6. List with description of all entities that may be affected by the proposed rule:
The proposed rule will primarily affect landfill owners and operators, including both public entities and private companies and their contractors. Proposed changes to landfill design or operation requirements and fees may result in cost increases as well as economic benefits for landfill owners and operators. Although this rule does not directly affect customers of landfills and other solid waste facilities, modified fees or other cost impacts may in practice be passed on to those residents and businesses. All state residents and businesses benefit from maintenance of an orderly and environmentally protective system of solid waste management.
There are currently 59 active licensed municipal solid waste and industrial landfills and thousands of closed landfills in Wisconsin. As of June 2022, there were approximately 640 non-landfill solid waste facilities (compost, incinerator, processor, storage and transfer facilities) and 1,200 collection and transport licensees.
Municipalities in which landfills are located or nearby municipalities and their residents may be affected because of opportunities for public participation related to landfill plan reviews. The rule will not affect the authority for local approvals related to landfill siting, which is established by statute. More generally, residents and businesses are indirectly affected by state solid waste management policies and standards because they rely on the existence of an efficient system for disposing of solid waste and the protection from risks to public health and the environment that state solid waste codes provide.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The proposed rule will need to be consistent with federal criteria under subtitle D of the Resource Conservation and Recovery Act (RCRA, 40 CFR Part 258) so that the department can obtain U.S. Environmental Protection Agency approval of the rule revisions and maintain its authority to regulate solid waste disposal facilities in Wisconsin. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses):
The proposed rule is expected to result in both economic benefits and costs as a result of changes to design or other requirements. Overall, the rule is expected to have a moderate cost impact ($50,000 to $5 million) on solid waste facility owners and operators, including landfill facilities, for plan review, licensing, construction, operation, and monitoring and reporting.
Portions of the rule may have a positive economic impact on landfill facility owners and operators due to reduced construction costs or other efficiencies. The benefits will likely vary for each landfill based on differences in locally available construction materials and costs across the State and some landfills may not realize any construction cost changes because of locally available materials. Increased operating costs are not expected to be significant and may be off-set by benefits realized from other changes within the proposed rule. The benefits and impacts will be evaluated in more detail during the economic impact analysis based on the requirements in the draft rule.
The rule proposes changes to plan review and licensing fees consistent with s. 289.61, Wis. Stats., which requires the department adopt by rule a graduated schedule of reasonable license and review fees for solid waste license and review activities at a level anticipated to recover the solid waste program staff review costs, and to accommodate inflationary increases. Any impacts from modified fees may be passed on by facility operators to the generators of the waste being managed (businesses, municipalities and residential customers). These impacts will be evaluated in more detail during the economic impact analysis based on facility type, size and disposal amounts. An unknown number of solid waste facilities may meet the definition of a small business that would be subject to changes in plan review and licensing fees. It is projected that the economic impact of this rule would be minimal or moderate for small businesses. Additional information will be collected during the economic impact solicitation period.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding one in-person public hearing, with an option for anyone to join virtually, in the month of September 2024. The hearing will be held in Madison, WI.
The department will hold the hearing in-person as well as virtually to allow for as many people to attend as possible. Comments may be provided by mail, phone and email as well as in-person.
Contact Person: Kate Strom Hiorns, Department of Natural Resources, Waste and Materials Management Program, PO Box 7921, Madison, WI 53707-7921; (608) 294-8663; KathrynM.StromHiorns@wisconsin.gov.
