NR 500.035(3)
(3) Compliance with the CCR landfill requirements in chs.
NR 500 to
538 does not affect the need for the owner or operator of a CCR landfill or lateral expansion of a CCR landfill to comply with all other applicable federal, state, tribal, or local laws or other requirements.
NR 500.035 History
History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) (f) made under s. 35.17, Stats., Register July 2022 No. 799. NR 500.04
NR 500.04 Initial site inspection. Any person intending to establish a new solid waste facility or expand an existing solid waste facility shall contact the department's district or area office as appropriate to arrange for an initial site inspection in accordance with ch.
NR 509 for the purpose of evaluating compliance with the applicable locational criteria and performance standards of ch.
NR 502 and s.
NR 504.04. This inspection shall be completed prior to submittal of an initial site report or a plan of operation report.
NR 500.04 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am.,
Register, June, 1996, No. 486, eff. 7-1-96.
NR 500.05
NR 500.05 General submittal requirements. Unless otherwise specified, all submittals for review and approval of any initial site report, feasibility report, plan of operation site investigation report, remedial action options report, construction documentation report, or closure plan, or any modifications to those plans, shall include all of the following:
NR 500.05(1)
(1)
Review fee. The appropriate review fee specified in s.
NR 520.04 shall be identified. The department will send an invoice for the plan review fee to the contact for the facility upon receipt of the submittal. Payment in check or money order shall be sent to the department's bureau of finance within 30 days after receipt of the invoice.
NR 500.05(2)
(2)
Cover letter. A letter detailing the desired department action or response.
NR 500.05(3)
(3)
Paper and electronic copies. Unless otherwise specified, 4 paper copies and one electronic copy of the plan or report prepared pursuant to the appropriate section of chs.
NR 500 to
538, and an additional electronic copy of any plan sheets or drawings submitted as a part of the plan or report. Three paper copies shall be submitted to the department's field office responsible for the area in which the facility is located and one paper copy, one electronic copy, and the additional electronic copy of associated plans or drawings shall be submitted to the bureau of waste management in Madison unless otherwise specified by the department. The complete electronic copy of the report and the separate electronic copy of any plan sheets or drawings shall be provided in formats and on media acceptable to the department.
NR 500.05(4)(a)(a) The reports and plan sheets shall be under the seal of a licensed professional engineer. In addition, the following certification shall be included:
“I, __________________________, hereby certify that I am a licensed professional engineer in the State of Wisconsin in accordance with the requirements of ch.
A-E 4, Wis. Adm. Code; that this document has been prepared in accordance with the Rules of Professional Conduct in ch.
A-E 8, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs.
NR 500 to
538, Wis. Adm. Code."
NR 500.05(4)(b)
(b) Initial site reports, feasibility reports, plans of operation, site investigation, remedial action options reports and any other reports where interpretation of geology or hydrogeology is necessary shall be under the seal of a licensed professional geologist. In addition, the following certification shall be included:
“I, __________________, hereby certify that I am a licensed professional geologist in the State of Wisconsin in accordance with the requirements of ch.
GHSS 2, Wis. Adm. Code; that the preparation of this document has not involved any unprofessional conduct as detailed in ch.
GHSS 5, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs.
NR 500 to
538, Wis. Adm. Code."
NR 500.05(5)
(5)
Technical procedures. All technical procedures used to investigate a solid waste facility shall be the current standard procedures as specified by ASTM International, United States geological survey, USEPA's standard methods for the examination of water and wastewater, or other equivalent or appropriate methods approved by the department. Test procedures used shall be specified. Any deviation from a standard method shall be explained in detail with reasons provided.
NR 500.05(6)
(6)
Visuals. Maps, figures, photographs and tables to clarify information or conclusions. The visuals shall be legible. All paper copies of maps, plan sheets, drawings, isometrics, cross-sections and aerial photographs shall meet the following requirements:
NR 500.05(6)(a)
(a) No larger than 32 inches by 44
inches and no smaller than 8
1/
2 inches by 11 inches.
NR 500.05(6)(b)
(b) Be of appropriate scale to show all required details in sufficient clarity.
NR 500.05(6)(c)
(c) Be numbered, referenced in the narrative, titled, have a legend of all symbols used, contain horizontal and vertical scales, where applicable, and specify drafting or origination dates.
NR 500.05(6)(g)
(g) Contain a survey grid based on monuments established in the field which utilizes a coordinate system and datum acceptable to the department. Examples of acceptable coordinate systems include state plane, Universal Transverse Mercator, and Wisconsin Transverse Mercator.
NR 500.05(6)(h)
(h) Show original topography and the grid system on plan sheets showing construction, operation or closure topography. For complex plans, existing conditions within the landfill area may be shown by lighter lines or may be eliminated.
NR 500.05(6)(i)
(i) Show survey grid location and reference major plan sheets on all cross-sections. A reduced diagram of a cross-section location plan view map shall be included on the sheets with the cross-sections.
NR 500.05(7)
(7)
Table of contents. A table of contents listing all sections of the submittal.
NR 500.05(8)
(8)
Appendix. An appendix listing names of all references, all raw data, testing and sampling procedures and calculations.
NR 500.05 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1), (3), (4) and (6) (h),
Register, June, 1996, No. 486, eff. 7-1-96; am. (3) and (4),
Register, December, 1997, No. 504, eff. 1-1-98;
CR 05-020: am. (3), (4), (5), (6) (intro.), (a), (f) and (g)
Register January 2006 No. 601, eff. 2-1-06;
CR 21-076: am. (intro.) Register July 2022 No. 799, eff. 8-1-22. NR 500.06
NR 500.06 License applications. Unless otherwise specified, no person may operate or maintain a solid waste facility without a license from the department. A submittal for initial licensing or relicensing of any solid waste facility shall include:
NR 500.06(1)
(1)
License fee. The appropriate fee as specified in s.
NR 520.04 in check or money order payable to the department. Except as provided in s.
NR 500.065, license fees are not transferable, proratable or refundable.
NR 500.06(2)
(2)
Application form. A completed copy of the appropriate application form.
NR 500.06(3)
(3)
Financial responsibility. For all land disposal facilities with plans of operation approved under s.
289.30, Stats., proof of financial responsibility as specified in s.
NR 520.05.
NR 500.06(4)
(4)
Affidavit of facility registry. Submittal on form 4400-067 that proof that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located. Owners of landfills applying for relicensure need only submit this form if the legal description of the landfill has changed from that identified on a previously submitted form 4400-067.
NR 500.06 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 500.06(5)
(5)
Noncompliance with plans or orders. A submittal for initial licensing of a new or expanded solid waste disposal facility shall contain the following information:
NR 500.06(5)(a)
(a) Identification of all persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant.
NR 500.06(5)(b)
(b) Identification of all other Wisconsin solid or hazardous waste facilities for which the applicant or any person identified in par.
(a), is named in, or subject to an order or plan approval issued by the department.
NR 500.06(5)(c)
(c) Identification of all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or person identified in par.
(a) owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets.
NR 500.06(5)(d)
(d) A statement indicating whether or not all plan approvals and orders relating to all facilities identified in pars.
(b) and
(c) are being complied with.
NR 500.06 Note
Note: If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s.
289.34 (3), Stats., to assure that compliance is achieved.
NR 500.06 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.),
Register, June, 1996, No. 486, eff. 7-1-96; am. (1) and cr. (5),
Register, September, 1998, No. 513, eff. 10-1-98;
CR 05-020: am. (4)
Register January 2006 No. 601, eff. 2-1-06.
NR 500.065(1)(1)
Initial applications. The department shall make a determination on an initial application for a solid waste facility license within 65 business days of receipt of all of the information specified in s.
NR 500.06. If a determination is not made on the application within 65 business days, the department shall refund the license application fee paid by the applicant.
NR 500.065(2)
(2)
Renewals. The department shall make a determination on a license renewal application for a solid waste facility license within 65 business days of receipt of all of the information specified in s.
NR 500.06, or by the end of the current license period, whichever occurs later. If a determination is not made within these time constraints, the department shall refund the license renewal application fee paid by the applicant.
NR 500.065 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98.
NR 500.07
NR 500.07 Review times. Except as otherwise provided in chs.
NR 500 to
538, the department shall review and approve, deny or deem incomplete requests for plan approvals or exemptions within 65 business days after receiving the request. For the purposes of determining department compliance with review times specified in chs.
NR 500 to
538 and ch.
289, Stats., the review time starts when the appropriate copies and review fee are received.
NR 500.07 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am.,
Register, June, 1996, No. 486, eff. 7-1-96; am.,
Register, December, 1997, No. 504, eff. 1-1-98.
NR 500.08(1)(1)
General. The following facilities are exempt from all requirements of chs.
NR 500 to
538:
NR 500.08(1)(a)
(a) Facilities used for the disposal of solid waste from a single family or household on the property where it is generated.
NR 500.08(1)(b)
(b) Riprapping projects using inert solid waste materials approved by the department under s.
30.12, Stats., or in submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.
NR 500.08(2)
(2)
Other facilities. The following facilities shall be established in conformance with the locational requirements of s.
NR 504.04 (3) (c) and
(4) (a) to
(f) and shall be operated and maintained in a nuisance-free and aesthetic manner but are exempt from licensing
and the requirements of chs.
NR 500 to
538:
NR 500.08(2)(a)
(a) Facilities where only clean soil, brick, building stone, concrete or reinforced concrete not painted with lead-based paint, broken pavement, and wood not treated or painted with preservatives or lead-based paint are disposed.
NR 500.08(2)(b)
(b) Facilities for the exclusive disposal of spoils from sand, gravel or stone and crushed stone quarry operations and similar nonmetallic earth materials.
NR 500.08(2)(c)
(c) Facilities for the disposal of wood residue from a saw mill, debarker or equivalent industry which produces less than 5,000 board feet of lumber per year or equivalent and the total disposal facility volume is less than 500 cubic yards of wood residue.
NR 500.08(2)(d)
(d) Facilities where railroad ties or utility poles are used as structural timbers for landscaping purposes in accordance with generally accepted practices.
NR 500.08(2)(e)
(e) Facilities where untreated, unpainted wood wastes including wood chips, bark, and sawdust are handled and stored properly and used for landscaping or trail surface course purposes in accordance with generally accepted practices.
NR 500.08(2)(f)
(f) Facilities where glass is processed or used as an aggregate replacement in asphalt pavement and subbase material under roadways subject to the following:
NR 500.08(2)(f)1.
1. Glass may not be used in areas where the glass will be exposed and may pose a safety threat or in areas that will be frequently disturbed.
NR 500.08(2)(f)2.
2. The amount of contaminants present with the glass such as labels, caps and metal rings shall be minimized to the extent necessary to prevent interference with the performance of the asphalt or roadbed aggregate. Asphalt and roadbed aggregate containing glass shall be designed and used in accordance with generally accepted engineering practice. The glass shall have sufficient properties to perform the function of the aggregates it replaces. The use of glass particles greater than 1/2 inch in size requires written department approval.
NR 500.08(2)(f)3.
3. Glass shall be collected and stored in a nuisance free manner. Glass stockpiles shall have controlled access to prevent the general public from coming in contact with the glass piles. The number of stockpiles shall be kept to a minimum and may not be spread over a large area. Stockpiles shall be placed on a hard, all weather surface such as asphalt or concrete.
NR 500.08(3)
(3)
Dredged material exemptions. The following facilities are exempt from the licensing and plan review requirements of chs.
NR 500 to
538 but shall be developed in accordance with the following requirements:
NR 500.08(3)(a)
(a) Facilities for the disposal of nonhazardous dredged material consisting of less than 3000 cubic yards from Lake Michigan, Lake Superior, the Wisconsin river, the Sheboygan river, the Milwaukee river, the Brule and Menominee rivers, the Fox river, the Mississippi river, or from any inland lakes or ponds treated with arsenicals provided the facility complies with the performance standards specified in s.
NR 504.04 (4).
NR 500.08(3)(b)
(b) Facilities for the disposal of non-hazardous dredged material from rivers not listed in par.
(a) provided the facility complies with the performance standards specified in s.
NR 504.04 (4).
NR 500.08(3)(c)
(c) Facilities for the disposal of nonhazardous dredged material from inland lakes or ponds that have not been treated with arsenicals provided the facility complies with the performance standards specified in s.
NR 504.04 (4).
NR 500.08(4)
(4)
Exemptions from solid waste rules. Exemptions from the requirements of chs.
NR 500 to
538 may be granted in writing by the department in special cases except as otherwise provided. A person may apply for an exemption by providing the department with a written request along with the appropriate documentation that demonstrates that the proposal will not cause environmental pollution as defined under s.
299.01 (4), Stats. The department shall take into account such factors as the population of the area being served, the amount of waste being generated, the geologic and hydrogeologic conditions at the facility, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste, and any other information that may be appropriate. The department shall review and make a written determination on the exemption request within 65 business days after receipt of a complete request and the appropriate review fee under ch.
NR 520 unless a different time period is provided by law. An exemption may not be granted if it will result in noncompliance with the minimum federal requirements under Subtitle D.
NR 500.08(5)(a)(a) The department may grant exemptions from the requirements of ch.
289, Stats., for the purpose of allowing or encouraging the recycling of solid wastes. Any exemptions granted under this section shall be issued in writing in accordance with the requirements of s.
289.43, Stats.
NR 500.08(5)(b)
(b) Facilities where wood ash is stored, handled, transported or landspread provided either of the following is met:
NR 500.08(5)(b)1.
1. Wood ash is derived from the combustion of untreated wood with no additives, preservatives or other alterations other than kiln drying from generators who produce 10 dry tons or less of ash per year and is managed in a nuisance free manner.
NR 500.08(6)
(6)
Remediation action exemption. The following facilities are exempt from solid waste program regulatory requirements under ch.
289, Stats., and chs.
NR 500 to
538:
NR 500.08(6)(a)
(a) Facilities for the treatment, storage or disposal of solid waste which is excavated for the primary purpose of conducting a site investigation or implementing an interim or remedial action in compliance with the requirements of chs.
NR 700 to
726 and which is returned to the same property from which it was excavated in compliance with the requirements of ch.
NR 718; and
NR 500.08(6)(b)
(b) Facilities for the treatment, storage or disposal of excavated contaminated soil which are operated in compliance with the requirements of ch.
NR 718.
NR 500.08 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; cr. (6),
Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (intro.), (2), (3) (intro.), (4) and (5), cr. (2) (d), (e), (f) and (3) and (5) (c), r. (3) (a), renum. (3) (b) to be (3) (a),
Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (intro.), (2) (intro.), (3) (intro.), (4), (6) (intro.), r. (5) (b) and renum. (5) (c) to be (5) (b),
Register, December, 1997, No. 504, eff. 1-1-98; am. (3) (a),
Register, September, 1998, No. 513, eff. 10-1-98;
CR 05-020: am. (2) (a)
Register January 2006 No. 601, eff. 2-1-06;
CR 21-076: am. (4) Register July 2022 No. 799, eff. 8-1-22. NR 500.09
NR 500.09 Construction inspection. The department may require as a condition of a grant of exemption, the approval of a feasibility report, plan of operation, groundwater monitoring plan, closure plan, site investigation report and remedial action options report or a modification to any approval that critical construction steps of a facility, as specified in the approval, be inspected by the department. The applicant shall pay an inspection fee as specified in s.
NR 520.04 (5).
NR 500.09 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am.,
Register, June, 1996, No. 486, eff. 7-1-96.
NR 500.10
NR 500.10 Exemption for use of municipal solid waste as a fuel. The department may grant exemptions in writing from any of the requirements of chs.
NR 500 to
538 for municipal solid waste combustors and any other solid waste facilities which manage the residue from municipal solid waste combustors. The department also may issue an approval for solid waste which has been processed into a fuel for a municipal solid waste combustor which exempts the combustor and any facility which manages the combustor residue from regulation under chs.
NR 500 to
538. Such exemptions may be granted under this section. The department shall consider the following criteria in determining whether an exemption shall be granted under this section:
NR 500.10(1)
(1) The source of the waste to be used as fuel.
NR 500.10(2)
(2) The variability of the waste to be used as fuel.
NR 500.10(3)
(3) The physical and chemical properties of the waste to be used as fuel.
NR 500.10(4)
(4) The quantity of the waste to be used as fuel.
NR 500.10(5)
(5) The percentage of the total fuel mix contributed by the municipal solid waste.
NR 500.10(6)
(6) The physical and chemical properties of the residue.
NR 500.10 History
History: Cr.
Register, May, 1992, No. 437, eff. 6-1-92
; correction made under s. 13.93 (2m) (b) 1., Stats.,
Register, May, 1995, No. 473; am. (intro.),
Register, June, 1996, No. 486, eff. 7-1-96; am. (intro.),
Register, December, 1997, No. 504, eff. 1-1-98.
NR 500.11
NR 500.11 Enforcement. If the department has reason to believe that a violation of the requirements of ch.
289, Stats., or chs.
NR 500 to
538 has occurred, it may take enforcement action as authorized under subch.
VIII of ch. 289, Stats., or as authorized in applicable enforcement provisions for landfill and solid waste disposal program requirements in chs.
NR 500 to
538.
NR 500.11 History
History: CR 05-020: cr.
Register January 2006 No. 601, eff. 2-1-06.
