Chapter NR 512
FEASIBILITY REPORTS FOR LANDFILLS
NR 512.04 Initial site report. NR 512.05 General submittal requirements. NR 512.06 Procedural requirements. NR 512.07 General facility information. NR 512.08 Land use information. NR 512.085 Site-specific geotechnical investigation. NR 512.09 Minimum site-specific information. NR 512.10 Subsurface data analysis. NR 512.11 Data presentation. NR 512.12 Waste and leachate characterization. NR 512.13 Constraints on landfill development. NR 512.14 Proposed preliminary design. NR 512.15 Identification of soil borrow sources. NR 512.16 Environmental review. NR 512.17 Need and design capacity. NR 512.18 Evaluation of alternatives to land disposal. NR 512.19 Noncompliance with plans or orders.
NR 512.01NR 512.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in this state and to outline the requirements regarding feasibility reports for new landfills or expansions of existing landfills. The purpose of the feasibility report is to determine whether a proposed property has potential for use as a landfill and to identify any conditions which the applicant shall address in the plan of operation. This chapter is adopted under ch. 289, Stats., and s. 227.11, Stats. NR 512.01 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96. NR 512.02(1)(a)(a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all landfills as defined under s. 289.01 (20), Stats., including all CCR landfills and expansions. NR 512.02(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 512.02 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1994, No. 461; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 4. and am., cr. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22. NR 512.03NR 512.03 Definitions. The terms used in this chapter are defined in s. NR 500.03. NR 512.03 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88. NR 512.04NR 512.04 Initial site report. Any applicant intending to establish a new landfill or expand an existing landfill shall obtain an initial site report opinion from the department prior to submitting a feasibility report. NR 512.04 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96. NR 512.05NR 512.05 General submittal requirements. NR 512.05(1)(1) All landfills. An applicant proposing to construct a new landfill or expand an existing landfill shall submit a feasibility report and related materials in accordance with ss. NR 500.05, 500.055, and 500.058, and this chapter. The feasibility report shall address all department review comments on the initial site report. If the applicant requests any general exemptions under s. NR 500.08 (4), the applicant shall provide the information for justification of the request, as specified under s. NR 500.08 (4), in the narrative of the feasibility report. NR 512.05(2)(2) Vertical-only expansion. For a proposed vertical-only expansion of an existing landfill, the geotechnical information required by ss. NR 512.09, 512.10, and 512.11 (2), (4), and (5) may be excluded from the feasibility report, unless required in writing by the department. NR 512.05 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96; CR 24-063: renum. NR 512.05 to (1) and am., cr. (2) Register September 2025 No. 837, eff. 10-1-25; correction in (1) made under s. 35.17, Stats., and correction in (2) made under s. 13.92 (4) (b) 12., Stats., Register September 2025 No. 837. NR 512.06NR 512.06 Procedural requirements. An applicant shall comply with all applicable procedural requirements of ss. 289.21 to 289.32, Stats. NR 512.06(1)(1) Local approvals. An applicant shall submit a written request including the standard notice developed under s. 289.22 (2), Stats., to each affected municipality for the specification of all applicable local approval requirements under s. 289.22 (1m), Stats. An applicant subject to s. 289.33, Stats., shall apply for all applicable local approvals specified by a municipality under s. 289.22 (1m), Stats., at least 120 days prior to submitting the feasibility report to the department. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the feasibility report 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first. The feasibility report shall contain a copy of all requests for the specification of applicable local approvals, responses from affected municipalities regarding any applicable local approvals, the standard notice, and follow up applications for any applicable local approvals to document that this requirement has been met. NR 512.06(2)(2) Submission of reports. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department’s initial site report opinion, and the feasibility report to each participating municipality under s. 289.33 (6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted. NR 512.06(3)(3) Completeness. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether the items specified in the department’s initial site report opinion letter and the minimum requirements of this chapter have been met, and whether any additional information is necessary for the department to make a feasibility determination. If the report is incomplete, the department shall notify the applicant in writing and specify the information that shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25 (3), Stats., and issue a preliminary determination stating whether an environmental impact statement is required. Notwithstanding a determination of completeness, the department may require the applicant to submit additional information during the feasibility review if the department cannot determine the feasibility of the proposed landfill without the additional information. NR 512.06 NoteNote: Section NR 504.04 (2) requires that an applicant submit a completed s. NR 812.43 variance request to the department before the department may grant an exemption to s. NR 504.04 (3) (f). In order for the department’s variance request decision to be made in conjunction with the feasibility determination, the department recommends the completed variance request be submitted to the department’s drinking water and groundwater program for each well exemption request under s. NR 504.04 (3) (f) within 10 days after the department’s determination that the feasibility report is complete. Section NR 812.43 (1) (a) 1. requires that if the application is submitted by the landfill owner, the application shall include documentation that written notification of the variance request has been provided to any well owner meeting conditions under the separation distance specified in s. NR 812.08 Table A. NR 512.06(4)(4) Distribution. Immediately after the applicant receives notification of the department’s determination that the feasibility report is complete, the applicant shall distribute copies of the feasibility report to the persons specified under s. 289.32, Stats. NR 512.06 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (2), (3), Register, June, 1996, No. 486, eff. 7-1-96; CR 24-063: am. (2), (3), cr. (4) Register September 2025 No. 837, eff. 10-1-25; correction in (3) made under s. 35.17, Stats., Register Septembe 2025 No. 837. NR 512.07NR 512.07 General facility information. The feasibility report shall identify the project title; name, address and phone number of the primary contacts including the proposed landfill’s owner, operator and any consultants; present property owner; proposed landfill location by quarter-quarter section; total acreage of the property and proposed limits of filling; proposed landfill life, design capacity and date of closure; municipalities and industries to be served; anticipated waste types and characteristics; anticipated volumes of each major waste stream and any seasonal fluctuations taking into account waste reduction, reuse, recycling, composting and the recovery of energy from solid waste; anticipated cover frequency; mode of operation; proposed sub-base, base and final grades; preliminary design concepts; need for the landfill; the alternatives to land disposal, including any proposed waste reduction and recovery services; and how the proposed facility relates to any applicable solid waste management plan approved under s. 289.10, Stats. NR 512.07 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.08 and am., Register, June, 1996, No. 486, eff. 7-1-96; am., Register, August, 1997, No. 500, eff. 9-1-97; am. Register, September, 1998, No. 513, eff. 10-1-98. NR 512.08NR 512.08 Land use information. The feasibility report shall include a discussion of land uses at the proposed landfill location and surrounding area. Relevant land use information contained in the initial site report may be referenced in the feasibility report. However, a thorough discussion of any changes in land uses since the submittal of the initial site report which may have an impact on the suitability of the property for waste disposal or on groundwater quality shall be included. The report shall address all areas where land use may affect or be affected by the proposed landfill. At a minimum, this will be the area within one mile of the proposed limits of filling. If the landfill owner proposes to accept municipal solid waste or other putrescible waste, the report shall include any information or bird study requested by the federal aviation administration or by the department concerning any airport whose runway end is within 5 miles of the proposed limits of filling. NR 512.08 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. from NR 512.09 and am., r. (1) to (4), Register, June, 1996, No. 486, eff. 7-1-96. NR 512.085NR 512.085 Site-specific geotechnical investigation. NR 512.085(1)(1) The applicant shall perform laboratory and field investigations to define the physical characteristics of the proposed landfill’s location. The applicant shall obtain sufficient site-specific geotechnical information to define the subsurface geological conditions and the hydrogeologic and groundwater quality conditions both inside and outside the proposed limits of filling. NR 512.085(2)(2) Geotechnical information shall be sufficient to identify all of the following site-specific conditions:
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