Section 503.09. Small size construction and demolition waste landfills.

 

(1)   Public notice . The applicant for a small size construction and demolition waste landfill shall publish a public notice in the local newspaper and send written notification to residents within 1200 feet of the proposed landfill footprint. The notice and notification shall identify the applicant's name, business address and phone number; the location, design capacity, and anticipated operational life of the proposed landfill; and the name, address and telephone number of the department representative to whom public comments may be submitted orally or in writing. Copies of both the proposed public notice and the notification to residents shall be provided to the department office located in the region of the proposed landfill prior to submission to the newspaper for publication. Documentation that the public notice and resident notification requirements were met shall be provided in the plan of operation under this subsection.

(2)   Plan of operation requirements. No person may establish, construct, operate or maintain a small size construction and demolition waste landfill prior to obtaining approval from the department of a plan of operation. Any person intending to establish or construct a small size construction and demolition waste landfill for disposal of no more than 50,000 cubic yards of material shall submit a plan of operation to the department for approval which contains the information specified in this subsection unless the department waives specific requirements in writing. The proposal shall address the alternatives considered, including reuse, recycling and disposal at a licensed solid waste landfill, the reasons why other economically feasible alternatives are not available, and the potential environmental impacts that may occur. The department may require the submittal of any additional information, if it determines that the information is necessary to complete the review of the project. At a minimum, the following information shall be included in the plan of operation:

(a) General landfill information which identifies the project title; name, address and telephone number of the primary contact persons and consultants; present property owner; proposed landfill owner and operator; landfill location by quarter-quarter section; total acreage of property and landfill; proposed landfill life and disposal capacity; estimated types, quantities and sources of waste to be disposed; anticipated covering frequency; equipment to be used; and mode of operation.

(b) Geotechnical information shall be obtained by drilling a minimum of 5 soil borings which extend to 25 feet below the anticipated landfill base grade or to bedrock, whichever is less unless an alternative geotechnical program is approved by the department in writing. The borings shall be distributed on a grid pattern throughout the area. A minimum of 3 representative samples shall be taken from each major soil layer encountered during installation of the borings and shall be analyzed for grain size distribution and classified according to the unified soil classification system.

(c) Water table observation wells shall be installed to adequately define the water table surface and hydraulic gradients. At a minimum, 3 water table observation wells shall be installed. The well locations shall be chosen in an effort to place one well upgradient and the other 2 downgradient at the proposed landfill.

(d) The results of the subsurface investigations shall be summarized using a series of geologic sections which connect the soil borings performed. Each section shall show present topography, borings, wells, major soil layers, water table and bedrock.

(e) Topographic survey information shall be displayed on a plan sheet showing the proposed fill area, property boundaries, proposed landfill boundaries, soil borings performed and wells installed. The minimum scale shall be 1 ‶ = 200 ‵ with a maximum contour interval of 5 feet. This map may consist of a blow-up of a USGS map, with supplemental information added as appropriate. Drainage patterns shall be shown. In addition, the plan sheet shall show all roads adjacent to or near the proposed landfill, and all homes, water supply wells, floodplains, and wetlands or water courses within 1/4 mile of the landfill.

(f) A topographic plan sheet showing the proposed base grades and the sequence of filling shall be prepared. A contour interval of 2 feet shall be used and all drainage patterns shown.

(g) A topographic plan sheet showing the proposed final grades shall be prepared.

(h) Cross-sections, both north-south and east-west, shall be drawn through the fill area delineating present topography, soils information, groundwater, base grades and final contours. This information may be shown on the geologic cross-sections required in par. (d) if clarity is not compromised.

(i) An environmental monitoring plan shall be proposed which, at a minimum, complies with the requirements of sub. (6) .

(j) An appendix shall be prepared which includes all raw data such as boring logs, soil tests, well construction data and water level measurements; a plat map of the area; a soil conservation service soil map and interpretation and references.

(3)   W ASTE SCREENING PLAN .

(a) The owner or operator of a small size construction and demolition waste landfill shall develop and submit to the department for approval a waste screening and handling plan that contains the following:

1. Identification of items that may not be accepted by the landfill.

2. Procedures for limiting waste which is not approved for disposal from entering the landfill.

3. Procedures for inspecting waste loads.

4. Procedures for handling and disposing of screened items.

5. Procedures for enforcement of the waste screening requirements.

(b) The owner or operator of a small size construction and demolition waste landfill which began initial operation prior to July 1, 1996, shall submit a waste screening and handling plan to the department no later than 3 months after July 1, 1996, for approval. Small size construction and demolition waste landfills which did not begin operation prior to July 1, 1996, may not accept waste until a waste screening plan is approved in writing by the department.

(4)   D ESIGN AND OPERATIONAL REQUIREMENTS . Any person operating a small size construction and demolition waste landfill shall meet the following operational requirements, and comply with the terms and conditions of the plan approval for the landfill.

(a) The landfill shall be operated, maintained and closed in a nuisance-free manner. Screening shall be provided from all residences within 1/4 mile of the waste handling areas unless this requirement is waived in writing by the department.

(b) A minimum 10-foot separation distance from the base of the landfill to the water table or bedrock shall be maintained unless the disposal facility is in a clay soil environment.

(c) Access to the landfill shall be restricted through the use of fencing or other means if approved by the department.

(d) The landfill shall be operated by personnel who meet the operator certification requirements established under ch. NR 524 .

(5)   C ONSTRUCTION DOCUMENTATION REPORT . The department may require the owner or operator to submit a construction documentation report for any small size construction and demolition waste landfill. When a documentation report is required it shall be prepared in accordance with the department's plan approval and s. NR 500.05 . Operation of the landfill may not begin until the report is approved in writing by the department.

(6)   E NVIRONMENTAL MONITORING. The owner or operator of a landfill approved under this section shall establish an environmental monitoring program under this subsection. The department may require installation of additional monitoring devices, additions to the groundwater sampling and analysis programs, gas and leachate monitoring and provisions to protect against the detrimental effects of leachate and gas migration. At a minimum, the monitoring program shall include the following:

(a) Water table observation wells shall be installed to adequately define the water table, hydraulic gradients and groundwater quality. At a minimum, 3 water table observation wells shall be installed. The well locations shall be chosen in an effort to place one well upgradient and the other 2 downgradient at the proposed landfill.

(b) Baseline water quality shall be established at all monitoring wells for all the parameters listed in Table 1.

(c) A minimum of 2 samples with at least 30 days between sampling rounds, shall be collected and analyzed and the results shall be submitted with the proposal for constructing the small demolition landfill. Two additional samples, with at least 30 days between sampling rounds, shall be collected and analyzed for any parameters listed in Table 1 which exceeded preventive action limits established in Table 1 of NR 140 during either of the first 2 rounds.

(d) If additional samples are required under par. (c) , the results of the 2 additional samples shall be submitted in the construction documentation report for the small demolition landfill.

(e) Collection, handling and analysis of samples shall be performed in accordance with ss. NR 507.16 and 507.17 .

Table 1
Groundwater Sampling For Small Size
Construction & Demolition Waste Landfills - See PDF for table

(f) Detection groundwater monitoring shall be established at each monitoring well. Detection monitoring shall begin following the first acceptance of waste. Each well shall be sampled semi-annually and tested for the parameters listed in column 1 of Table 1 unless otherwise approved in writing by the department. All test results shall be submitted to the department in accordance with ch. NR 507 .

(7)   C LOSURE REQUIREMENTS. Any person who operates or maintains a small size construction and demolition waste landfill, or who permits the use of property for such purposes shall close the landfill within 90 days after disposal ends or when the design capacity is reached, whichever occurs first, in accordance with the approved plan of operation and the following:

(a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. Fine grain soils shall be utilized to minimize infiltration unless this requirement is waived in writing by the department. Top slopes shall be no less than 2%. Side slopes shall be no steeper than 33%.

(b) Storm water shall be diverted to limit the potential for erosion and sedimentation. Wherever possible, storm water shall be diverted around previously filled areas. Where it is necessary to divert drainage over previously filled areas, the department may require that drainage be conveyed by clay lined drainage swales having a minimum thickness of 2 feet.

(c) The finished surface of the filled area shall be covered with a minimum of 6 inches of topsoil.

(d) Seeding, fertilizing and mulching of the finished surface shall be accomplished in accordance with the landfill's final use. The seed type and amount of fertilizer shall be selected depending on the type and quality of topsoil and compatibility with native vegetation.

(e) Following closure of a small size construction and demolition waste landfill, the landfill shall be inspected and maintained by the owner or operator.

(8)   E XPANSIONS. Except as provided under s. NR 503.10 (8) (b) , any person who wishes to expand an existing small size construction and demolition waste landfill shall comply with all provisions of this section. The department shall interpret expansions to include the establishment of any new landfill within 1/4 mile of an existing landfill regulated under this chapter. In no case may the combined design capacity of the original small size construction and demolition waste landfill and all subsequent expansions exceed 50,000 cubic yards. The department may deny any request for an expansion, if in the department's opinion, the disposal of additional waste may result in a detrimental effect on surface or groundwater or cause or exacerbate an attainment or exceedance of any standard in ch. NR 140 . The local geology, hydrology, hydrogeology and typography shall be considered in this decision.

(9)   I NSPECTION FEES .

(a) The department may specify in any approval that critical construction steps of a landfill be inspected by the department. The owner or operator shall pay a construction inspection fee of $500.00 per inspection to the department at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 4 inspections per major phase of construction may be required.

(b) The owner or operator of a small size construction and demolition waste landfill which begins operation after July 1, 1996, shall pay an operation inspection fee to the department in accordance with ch. NR 520 Table 3, prior to beginning initial operation and annually on October 1st of each year. The owner or operator of a small size construction and demolition landfill which was in operation prior to July 1, 1996, and continues to operate after July 1, 1996, shall pay an operation inspection fee to the department in accordance with ch. NR 520 Table 3, within 90 days after July 1, 1996, and annually on October 1st of each year.

(10)   F INANCIAL RESPONSIBILITY FOR CLOSURE AND LONG TERM CARE . The department may require that the owner or operator of a landfill approved in accordance with this section provide proof of financial responsibility for closure and long term care of the landfill using methods listed in s. NR 520.06 .

(a) The owner or operator of a landfill required to provide financial responsibility in accordance with this section shall submit prior to beginning disposal operations and annually thereafter for the period of active landfill life, proof of financial responsibility to ensure compliance with the closure requirements of the approved report.

(b) The owner or operator of a landfill required to provide financial responsibility in accordance with this section shall provide proof of financial responsibility for the long-term care of the landfill for 40 years after landfill closure. An owner responsible for long-term care shall submit prior to beginning disposal operations and annually thereafter for the period of active landfill life, proof of financial responsibility to ensure compliance with the long-term care requirements of the approved plan of operation.

(c) Any person acquiring rights of ownership, possession or operation of a landfill approved in accordance with this section shall be subject to all requirements of the plan of operation for the landfill and shall provide any required proof of financial responsibility to the department in accordance with ch. NR 520 . The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the landfill obtains department approval of proof of financial responsibility.

History: Cr. Register, June, 1996, No. 486 , eff. 7-1-96; am. (3) (a), Register, August, 1997, No. 500 , eff. 9-1-97; CR 05-020 : renum. (1) to (9) to be (2) to (10) and am. (6) (f), cr. (1) Register January 2006 No. 601 , eff. 2-1-06; correction in (2) (i) made under s. 13.93 (2m) (b) 7., Stats., Register January 2006 No. 601 .