Chapter NR 516

NR 516.09 NR 516.09 Expedited construction documentation approval.

NR 516.09(1) (1) Applicability.

NR 516.09(1)(a) (a) If requested by the owner or operator, this section applies to all proposals for approval of construction documentation, except those identified in par. (b), that would not result in a violation of a statute or administrative rule, and would not require issuance of an exemption by the department. Constructions to which this section applies include, but are not limited to the following:

NR 516.09(1)(a)1. 1. Features located outside the limits of waste that do not provide primary or secondary containment for leachate or landfill gas.

NR 516.09(1)(a)2. 2. Weigh stations, buildings or roads located outside the limits of waste, including building areas used to tip and inspect incoming waste loads.

NR 516.09(1)(a)3. 3. Features that are temporary and will be removed within 2 years, including intermediate cover.

NR 516.09(1)(a)4. 4. Leachate or gas well installation, or leachate recirculation systems.

NR 516.09(1)(a)5. 5. Replacement of damaged or nonfunctional features of gas extraction systems or leachate head wells that do not involve significant changes in design, location or materials of construction.

NR 516.09(1)(a)6. 6. Portions of the final capping system that would not result in a reduced amount of financial assurance.

NR 516.09(1)(a)7. 7. Except as provided under par. (b), other features determined by the department to pose low potential risk of adverse impacts on public health or the environment in the event of improper construction or failure of the constructed feature.

NR 516.09(1)(b) (b) This section does not apply to approval of construction of any of the following:

NR 516.09(1)(b)1. 1. Liners, leachate collection pipes within the landfill or any other component that would require removal of waste to complete future reconstruction of the component, because this is not considered low risk.

NR 516.09(1)(b)2. 2. Any component for which improper construction or failure of the component could result in leachate being released outside the limits of waste fill, because this is not considered low risk, except that approval of construction documentation for the repair of existing components may be submitted under this section.

NR 516.09(1)(b)3. 3. Any portion of the final capping system that would result in a reduced amount of financial assurance.

NR 516.09(1)(b)4. 4. Any component or feature that would result in a violation of the approved plan of operation.

NR 516.09(2) (2) Procedure. A construction documentation report is deemed approved if all of the following occur:

NR 516.09(2)(a) (a) The owner or operator submits a written proposal to the department which describes the construction that has been completed. With the proposal, the owner or operator shall submit a cover letter that includes all of the following:

NR 516.09(2)(a)1. 1. Identification of the applicable subdivision of sub. (1) (a) the construction falls under and a statement requesting review of the construction documentation under the expedited process outlined in this section.

NR 516.09(2)(a)2. 2. A brief description of the proposal.

NR 516.09(2)(b) (b) Either the department does not object to the construction documentation within 30 days after receipt of the notice under par. (a), or the department withdraws its objection to the proposal. Notification by the department that it does not consider construction documentation submitted under sub. (1) (a) 7. to pose a low potential risk of adverse impacts on public health or the environment in the event of improper construction or failure of the feature shall be considered to be an objection, and therefore subject to the dispute resolution process of sub. (3).

NR 516.09(2)(c) (c) The department’s technical review time does not exceed 8 hours to determine whether the proposal is low risk and complete any other tasks necessary to review the request.

NR 516.09(2)(d) (d) The appropriate review fee is paid in accordance with ch. NR 520, Table 3.

NR 516.09(2)(e) (e) All of the following also occur:

NR 516.09(2)(e)1. 1. The construction was completed in a manner consistent with the approved plan of operation, including all construction quality assurance measures.

NR 516.09(2)(e)2. 2. The submittal includes all construction documentation specified by the plan of operation approval, including applicable rules in chs. NR 500 and 516, and specifications provided in the plan of operation report as approved by the department.

NR 516.09(2)(e)3. 3. The applicant properly notified the department of the construction of any features for which a construction inspection is specified by plan approval condition, and for any inspections completed by the department, the appropriate construction inspection fee is paid in accordance with ch. NR 520, Table 3.

NR 516.09(3) (3) Dispute resolution.

NR 516.09(3)(a) (a) If the department objects to an expedited construction documentation approval under sub. (2), the following procedures apply:

NR 516.09(3)(a)1. 1. Within 20 days after the department objects to the construction documentation, the owner or operator may file a request with the secretary of the department for a conference to discuss the reasonableness of the department’s objection to the construction documentation.

NR 516.09(3)(a)2. 2. The secretary may designate appropriate department personnel to confer with the owner or operator regarding the reasonableness of the objection. The designated department personnel shall include supervisory personnel who did not participate in the objection to the construction documentation.

NR 516.09(3)(a)3. 3. The department personnel designated by the secretary shall make arrangements to confer with the owner or operator at the earliest practical time. The department shall promptly notify the owner or operator in writing whether or not the objection to the construction documentation will be withdrawn.

NR 516.09(3)(b) (b) This section does not affect in any manner any other provision of law authorizing administrative or judicial review of a department objection under this section.

NR 516.09 History History: CR 05-020: cr. Register January 2006 No. 601, eff. 2-1-06; correction made under s. 13.93 (2m) (b) 1., Stats., Register January 2006 No. 601.