5 Refer to s. NR 506.07 (4r).
6 Vertical measurement of liquid in gas extraction well, in feet.
129Section 129   NR 507 Appendix I, Table 5 is amended to read:
Table 5
DETECTION LYSIMETER MONITORING
FOR ALL LANDFILLS1,2
Municipal Solid Waste
Municipal Solid Waste Combustor Residue
Paper Mill Sludge
Fly or Bottom Ash
Foundry Waste
The volumes of lysimeter fluid removed shall be recorded at least monthly and reported to the department semi-annually.
Semi-annual Monitoring Parameters
Field conductivity
(at 25°C)
Field pH
Alkalinity
Hardness (Total, Ca + Mg)
Chloride
COD
Total Kjeldahl nitrogen
Sodium
Sulfate
Other parameters specified by waste type in this table if accepted at the landfill
Field conductivity
(at 25°C)
Field pH
Alkalinity
Cadmium
Hardness (Total, Ca + Mg)
Chloride
COD
Lead
Total Kjeldahl nitrogen
Sodium
Sulfate
Field conductivity
(at 25°C)
Field pH
Alkalinity
Hardness (Total, Ca + Mg)
Chloride
COD
Total Kjeldahl nitrogen
Sodium
Sulfate
TOC
Field conductivity
(at 25°C)
Field pH
Alkalinity
Boron
Hardness (Total, Ca + Mg)
Chloride
COD
Total Kjeldahl nitrogen
Sulfate
Field conductivity
(at 25°C)
Field pH
Alkalinity
Hardness (Total, Ca + Mg)
Chloride
COD
Fluoride
Total Kjeldahl nitrogen
Sulfate
Annual Monitoring Parameters
VOC scan3VOCs
VOC scan3VOCs
VOC scan3VOCs
VOC scan3VOCs
1 Lysimeter monitoring for landfills accepting waste not included in this table shall be done as specified by the department in writing.
2 Lysimeter samples may not be filtered. When only small sampling volumes are obtained, the VOC scan analysis shall take precedence. The color, odor and turbidity shall also be noted recorded for all samples in accordance with ss. NR 507.17 (1) (b) and 507.26 (1), but do not need to be reported in electronic format.
3 Refer to ch. NR 507 Appendix III for a list of the individual volatile organic compounds VOCs required for a VOC scan.
130Section 130   NR 507 Appendix I, Table 6 is created to read:
Table 6
GAS MONITORING FOR LANDFILLS ACCEPTING
MUNICIPAL SOLID WASTE
Monitoring Point Type
Parameters
Monitoring and
Reporting Frequency
Gas extraction well1
Header pressure (inches of water)
Well head pressure (inches of water)
Gas temperature (deg. F)
Carbon dioxide (volume %)
Methane (volume %)
Oxygen (volume %)
Gas flow rate (SCFM)
Balance Gas (volume %)
Monitor monthly
Report semi-annually
Percent open interval (gas well screen)2
Depth of leachate3
Monitor and report annually
Blower / Compressor4
Header pressure (inches of water)
Gas temperature (deg. F)
Carbon dioxide (volume %)
Methane (volume %)
Oxygen (volume %)
Gas flow rate (SCFM)
Balance gas (volume %)
Gas volume extracted (1,000 cu ft./month)
Monitor monthly
Report semi-annually
Total reduced sulfur (ppmv as S)
VOCs
Monitor and report annually
Gas monitoring well (gas probe)
Methane (volume %)
Oxygen (volume %)
Monitor and report quarterly5
Site conditions
Ground conditions6
Ambient air temperature (deg. F)
Barometric pressure (mm of Hg)
Trend in barometric pressure
Monitor and report in conjunction with each gas probe monitoring event
1 The monitoring program for a temporary vertical or horizontal gas extraction well shall be the same as a permanent vertical gas extraction well. The intended use, design, and monitoring for a temporary well shall be included in the landfill's plan of operation.
2 Refer to s. NR 506.07 (4r).
3 Vertical measurement of liquid in gas extraction well, in feet.
4 Monitoring points may be shared with other licensed landfills at a facility; however, at a minimum each licensed landfill shall include a point where landfill gas quality and flow rate parameters are monitored and reported to evaluate gas collection from each licensed landfill separately.
5 The monitoring interval for gas monitoring wells during the active life and proof of owner financial responsibility portion of the perpetual long-term care period shall be no less frequent than quarterly.
6 Note whether the ground is frozen, wet, or dry.
_Hlk173090332Section 131   NR 507 Appendix III is amended to read:
VOLATILE ORGANIC COMPOUNDS FOR DETECTION MONITORING1
AT MUNICIPAL SOLID WASTE LANDFILLS
(See PDF for image)
Common name2
CAS RN3
Synonyms
Acetone1
67-64-1
2-Propanone
Benzene
71-43-2
Bromodichloromethane
75-27-4
Dichlorobromomethane
Bromoform
75-25-2
Tribromomethane
Carbon disulfide1
75-15-0
Carbon tetrachloride
56-23-5
Tetrachloromethane
Chlorobenzene
108-90-7
Monochlorobenzene
Chloroethane
75-00-3
Ethyl chloride
Chloroform
67-66-3
Trichloromethane
Dibromochloromethane
124-48-1
Chlorodibromomethane
1,2-Dibromo-3-chloropropane
96-12-8
DBCP
1,2-Dibromoethane
106-93-4
EDB; Ethylene dibromide
o-Dichlorobenzene
95-50-1
1,2-Dichlorobenzene
m-Dichlorobenzene
541-73-1
1,3-Dichlorobenzene
p-Dichlorobenzene
106-46-7
1,4-Dichlorobenzene
Dichlorodifluoromethane
75-71-8
Freon 12, Difluorodichloromethane
1,1-Dichloroethane
75-34-3
1,2-Dichloroethane
107-06-2
Ethylene dichloride
1,1-Dichloroethylene
75-35-4
Vinylidene chloride
cis-1,2-Dichloroethylene
156-59-2
cis-1,2-Dichloroethene
trans-1,2-Dichloroethylene
156-60-5
trans-1,2-Dichloroethene
1,2-Dichloropropane
78-87-5
cis-1,3-Dichloropropylene
10061-01-5
cis-1,3-Dichloropropene, Z-Dichloropropylene
trans-1,3-Dichloropropylene
10061-02-6
trans-1,3-Dichloropropene, E-Dichloropropylene
Ethylbenzene
100-41-4
Methyl bromide
74-83-9
Bromomethane
Methyl chloride
74-87-3
Chloromethane
Methylene bromide
74-95-3
Dibromomethane
Methylene chloride
75-09-2
Dichloromethane
Methyl ethyl ketone1
78-93-3
2-Butanone; MEK
Methyl tert-butyl ether
1634-04-4
MTBE
Naphthalene
91-20-3
Styrene
100-42-5
Ethenylbenzene
Tetrachloroethylene
127-18-4
Perchloroethylene; Tetrachloroethene; PCE
Tetrahydrofuran1
109-99-9
THF
Toluene
1,2,4-Trichlorobenzene
108-88-3
120-82-1
Methylbenzene
1,1,1-Trichloroethane
71-55-6
Methylchloroform
1,1,2-Trichloroethane
79-00-5
Trichloroethylene
79-01-6
Trichloroethene; TCE
Trichlorofluoromethane
75-69-4
Fluorotrichloromethane, Freon 11
Vinyl chloride
75-01-4
Chloroethene
Xylene (total) [see note 4]
1330-20-7
Dimethylbenzene
11. Includes the individual Volatile Organic Compounds (VOCs) necessary when a VOC VOCs scan is are required under ch. NR 507. Acetone, Carbon disulfide, Methyl ethyl ketone, and Tetrahydrofuran are exempted if EPA Method 8021 is used for the analysis.
22. Common names are those widely used in government regulations, scientific publications and commerce; synonyms exist for many chemicals.
33. Chemical Abstracts Service registry number.
44. Xylene (total): This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
Note: Wisconsin DNR GEMS parameter numbers for the substances listed in ch. NR 507 Appendix III can be found at http://www.dnr.wi.gov/org/aw/wm/monitor/. https://dnr.wisconsin.gov/topic/Landfills/Data.html.
132Section 132   NR 508.04 (title), (intro.) and (3) are amended to read:
NR 508.04 Responses when a groundwater standard is attained or exceeded at any groundwater monitoring well or water supply well. If a PAL, ACL, or ES is attained or exceeded at any groundwater monitoring well or water supply well according to s. NR 140.14 and the value is confirmed, the owner or operator shall comply with subs. (1) and (2) and may be required, either by the department or under s. NR 508.05 (5), to comply with subs. (3) and (4).
(3) The owner or operator shall implement immediate or interim actions in accordance with ch. NR 708 if warranted or directed by the department. If required by the department, the owner or operator shall develop a site investigation workplan and a site investigation report in accordance with ss. NR 716.05 to 716.11 and 716.15 to 716.17. If a site investigation report is submitted under s. NR 716.15, it shall include proof of financial responsibility to comply with s. NR 520.05 (1). The department may impose additional requirements on the owner or operator based on the results of the site investigation in accordance with s. NR 716.17.
133Section 133   NR 508.05 (2), (3) (b), and (5) (a) are amended to read:
NR 508.05 (2) The department may approve an alternate assessment monitoring program if the only parameters which that are at or above the groundwater standards are the indicator parameters or the inorganic detection monitoring parameters listed in ch. NR 507 Appendix I, Table 1Tables 1 to 2.
(3) (b) Annually, the owner or operator shall sample and analyze the leachate for the parameters listed in ch. NR 507 Appendix II. Within 14 days after obtaining the laboratory reports the leachate sampling results, the owner or operator shall place the results in the operating record. Within 60 90 days after of the end of the sampling period, the owner or operator shall submit the leachate sampling results to the department.
(5) (a) Notify the clerk of each municipality within which the landfill is located and whose boundary is within 1,200 1,500 feet of the limits of filling of any sampling result which that exceeds an enforcement standard. The owner or operator shall notify the clerk Notification shall be completed for each sampling event with a confirmed ES attainment or exceedance within 14 days of receiving the sample result.
134Section 134   NR 508.06 (2) (c) is amended to read:
NR 508.06 (2) (c) If the concentrations of all constituents sampled under par. (b) are shown to be at or below a PAL or ES under s. NR 140.10 or an approved ACL for two consecutive sampling events at the point of standards application, the owner or operator may return to detection monitoring of the CCR landfill. The owner or operator shall notify the department that detection monitoring is resuming for the CCR landfill within 60 90 days after of the end of the sampling period. The notification shall be submitted to the department under s. NR 506.17 (4), placed in the written operating record under s. NR 506.17 (2), and posted on a publicly accessible internet site under s. NR 506.17 (3).
135Section 135   NR 509.04 (1), (2), (3), (5) (intro.) and (5) (b) are amended to read:
NR 509.04 (1)Inspection request. Any person intending to establish a new landfill, an expansion of an existing landfill, or a noncommercial soil borrow source designated to be used in the construction, operation, or closure of a specific landfill shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the applicable locational criteria and performance standards of s. NR 504.04.
(2)Submittal requirements for inspection request.  Any person submitting a request to the department to perform an initial site inspection shall comply with all of the requirements of this section and s.ss. NR 500.05 (5) to (8) and 500.058.
(3) Department response. The department shall conduct an initial site inspection within 22 business 30 days after receipt of the request, the appropriate fee, and receipt of the information required in this section. Follow up inspections may be necessary depending on the season to identify any obscured features of the proposed property such as wetlands. The department shall render a preliminary opinion regarding the suitability of the site location and identify any additional studies or information that shall be submitted to determine if a proposed landfill or soil borrow source complies with the applicable locational criteria and performance standards of under s. NR 504.04 within 22 business 30 days of completing the inspection. A favorable evaluation under this section does not guarantee a favorable initial site report opinion.
(5)Contents of inspection request for a soil borrow source for a specific solid waste landfill. Landfill owners or operators shall submit an initial site inspection request for each proposed soil borrow source as specified under s. NR 504.075. An initial site inspection request for a noncommercial soil borrow source designated to be used in the construction, operation, or closure of a specific landfill shall include all of the following:
  (b) A preliminary identification of all potential effects on wetlands, surface waters or areas that contain, and habitats that may be suitable for threatened or endangered species per under s. 29.604, Stats., and per s. NR 27.01 (8).
136Section 136   NR 509.05 (1), (2) (title) and (2) are amended to read:
NR 509.05 (1)General provisions. Prior to submitting a feasibility report, an applicant shall obtain an initial site report opinion from the department. The initial site report shall follow the general submittal requirements of s.ss. NR 500.05 and 500.058, address all requirements of this section, and include the department’s initial site inspection evaluation and all pertinent information submitted for the initial site inspection, and may contain any or all of the information identified in ch. NR 510.
(2)Completeness and department opinion. Within 30 days after an initial site report is submitted received, the department shall determine whether or not the initial site report is complete. The department shall determine the completeness of the initial site report by determining whether or not the minimum requirements of this section have been met. If the report is incomplete, the department shall notify the applicant, in writing, and specify the information which that shall be submitted to make the initial site report complete. If the report is complete, the department shall notify the applicant, in writing. , and render an opinion as to whether the proposed property has potential, limited potential, or little or no potential for development as a landfill. This notification shall be done within 60 days after the determination of completeness. Within 60 days after the determination of completeness, the department shall render a written opinion as to whether the proposed property has potential for development of a landfill and will identify any potential constraints on development that the department identifies from the initial site report or other available information; or has little to no potential for development of a landfill based on constraints the department believes cannot be, or will be difficult to, overcome. A favorable opinion under this section does not guarantee a favorable feasibility determination.
137Section 137   NR 509.06 (3) is amended to read:
NR 509.06 (3)Documentation of present land uses. A description of the current land uses, with particular emphasis on the and a detailed discussion of known recreational areas, historical, and archaeological areas, areas that contain wildlife and plant habitat areas that may be suitable for threatened or endangered species per under s. 29.604, Stats., and per s. NR 27.01 (8) and state or local natural areas;, and county forest lands. If the landfill owner proposes to accept municipal solid waste or other putrescible waste, the initial response letter from the federal aviation administration concerning any airports whose runway end is located within 5 miles of the anticipated limits of filling shall be included in the report.
138Section 138   NR 510 is repealed.
139Section 139   NR 512.05 is renumbered NR 512.05 (1) and amended to read:
[Note to LRB: Keep the original title under NR 512.05.]
NR 512.05 General submittal requirements. (1) All landfills. An applicant proposing to construct a new landfill or expand an existing landfill shall submit a feasibility report and related materials in accordance with s.ss. NR 500.05, 500.055, 500.058, and this chapter. The feasibility report shall address all department review comments on the initial site report and any applicable pre-feasibility report. If the applicant requests any exemptions to the locational criteria and performance standards listed in s. NR 504.04, justification for the request shall be provided in the narrative section of the feasibility report. 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. If the applicant requests any general exemptions under s. NR 500.08 (4), the applicant shall provide the information for justification of the request, as specified under s. NR 500.08 (4), in the narrative of the feasibility report.
140Section 140   NR 512.05 (2) is created to read:
NR 512.05 (2) Vertical-only expansion. For a proposed vertical expansion of an existing landfill, the geotechnical information required by ss. NR 512.09, 512.10, and 512.11 (2), (4), and (5) may be excluded from the feasibility report, unless required in writing by the department.
141Section 141   NR 512.06 (2) and (3) are amended to read:
NR 512.06 (2) Submission of reports. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department’s initial site report opinion, any applicable pre-feasibility report and the feasibility report to each participating municipality under s. 289.33 (6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted.
  (3) Completeness. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether or not the items specified in the department’s initial site report opinion letter and the minimum requirements of this chapter have been met, and whether any additional information is necessary for the department to make a feasibility determination. If the report is incomplete, the department shall notify the applicant in writing and specify the information which that shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25 (3), Stats., and issue a preliminary determination stating whether or not an environmental impact statement is required. The department may require the applicant to submit additional information after determining that the feasibility report is complete if the department establishes that the feasibility of the proposed landfill cannot be determined without the additional information. Notwithstanding a determination of completeness, the department may require the applicant to submit additional information during the feasibility review if the department cannot determine the feasibility of the proposed landfill without the additional information.
142Section 142   NR 512.06 (3) (Note) and (4) are created to read:
NR 512.06 (3) Note: Section NR 504.04 (2) requires that an applicant submit a completed s. NR 812.43 variance request to the department before the department may grant an exemption to s. NR 504.04 (3) (f). In order for the department’s variance request decision to be made in conjunction with the feasibility determination, the department recommends the completed variance request be submitted to the department’s drinking water and groundwater program for each well exemption request under s. NR 504.04 (3) (f) within 10 days after the department’s determination that the feasibility report is complete. Section NR 812.43 (1) (a) 1. requires that if the application is submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A.
(4) Distribution. Immediately after the applicant receives notification of the department’s determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under s. 289.32, Stats.
143Section 143   NR 512.085 is repealed and recreated to read:
NR 512.085Site-specific geotechnical investigation. (1) The applicant shall perform laboratory and field investigations to define the physical characteristics of the proposed landfill’s location. The applicant shall obtain sufficient site-specific geotechnical information to define the subsurface geological conditions and the hydrogeologic and groundwater quality conditions both inside and outside the proposed limits of filling.   
(2) Geotechnical information shall be sufficient to identify all of the following site-specific conditions: 
(a) Bedrock depth, either confirmed through borings or inferred based on regional information, geology, competency, and hydrogeology. 
(b) The geological, geotechnical, and hydrogeological characteristics of each major soil unit underlying the site to a depth of at least 25 feet below the proposed sub-base grade. 
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