intro.) is amended to read: NR 516.06 Closure of landfill areas. In addition to the requirements of s. NR 516.04 (3), all construction documentation reports for the closure of landfill areas shall be submitted to the department within 90 days of the completion of construction and contain all of the following minimum information: 199Section 199 NR 516.06 (1) (j) is created to read: NR 516.06 (1) (j) The results of the manufacturer’s quality control tests on the geomembrane, GCLs, and any other geosynthetic material supplied to the project.
200Section 200 NR 516.06 (2) (a), (d), and (g) are amended to read: NR 516.06 (2) (a) An analysis and discussion of all soil, geomembrane, and other geosynthetic testing work performed, including a discussion of soil and geomembrane test results that did not meet required specifications, how the extent of failed test results were tracked back 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, geomembrane and other geosynthetic testing performed shall be included in an appendix to the closure documentation report unless other arrangements were previously approved by the department in writing. 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.
(d) A table showing gas extraction well construction information including: location, surface elevation, depth of the borehole, top of casing elevation, elevation and length of the solid and perforated piping, elevation and length of the gravel backfill, bentonite seal, and other backfill materials. The table shall also include the distance between the bottom of the vertical gas extraction wells and the top of the leachate collection system and include an explanation for any well that does not meet the requirements of s. NR 504.08 (2) (b). (g) A series of properly labeled 35 millimeter color prints which photographs that document all major aspects of facility closure. This shall include panoramic views of the closed area as well as close-up photos of the construction process and completed engineering structures such as gas extraction wells or vents, blower and flare stations, cleanout ports, manholes, gas condensate tanks, and other pertinent structures.
201Section 201 NR 516.07 (1g) is created to read: NR 516.07 (1g) Prepared sub-base construction. For all prepared sub-base construction, all of the following tests:
(a) Dry density and as-placed moisture content shall be determined on an approximate 100-foot grid pattern for each one-foot thickness of prepared sub-base soils placed. If more than one foot is used, the grid pattern shall be offset on each subsequent layer of tests. A minimum of 2 density and moisture content tests for each one-foot thickness of prepared sub-base soils placed shall be performed to fully define the degree of soil compaction obtained in confined areas where equipment movement is hindered or hand compaction is necessary.
(b) One moisture-density curve shall be developed for every 1,500 cubic yards or less of prepared sub-base soils placed and for each major soil type utilized. At least 5 points shall be established on each curve. If apparent changes in soil quality are observed during clay placement, a one-point Proctor analysis shall be utilized to verify the applicability of previously analyzed moisture-density curves.
(c) A minimum of one undisturbed sample for each acre for every one-foot thickness of prepared sub-base soils placed shall be analyzed for laboratory hydraulic conductivity using effective stresses less than or equal to 5 psi and hydraulic gradients less than or equal to 30.
(d) If the native in-situ soils meet the requirements of s. NR 504.065 (2) (a) 1. and 2., results of borings, backhoe pits, or other means of exposing subsoils performed on a 100-foot grid to a minimum depth of 5 feet below the sub-base grades of the liner shall be assessed to determine if sand seams, peat, or other unsuitable soils are present. If sand seams, peat, or other unsuitable soils are detected within this 5-foot depth during construction, describe how they were removed and replaced with compacted soil. 202Section 202 NR 516.07 (2) (a) (intro.) and 4. and (c) 2., 4., and 5., and (2m) (a) 1. to 3. are amended to read: NR 516.07 (2) (a) Conformance sampling and testing shall be conducted on geomembrane materials delivered on site and used in construction. If geomembrane materials are used from a previous construction project, the conformance testing results shall be provided in accordance with subds. 1. to 4. and a narrative shall be provided discussing the storage of the geomembrane materials between the previous and current construction projects. Sampling shall be conducted by the quality assurance engineer or qualified technician. and shall include all of the following:
4. Geomembrane environmental stress cracking resistance documentation shall be provided which that shows that the manufacturer performed a minimum of one test for each batch of resin used to manufacture rolls delivered on site. This testing is not required if the selected resin does not exhibit a well-defined reproducible yield point.
(c) 2. Destructive seam test samples shall be taken at a rate of one sample per 500 feet of fusion seam accomplished, unless another frequency or spacing is approved by the department. For landfills conducting leak location testing in accordance with par. (d), destructive seam test samples shall be taken at a rate of one sample per 1,000 feet of fusion seam accomplished, unless another frequency or spacing is approved by the department. A portion of the sample shall be tested both in the field and in the laboratory for shear and peel with a minimum of 5 samples for each test type. The quality assurance engineer or qualified technician shall choose the location of the destructive seam samples. The total seam length of fusion seaming accomplished shall be provided.
4. Field shear and peel tests of geomembrane seams and geomembranes shall be performed using standardized specimen sizes in tensile testing machines. The tensile testing machine shall be equipped with electrically controlled and smoothly moving jaw separation apparatus, shall be capable of adjustments and defined settings for jaw separation rate, and shall display jaw separation rates and tensile loadings exerted on the geomembrane samples. Tensile testing machines shall be accompanied by documentation for calibration conducted within 3 months of the start of geomembrane installation for the specific load cells used. Geomembrane samples shall be prepared for field analyses by use of templates and cutting tools that prepare uniformly sized samples.
5. Field and laboratory shear and peel testing of geomembrane seam samples shall include a minimum of 5 peel tests and 5 shear tests. Fusion welds shall be tested on both sides of the air channel track. Acceptable test results shall be defined by a minimum of 4 of the 5 Tests shall be acceptable when all samples for peel and shear testing meeting or exceeding meet or exceed minimum tensile strength and elongation requirements and 5 of the 5 samples exhibiting all samples exhibit acceptable weld separation behavior.
(2m) (a) 1. Clay mass per unit area shall be tested at a rate of one test per 40,000 ft2 of GCL installed; results shall be reported at 0% 0 percent moisture content.
2. Grab and peel tensile strength, expressed as machine direction and cross direction, shall be tested using ASTM-D6768-02 at a rate of one test per 100,000 ft2 of GCL installed.
3. Index flux shall be tested using ASTM-D6496-99 at a rate of one test per 100,000 ft2 of GCL installed.
203Section 203 NR 516.07 (6) is created to read: NR 516.07 (6) Post-construction repairs. Repairs made to liner or final cover systems after initial construction has been approved shall be performed and documented in accordance with this chapter and the approved construction quality control and construction quality assurance plans. Documentation of the repairs and all related material testing shall be submitted within 30 days of the completion of repairs, unless approved by the department in writing.
204Section 204 NR 516.09 is repealed. 205Section 205 NR 518.07 (2) (f) is amended to read: NR 518.07 (2) (f) The department may require monitoring as part of the landspreading plan approval including soil concentrations, surface water, groundwater, plant tissue, or other parameters as appropriate. If borings or wells are required, they shall be installed in accordance with ch. NR 508 507. 206Section 206 NR 520.04 (1) (a), (b), and (d) 3. to 5. are amended to read: NR 520.04 Licenses and fees. (1) (a) Application for an initial license for a new solid waste facility may be submitted at any time during the license period. Initial licenses issued during the license period shall expire at the end of that license period. The applicant for initial licensing of a facility, at any time during the license period, shall submit the appropriate annual fees amount as shown in Table 2 or Table 3, whichever is applicable.
(b) Each year, the department will mail send renewal application forms to existing license holders. Applicants failing to submit the relicensing application to the department within the specified time shall pay a late processing fee equal to 50% 50 percent of the renewal fee or $150.00, whichever is less, in addition to the relicensing fee.
(d) 3. The tonnage rate shall be 9.0 cents/ton through March 31, 2004, 12.0 cents/ton effective April 1, 2004, 14 cents/ton effective July 1, 2004, and 15.0 cents/ton effective July 1, 2005, and beyond 25.0 cents/ton effective January 1, 2026, 27.0 cents/ton effective January 1, 2031, and 30.0 cents/ton effective January 1, 2036.
4. Note: The forms will be mailed sent to the landfill owners or operators by the department on a quarterly basis.
5. The department shall hold a public meeting annually in September to review the status of and projections for the waste management program revenue account. If, for 3 consecutive fiscal years, the end of year account balance is greater than 20% 25 percent of the expenditure level of the program revenue account authorized in s. 20.370 (4) (dg), Stats., the department shall submit to the natural resources board proposed rule revisions with appropriate justification for the modification of the surcharge payable under this paragraph to more closely align revenues with expenditures in accordance with s. 289.61 (3), Stats. The proposed rule revisions shall be submitted within 180 days after the date of the public meeting. 207Section 207 NR 520.04 (1) (d) 6. is created to read: NR 520.04 (1) (d) 6. The license fee surcharge under subd. 1. does not apply to any of the following waste disposed of at landfills:
a. Waste that was previously disposed of in a licensed landfill and is excavated and disposed of in another licensed landfill.
c. Waste created as a direct result of a one-time project paid for entirely with state funds.
208Section 208 NR 520.04 (3), (4) (intro.) and (a) are amended to read: NR 520.04 (3) Licensure during the closure and long-term care period. The owner or operator and any successor in interest shall maintain a license during the closure and long-term care period indicated in s. 289.41 (1m), Stats. The owner or operator for an intermediate sized construction and demolition waste landfill under s. NR 503.10 shall obtain authorization to begin the long-term care period. The license and long-term care period authorization fees are specified in Table 3. The owner or operator shall maintain an active operating license until all closure activities are complete and the department has issued a long-term care license, if applicable. (4) Plan review and license fees. For the purposes of determining plan review and license fees, all of the following shall apply:
(a) Plan review and license fees shall be charged in accordance with Tables 2, 3 and 5 2 and 3.
209Section 209 NR 520.04 (4) (b) and (c) are repealed. 210Section 210 NR 520.04 (4) (d) to (i) are created to read: NR 520.04 (4) (d) The plan review fees specified in Table 2 for all facilities except landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 2 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete.
(e) A plan modification as referred to in Table 2 is a submittal that proposes to modify a plan of operation or closure plan previously approved by the department.
(f) The department shall waive the plan review fees and license fees in Table 2 for a processing facility, including a composting facility, an electronics processing facility, or an incinerator that has a primary purpose of converting solid waste into usable materials, products, or energy. The waiver does not include the initial site and construction inspection fees or the construction documentation review fee.
(g) The plan review fees specified in Table 3 for landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 3 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete.
(h) A plan modification fee in Table 3 applies to a submittal that proposes to modify any of the following:
1. A plan of operation previously approved by the department.
2. A closure plan previously approved by the department.
3. The design management zone.
4. Calculation of indicator preventive action limits or alternative concentration limits as defined in ch. NR 140. 5. Exemptions to any groundwater standard under ch. NR 140 in a previously approved plan of operation. (i) The supplementary review fee in Table 3 applies to any of the following submittals:
1. An alternative geotechnical investigation plan under s. NR 512.085. 2. An initial site construction approval request under s. NR 514.04 (6m) or for small and intermediate sized landfills under ch. NR 503. 3. A site investigation or remedial action plan for environmental remediation.
