Register April 2017 No. 736
Chapter NR 503
ONE TIME DISPOSAL LANDFILLS, SMALL SIZE CONSTRUCTION AND DEMOLITION WASTE LANDFILLS, AND INTERMEDIATE SIZE CONSTRUCTION AND DEMOLITION WASTE LANDFILLS
NR 503.01   Purpose.
NR 503.02   Applicability.
NR 503.03   Definitions.
NR 503.04   Locational criteria and performance standards.
NR 503.05   Licensing exemption.
NR 503.06   Affidavit of site registry.
NR 503.07   Initial site inspection.
NR 503.08   One time disposal landfill.
NR 503.09   Small size construction and demolition waste landfills.
NR 503.10   Intermediate size construction and demolition waste landfills.
Ch. NR 503 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.
NR 503.01 NR 503.01Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally accepted solid waste management procedures are practiced in this state and to outline the requirements regarding approval and operational requirements for one time disposal, small size construction and demolition waste landfills, and intermediate size construction and demolition waste landfills. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats.
NR 503.01 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.
NR 503.02 NR 503.02Applicability.
NR 503.02(1) (1) Except as otherwise provided, this chapter applies to all one time disposal landfills, small size construction and demolition waste landfills, and intermediate size construction and demolition waste landfills. This chapter does not apply to hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Construction and demolition landfills which have a design capacity greater than 250,000 cubic yards are regulated under chs. NR 500 and 504 to 538.
NR 503.02(2) (2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.
NR 503.02 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15.
NR 503.03 NR 503.03Definitions. The terms used in this chapter are defined in s. NR 500.03.
NR 503.03 Note Note: Section NR 500.03 (50) defines “construction and demolition waste" to mean solid waste resulting from the construction, demolition or razing of buildings, roads and other structures.
NR 503.03 Note Note: Construction and demolition waste typically consists of concrete, bricks, bituminous concrete, wood, glass, masonry, roofing, siding and plaster, alone or in combinations. It does not include waste paints, solvents, sealers, adhesives or similar materials.
NR 503.03 Note Note: Section NR 500.03 (117) defines “intermediate size construction and demolition waste landfill" to mean a landfill with a design capacity of at least 50,000 cubic yards but no more than 250,000 cubic yards and used for the disposal of only construction and demolition wastes.
NR 503.03 Note Note: Section NR 500.03 (158) defines “one-time disposal" to mean the disposal of no more than 10,000 cubic yards of approved types of agricultural or demolition solid waste on a one-time basis over a project life of not more than 6 months. Examples are the disposal of concrete, brick, stone, asphalt, wood, trees, logs, brush and material from demolished buildings.
NR 503.03 Note Note: Section NR 500.03 (213) defines “small size construction and demolition waste landfill" to mean a landfill with a design capacity of 50,000 cubic yards or less and used for the disposal of only construction and demolition wastes.
NR 503.03 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.
NR 503.04 NR 503.04Locational criteria and performance standards.
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.
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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.