CR 24-063 Rule Text

3. A sufficient number of passes of the compaction equipment shall be made over each lift during construction to ensure complete remolding of the soil. All compaction equipment used to construct the prepared soil sub-base shall have a minimum static weight of 30,000 pounds. The prepared sub-base soil shall be constructed to prevent mixing the soil with other in-situ sub-base soil or with underdrain system soil and may be constructed in a single one-foot lift.

4. All sub-base soil shall be compacted to 90 percent modified or 95 percent standard Proctor density at a moisture content at least 2 percent wet of optimum if using the modified Proctor method and wet of optimum if using the standard Proctor method, based on the characteristics of the appropriate Proctor curve for the soil being placed. As soil placement proceeds, the minimum density and moisture content targets shall be adjusted as necessary.

5. If the native in-situ soils meet the requirements of subds. 1. and 2., and the design does not include an underdrain system, the native in-situ soils may be used as the prepared sub-base component in the alternative liner design.

(b) The clay component of the alternative liner shall meet the following requirements:

1. All clay used in liner construction shall meet the specifications of s. NR 504.06 (2) (a).

2. The minimum thickness of the clay component at the base of the landfill shall be at least 3 feet, except as provided under subds. 3. and 4.

3. The minimum thickness of the clay component of the sloped interior sidewalls of the landfill shall be at least 2 feet.

4. The minimum thickness of the clay component of the leachate collection sump required by s. NR 504.06 (5) (j) shall be at least 4 feet at the bottom and all sides of the sump up to the top of the sump.

5. The clay component of the liner shall be constructed as required by s. NR 504.06 (2) (d) and (f).

(c) The geomembrane component shall meet the requirements of s. NR 504.06 (3).

(d) The leachate collection system shall be designed as required by s. NR 504.06 (5), except that all leachate collection or transfer pipes shall have a minimum 6-inch inside diameter.

(e) In addition to the leachate collection system required in par. (d), a minimum 6-inch inside diameter perforated leachate collection pipe shall be placed at the toe of the 3 horizontal to one vertical interior sidewalls of the landfill with cleanout access as required by s. NR 504.06 (5) (g).

(3) An owner or operator of a landfill proposing an alternative liner design that uses native in-situ soils as the prepared sub-base component and does not include an underdrain system shall investigate subsoils on a 100-foot grid to a minimum depth of 2 feet below the sub-base grades of the liner to determine the degree and extent of sand seams, peat, or other unsuitable soils. All sand seams, peat, or other unsuitable soils found as a result of the investigation or encountered during construction shall be removed and replaced with compacted soil meeting the requirements of sub. (2) (a) 2., 3., and 4., provided the landfill is not a zone-of-saturation design. If the proposed landfill is a zone-of-saturation design, then the owner or operator shall investigate subsoils and replacement as specified in s. NR 504.06 (4) (d) with the replacement of soil in the upper 2 feet also meeting the requirements of sub. (2) (a) 2., 3., and 4.

(4) In accordance with this section, the owner or operator of a landfill may propose an alternative liner system design in the feasibility report required under ch. NR 512 or as a modification to an existing plan of operation. This plan modification request may not increase the approved design capacity of the landfill or change the limits of filling. Plan modification submittals shall adhere to the following schedule:

(a) An owner or operator intending to construct a liner in 2026 may submit a plan modification in 2025.

(b) An owner or operator intending to construct a liner in 2027 may submit a plan modification in 2026.

(c) An owner or operator intending to construct a liner during or after 2028 may submit a plan modification during or after 2027.

50 Section 50   NR 504.07 (1) (b) and (c), (4) (a) 14., and (7) are amended to read:

NR 504.07 (1) (b) All new landfills and expansions of existing landfills shall be designed with a final cover system meeting the requirements in subs. (2) to (9) unless it is established to the satisfaction of the department that portions of the final cover system are not needed based on the proposed waste types and the proposed design or if the final cover system is for a municipal solid waste landfill and meets all requirements under s. NR 504.073. The geomembrane component in sub. (5) does not apply to landfills designed exclusively for the disposal of high volume high-volume industrial waste, or to other landfills which that are not designed to accept municipal solid waste unless the landfill is composite lined.

(1) (c) Any phases of an existing landfill which that have been designed and constructed with a composite liner shall be designed and constructed with a final cover system meeting the requirements in under subs. (2) to (9), except that the requirement for the geomembrane layer in sub. (5) does not apply to composite lined phases of existing landfills which have completed final cover placement by July 1, 1996.

(4) (a) 14. A sufficient number of passes of the compaction equipment shall be made over each lift to ensure complete remolding of the soil. All compaction equipment utilized shall have a minimum static weight of 30,000 pounds. Compaction equipment with static weight that exceeds 15,000 pounds may be utilized where when it utilizes vibration to achieve dynamic compaction that exceeds 30,000 pounds of compaction energy. Lighter equipment may be used in small areas where it is not possible to use full size equipment. Alternative procedures or equipment may be proposed for written approval by the department.

(7) Topsoil. A minimum of 6 inches of topsoil shall be designed over the cover layer to support the proposed vegetation. Fertilizer and lime shall be added in accordance with section 630, Wisconsin Section 629 of the latest edition of the department of transportation standard specifications for road and bridge highway and structure construction or other appropriate specifications in order to establish a thick vegetative growth.

51 Section 51 NR 504.07 (8) is renumbered NR 504.07 (8) (intro.) and amended to read:

NR 504.07 (8) (intro.) Revegetation. The landfill owner or operator shall propose the seed type and amount of fertilizer to be applied shall be proposed depending on that is compatible with the type and quality of topsoil and compatibility with both, the native vegetation and the final use. Application rates for fertilizer and mulch shall also be specified. Unless otherwise approved by the department in writing, seed mixtures and sowing rates shall include one of the following: be those specified for right–of–ways according to section 630, 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and the 2004 supplemental specifications. Application rates for fertilizer and mulch shall also be specified.

52 Section 52 NR 504.07 (8) (a) to (c) are created to read:

NR 504.07 (8) (a) A grass seed mixture and sowing rates based on those specified for a highway right-of-way according to Section 630 of the latest edition of the department of transportation standard specifications for highway and structure construction.

_Hlk166675730 (b) A native seed mixture and sowing rates based on those specified for a highway right-of-way in Table 630-2 of Section 630 of the latest edition of the department of transportation standard specifications for highway and structure construction. A native seed mixture submittal shall, at a minimum, include all of the following information:

1. The rate of application, method of application, and anticipated timeline for vegetation to become established enough to prevent erosion of the topsoil.

2. The nurse crop, cover crop, and erosion control measures that will be used if the native vegetation is anticipated to take more than one year to become established.

3. A maintenance plan for ensuring the health and viability of the native seed mix, including specific methods for preventing the establishment of woody vegetation and Wisconsin terrestrial invasive species and specifying that mowing for routine maintenance shall occur outside the primary nesting bird season of June 1 through August 31.

(c) An alternative native seed mixture that includes the scientific name of all species within the alternative native seed mixture and the information required under s. NR 504.07 (8) (b) 1. to 3. The alternative seed mixture may not include plant species that are considered a Wisconsin terrestrial invasive species or require burning as a maintenance practice.

53 Section 53   NR 504.07 (8) (Note) and (9) (c) are amended to read:

  NR 504.07 (8) Note: The 2003 edition of the Wisconsin department of transportation standard specifications for highway and structure construction and any annual supplemental specifications are available at http://www.dot.wisconsin.gov/business/engrserv/procedures.htm https://wisconsindot.gov/pages/doing-bus/eng-consultants/cnslt-rsrces/rdwy/stndspec.aspx or can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail] [e-mail]. Copies are also available for inspection at the offices of the legislative reference bureau and the secretary of state.

(9) (c) Excavation or disturbance of the final cover or any waste materials.

54 Section 54   NR 504.073 is created to read:

NR 504.073 Alternative final cover design for municipal solid waste landfills. All new municipal solid waste landfills and expansions of existing municipal solid waste landfills shall meet all of the requirements under s. NR 504.07 unless the owner demonstrates to the satisfaction of the department that the final cover system is designed to adequately protect public health, welfare, and the environment and meets all of the following criteria:

(1) Design. (a) The final cover system shall include a grading layer meeting all of the requirements under s. NR 504.07 (2).

(b) The permeability of the final cover system shall be no greater than the permeability of the landfill’s liner system or 1 x 10-7 cm/second, whichever is lower.

(c) The final cover system shall include a layer that achieves an equivalent reduction in infiltration as the layers specified under s. NR 504.07 (4).

(d) The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence.

(e) The final cover system shall include an erosion-prevention layer that provides equivalent protection from wind or water erosion as the topsoil layer and vegetation specified under s. NR 504.07 (7) and (8).

(f) The final cover system shall meet the requirements of s. NR 504.07 (9).

(2) Submittal. The owner or operator of a landfill may propose an alternative final cover design in the feasibility report required under ch. NR 512 or as a modification to an existing plan of operation. Plan modification submittals shall adhere to the following schedule:

(a) An owner or operator intending to construct a final cover in 2026 may submit a plan modification in 2025.

(b) An owner or operator intending to construct a final cover in 2027 may submit a plan modification in 2026.

(c) An owner or operator intending to construct a final cover during or after 2028 may submit a plan modification during or after 2027.

55 Section 55   NR 504.075 (3), (4) (b), and (9) are amended to read:

NR 504.075 (3) Initial site inspection. An initial site inspection shall be conducted in accordance with s. NR 509.04 for each a proposed soil borrow source unless a storm water discharge permit has been obtained by the landfill owner or operator for the soil borrow source location.

(4) (b) Submittals for soil borrow sources shall include site–specific surface water drainage patterns and significant hydrologic features such as surface waters, springs, drainage divides and wetlands; areas of special natural resource interest; and historical or archaeological areas within and adjacent to the proposed limits of excavation. Applicable documentation including endangered or threatened species reviews, historic and archeological site reviews, wetland delineation reports, and permits required under chs. NR 151 and 216, and chs. 30 and 281, Stats., shall be included in each submittal for a soil borrow source request.

(9) Stormwater Storm water management. Submittals for soil borrow sources shall include a stormwater storm water management plan that complies with the requirements of s. NR 504.09 (1) (a) to (f) and (h) to (j), unless the soil borrow source is subject to other permits with equivalent authority and requirements, such as a stormwater storm water discharge permit or non-metallic mining reclamation permit.

56 Section 56   NR 504.08 (1) and (2) (intro.) are amended to read:

NR 504.08 (1) General. All landfills accepting wastes with the potential to generate gas shall be designed to prevent the migration of explosive gases and prevent the emission of greenhouse gases generated by the waste fill.

(2) Active gas extraction and treatment. In order to efficiently collect and combust hazardous air contaminants, all landfills which that accept municipal solid waste shall be designed and operated with an active gas recovery extraction system. All gas recovery extraction systems shall include all of the following design features, unless otherwise approved by the department:

57 Section 57   NR 504.08 (2) (o) is created to read:

NR 504.08 (2) (o) The system shall be designed to have the ability to perform gas extraction if required under s. NR 506.07 (4g).

58 Section 58   NR 504.09 (1) (j), (2) (f), and (2) (i) are amended to read:

  NR 504.09 (1) (j) Design of all storm water management features shall comply with other applicable requirements of the department. Such requirements include, but are not limited to, ch. NR 103 and permits required by ch. 30, Stats.

(2) (f) A minimum separation distance of 100 feet shall be maintained between the limits of filling and the adjacent property line. A minimum distance of 50 feet shall be maintained between any permanent berms or excavations associated with the landfill, excluding storm water diversion structures and screening berms, and the adjacent property line.

(2) (i) A minimum of 2 leachate head wells shall be proposed for each major horizontal phase of the landfill unless otherwise approved by the department in writing.

59 Section 59   NR 504.09 (2) (L) is created to read:

NR 504.09 (2) (L) A minimum separation distance of 50 feet shall be maintained between the limits of disturbance and a delineated wetland boundary unless otherwise approved by the department in writing.

60 Section 60   NR 504.10 (1) (a), (3) (intro.), and (4) are amended to read:

NR 504.10 (1)  (a) An applicant may design a high volume industrial waste landfill to meet the standards contained in propose an alternative to the requirements under ss. NR 504.05 to 504.09 or may propose an if the proposed alternative design in accordance with the provisions meets the requirements of this section.

(3) Design criteria. An applicant seeking approval of an alternative design under this section shall demonstrate in the feasibility report required inunder ch. NR 512 that the alternative design adequately protects public health, welfare, and the environment and meets or exceeds the location and performance standards of s. NR 504.04. The applicant may include the following types of information as a part of such a demonstration:

(4) Approval criteria. The department shall approve the alternative design proposed by the applicant if the department determines to a reasonable degree of certainty that the alternative design adequately protects public health, welfare, and the environment and meets or exceeds the location and performance standards of s. NR 504.04.

61 Section 61   NR 506.05 (1) is amended to read:

NR 506.05 (1) Municipal solid waste. All solid waste disposed in a municipal solid waste landfill shall be compacted and completely covered at the end of each operating day with a compacted layer of at least 6 inches of soil. Alternate daily cover materials may be approved or mandated by the department as required in s. NR 506.055. If clay soil is used for daily cover purposes, it Any daily or alternate daily cover materials that may inhibit the movement of gas or leachate shall be scarified or removed prior to placement of the next lift of solid waste.

62 Section 62   NR 506.055 (3) is amended to read:

NR 506.055 (3) General approval for the use of alternate daily cover. The department may issue general written approvals for use of specific alternate daily cover materials which that have been demonstrated to control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. The department may prohibit or limit the use of alternate daily cover materials at any time if the department determines that use of the alternate materials results in nuisance conditions or a negative effect on landfill performance.

63 Section 63   NR 506.06 is amended to read:

NR 506.06 Intermediate cover. Unless otherwise approved by the department in writing, any portion of a landfill which that has been used for solid waste disposal but will not receive additional solid waste for a period exceeding 6 months shall be covered with a minimum of one foot of fine grained soil intermediate cover or other material approved by the department in writing. A specific soil type may be specified by the department for this one foot layer. Intermediate cover material shall have no large objects that may obstruct compaction of the soil. The intermediate cover shall be compacted and adequately sloped to allow storm water runoff. The slopes shall be, with slopes no less than 5% 5 percent and no greater than 33% 33 percent. The department may require that intermediate slopes be vegetated depending on the length of time they will remain open. Intermediate cover shall be repaired as needed to maintain a minimum of one foot of compacted material until the intermediate cover is stabilized by means of vegetation or other erosion control measures in accordance with applicable sections of chs. NR 151 and 216. This section does not apply to high volume high-volume industrial waste, nor does it apply to wood residue approved as a construction material or to provide protection of the liner from frost under s. NR 506.07 (3) (b), unless specifically required by the department.

64 Section 64   NR 506.07 (1) (u) and (3) (d) are created to read:

NR 506.07 (1) (u) No additional waste placement shall occur in areas that have reached waste final grades and received intermediate cover under s. NR 514.07 (3) (b) unless approved by the department in writing.

(3) (d) High-volume industrial waste landfills shall have a means to direct storm water to the leachate collection system, or otherwise remove storm water, to prevent ponding within the landfill and ensure that routine operation, maintenance, reaching final waste grades, and closure are not impeded.