Section 665.0301. Design and operating requirements.

 

(1)  The owner or operator of each new landfill unit on which construction commences after June 1, 1995, each lateral expansion of a landfill unit on which construction commences after June 1, 1995 and each replacement of an existing landfill unit that is to commence reuse after June 1, 1995 shall install 2 or more liners and a leachate collection and removal system above and between the liners, and operate the leachate collection and removal systems in accordance with s. NR 664.0301 (3) , unless exempted under s. NR 664.0301 (4) , (5) or (6) . "Construction commences" is as defined in s. NR 660.10 under "existing facility".

(2)  The owner or operator of each unit referred to in sub. (1) shall notify the department at least 60 days prior to receiving waste. The owner or operator of each facility submitting notice shall file a feasibility and plan of operation report within 6 months after the department receives the notice.

(3)  The owner or operator of any replacement landfill unit is exempt from sub. (1) if both of the following apply:

(a) The existing unit was constructed in compliance with the design standards of 42 USC 6924 (o)(1)(A)(i) and (5).

(b) There is no reason to believe that the liner is not functioning as designed.

(4)  The double liner requirement in sub. (1) may be waived by the department for any monofill, if pars. (a) and (b) 1. or 2. apply:

(a) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristic in s. NR 661.24 , with EPA hazardous waste numbers D004 to D017.

(b)

1. All of the following conditions are met:

a. The monofill has at least one liner for which there is no evidence that the liner is leaking.

b. The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3 ).

c. The monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with operating licenses under s. 291.25 , Stats.

2. The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(5)  In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of sub. (1) and in good faith compliance with sub. (1) and with guidance documents governing liners and leachate collection systems under sub. (1) , no liner or leachate collection system which is different from that which was so installed pursuant to sub. (1) will be required for the unit by the department when issuing the first operating license to the facility, except that the department will not be precluded from requiring installation of a new liner when the department has reason to believe that any liner installed pursuant to the requirements of sub. (1) is leaking.

(6)  The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

(7)  The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(8)  Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(9)  The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

As required by s. NR 665.0013 , the waste analysis plan shall include analyses needed to comply with ss. NR 665.0312 , 665.0313 and 665.0314 . As required by s. NR 665.0073 , the owner or operator shall place the results of these analyses in the operating record of the facility. Microsoft Windows NT 6.1.7601 Service Pack 1