NR 503.04(1)(1)General. An applicant for an approval of a new landfill or approval of an expansion of an existing landfill regulated under this chapter shall demonstrate to the department that the proposed landfill will comply with all of the applicable locational criteria of this section for which no exemption has been granted. Exemptions to sub. (2) (a), (b), (d), (e), (f) and (g) may be granted only upon demonstration by the applicant of circumstances which warrant an exemption. An exemption from compliance with sub. (2) (c) may not be granted.
NR 503.04(2) (2)LOCATIONAL CRITERIA. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter where waste handling and disposal activities occur within the following areas:
NR 503.04(2)(a) (a) Within 1,000 feet of any navigable lake, pond or flowage.
NR 503.04(2)(b) (b) Within 300 feet of any navigable river or stream.
NR 503.04(2)(c) (c) Within a floodplain.
NR 503.04(2)(d) (d) Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal-aid primary highway or the boundary of any public park or state natural area under ss. 23.27 (1) and 23.28 (1), Stats., unless the landfill is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or state natural area.
NR 503.04(2)(e) (e) Within 10,000 feet of any airport runway end designed for or planned to be designed for and used by turbojet aircraft or within 5,000 feet of any airport runway end designed for and used only by piston type aircraft or within other areas where a substantial bird hazard to aircraft would be created. This criterion is applicable only when the landfill will be used for handling putrescible waste outside of an enclosed building.
NR 503.04(2)(f) (f) Within 1,200 feet of any public or private water supply well.
NR 503.04(2)(g) (g) Within 100 feet of the landfill property boundary.
NR 503.04(3) (3)PERFORMANCE STANDARDS. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter within an area where there is a reasonable probability that the landfill will cause:
NR 503.04(3)(a) (a) A significant adverse impact on wetlands as provided in ch. NR 103.
NR 503.04(3)(b) (b) A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats.
NR 503.04(3)(c) (c) A detrimental effect on any surface water.
NR 503.04(3)(d) (d) A detrimental effect on groundwater quality or an effect resulting in or exacerbating attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design, the point of standards application is defined by s. NR 140.22 (1).
NR 503.04(3)(e) (e) The migration and concentration of explosive gases in any landfill structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the landfill property boundary in excess of 25% of the lower explosive limit for the gases at any time.
NR 503.04(3)(f) (f) The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07.
NR 503.04 Note Note: Sections NR 445.04 and 445.05 were repealed effective 8-1-08.
NR 503.04 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (d) and (3) (b) Register January 2006 No. 601, eff. 2-1-06; correction in (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 736.
NR 503.05 NR 503.05Licensing exemption. No person may construct, operate or maintain a one time disposal landfill for agricultural or construction and demolition waste, a small size construction and demolition waste landfill, or an intermediate size construction and demolition waste landfill unless the person has obtained a written plan approval from the department, except as otherwise provided in s. NR 500.08. Facilities approved under this chapter are exempt from the licensing requirements of ch. 289, Stats.
NR 503.05 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.
NR 503.06 NR 503.06Affidavit of site registry. Unless otherwise specified, no person may operate or maintain a landfill regulated under this chapter unless the person has submitted on form 4400-067 proof that a notation of the existence of the landfill has been recorded in the office of the register of deeds in each county in which a portion of the landfill is located. Landfills which were in existence prior to July 1, 1996, and continue to operate after this date shall submit an affidavit of site registry within 90 days after July 1, 1996.
NR 503.06 Note Note: This form may be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, (608) 266-2111, waste.management@dnr.state.wi.us.
NR 503.06 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. Register January 2006 No. 601, eff. 2-1-06.
NR 503.07 NR 503.07Initial site inspection.
NR 503.07(1) (1)Inspection request. Any person intending to establish a new landfill or an expansion of an existing landfill regulated under this chapter 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 503.04.
NR 503.07(2) (2)SUBMITTAL REQUIREMENTS FOR INSPECTION REQUEST. Any person submitting a request to the department to perform an initial site inspection shall comply with all requirements of this section and s. NR 500.05 (5) to (8).
NR 503.07 Note Note: One copy of the information required by this section shall be submitted to the department's field office responsible for the area in which the facility is proposed to be located and one copy shall be submitted to the department's bureau of waste management in Madison.
NR 503.07(3) (3)Department response. The department shall conduct an initial site inspection within 22 business days of receipt of the request and 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 must be submitted to determine if a proposed landfill or soil borrow source complies with the applicable locational criteria and performance standards of s. NR 503.04 within 22 business days of completing the inspection. A favorable evaluation under this section does not guarantee a favorable initial site report opinion.
NR 503.07(4) (4)Contents of inspection request for a proposed solid waste landfill. An initial site inspection request for a proposed new landfill or an expansion of an existing landfill regulated under this chapter shall include the following:
NR 503.07(4)(a) (a) A cover letter identifying the applicant and authorized contact, type of landfill and operation being proposed, property ownership, location by quarter - quarter section and present land use.
NR 503.07(4)(b) (b) Identification of any known potential impacts to endangered and threatened species in accordance with s. 29.604 (4), Stats., and the federal endangered species act or historical, scientific or archeological areas in accordance with s. 44.40, Stats., including any prior studies or surveys conducted at the proposed site.
NR 503.07(4)(d) (d) An enlarged 7.5 minute USGS map or other base map having a minimum scale of 1 = 500 feet. Map scale and contour intervals shall be revised when necessary to sufficiently show relief, surface waters, floodplains, existing land use conditions and all water supply wells and residences located within one mile of the property boundaries of the proposed landfill.
NR 503.07(4)(e) (e) A preliminary identification of all potential conflicts with the locational criteria and performance standards specified in s. NR 503.04.
NR 503.07 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (1), r. and recr. (4) (b), r. (4) (c) and (5) Register January 2006 No. 601, eff. 2-1-06.
NR 503.08 NR 503.08One time disposal landfill.
NR 503.08(1) (1)PLAN OF OPERATION REQUIREMENTS. Any person intending to establish a one time disposal landfill shall submit a plan of operation to the department which contains a description of the need for the landfill and the potential environmental impacts. 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. The department may deny an application for a one time disposal landfill if other reasonable alternatives are available. No person may establish, construct, operate or maintain a one time disposal landfill prior to obtaining approval from the department of a plan of operation. The plan of operation shall contain all of the following information unless the department waives specific requirements in writing. The department may require any additional information if it determines that the information is necessary to complete the review of the project.
NR 503.08(1)(a) (a) The general information requirements of s. NR 503.07 (2).
NR 503.08(1)(b) (b) Name, address and telephone number of landfill owner and operator.
NR 503.08(1)(c) (c) Total acreage of property and landfill.
NR 503.08(1)(d) (d) Landfill life, capacity, types and sources of material to be disposed.
NR 503.08(1)(e) (e) The following geotechnical information based upon 2 test pits or borings per acre installed at a minimum of 10 feet below the base of the disposal area:
NR 503.08(1)(e)1. 1. Depth to groundwater if within 10 feet of the base of the disposal facility.
NR 503.08(1)(e)2. 2. Boring logs identifying USCS classification of each major soil unit encountered during installation of the soil borings or test pits. The department may require representative samples be taken and analyzed for grain size distribution.
NR 503.08(1)(f) (f) Alternatives to the proposed landfill which may be available such as licensed landfills, transfer facilities, recycling facilities or other licensed processing facilities. If reasonable alternatives are available, then the applicant shall provide adequate justification why the alternatives are not feasible.
NR 503.08(2) (2)Design and operational requirements. No person may construct, operate or maintain a one time disposal landfill except in conformance with the following minimum requirements and with the terms and conditions of the plan approval for the landfill:
NR 503.08(2)(a) (a) The landfill life may not exceed 6 months.
NR 503.08(2)(b) (b) The design capacity of the landfill may not exceed 10,000 cubic yards.
NR 503.08(2)(c) (c) The landfill shall be operated, maintained and closed in a nuisance-free manner. Screening shall be provided from all residences within 1/4 mile unless this requirement is waived in writing by the department.
NR 503.08(2)(d) (d) 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.
NR 503.08(2)(e) (e) Access to the landfill shall be restricted through the use of fencing or other means approved by the department.
NR 503.08(3) (3)WASTE SCREENING PLAN. The department may require development and implementation of a waste screening plan to prevent the disposal of waste material not approved for a one time disposal landfill.
NR 503.08(4) (4)ENVIRONMENTAL MONITORING. The department may require installation of groundwater and leachate monitoring wells or other devices, groundwater and leachate quality sampling and analysis programs, gas monitoring and provisions to protect against detrimental effects of leachate and gas migration from any one time disposal landfill.
NR 503.08(5) (5)CLOSURE REQUIREMENTS. Any person who operates or maintains a one time disposal landfill, or who permits the use of property for that purpose shall close the landfill within 6 months after disposal begins in the following manner:
NR 503.08(5)(a) (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%.
NR 503.08(5)(b) (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.
NR 503.08(5)(c) (c) The finished surface of the filled area shall be covered with a minimum of 6 inches of topsoil.
NR 503.08(5)(d) (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.
NR 503.08(5)(e) (e) Following closure of the one time disposal landfill, the landfill shall be inspected and maintained by the owner or operator.
NR 503.08(6) (6)EXPANSIONS. Any person who wishes to expand an existing one time disposal landfill shall comply with all provisions of this section. The department shall interpret expansions to include any new landfill within 1/4 mile of an existing landfill. The combined design capacity of the original one time disposal landfill and all subsequent expansions may not exceed 10,000 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, hydrogeology and topography shall be considered in this decision.
NR 503.08 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.
NR 503.09 NR 503.09Small size construction and demolition waste landfills.
NR 503.09(1)(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.
NR 503.09(2) (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:
NR 503.09(2)(a) (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.
NR 503.09(2)(b) (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.
NR 503.09(2)(c) (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.
NR 503.09(2)(d) (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.
NR 503.09(2)(e) (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 = 200with 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.
NR 503.09(2)(f) (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.
NR 503.09(2)(g) (g) A topographic plan sheet showing the proposed final grades shall be prepared.
NR 503.09(2)(h) (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.
NR 503.09(2)(i) (i) An environmental monitoring plan shall be proposed which, at a minimum, complies with the requirements of sub. (6).
NR 503.09(2)(j) (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.
NR 503.09(3) (3)WASTE SCREENING PLAN.
NR 503.09(3)(a)(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:
NR 503.09(3)(a)1. 1. Identification of items that may not be accepted by the landfill.
NR 503.09(3)(a)2. 2. Procedures for limiting waste which is not approved for disposal from entering the landfill.
NR 503.09(3)(a)3. 3. Procedures for inspecting waste loads.
NR 503.09(3)(a)4. 4. Procedures for handling and disposing of screened items.
NR 503.09(3)(a)5. 5. Procedures for enforcement of the waste screening requirements.
NR 503.09(3)(b) (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.
NR 503.09(4) (4)DESIGN 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.
NR 503.09(4)(a) (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.
NR 503.09(4)(b) (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.
NR 503.09(4)(c) (c) Access to the landfill shall be restricted through the use of fencing or other means if approved by the department.
NR 503.09(4)(d) (d) The landfill shall be operated by personnel who meet the operator certification requirements established under ch. NR 524.
NR 503.09(5) (5)CONSTRUCTION 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.
NR 503.09(6) (6)ENVIRONMENTAL 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:
NR 503.09(6)(a) (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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.