207Section 207 NR 520.04 (1) (d) 6. is created to read: NR 520.04 (1) (d) 6. The license fee surcharge under subd. 1. does not apply to any of the following waste disposed of at landfills:
a. Waste that was previously disposed of in a licensed landfill and is excavated and disposed of in another licensed landfill.
c. Waste created as a direct result of a one-time project paid for entirely with state funds.
208Section 208 NR 520.04 (3), (4) (intro.) and (a) are amended to read: NR 520.04 (3) Licensure during the closure and long-term care period. The owner or operator and any successor in interest shall maintain a license during the closure and long-term care period indicated in s. 289.41 (1m), Stats. The owner or operator for an intermediate sized construction and demolition waste landfill under s. NR 503.10 shall obtain authorization to begin the long-term care period. The license and long-term care period authorization fees are specified in Table 3. The owner or operator shall maintain an active operating license until all closure activities are complete and the department has issued a long-term care license, if applicable. (4) Plan review and license fees. For the purposes of determining plan review and license fees, all of the following shall apply:
(a) Plan review and license fees shall be charged in accordance with Tables 2, 3 and 5 2 and 3.
209Section 209 NR 520.04 (4) (b) and (c) are repealed. 210Section 210 NR 520.04 (4) (d) to (i) are created to read: NR 520.04 (4) (d) The plan review fees specified in Table 2 for all facilities except landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 2 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete.
(e) A plan modification as referred to in Table 2 is a submittal that proposes to modify a plan of operation or closure plan previously approved by the department.
(f) The department shall waive the plan review fees and license fees in Table 2 for a processing facility, including a composting facility, an electronics processing facility, or an incinerator that has a primary purpose of converting solid waste into usable materials, products, or energy. The waiver does not include the initial site and construction inspection fees or the construction documentation review fee.
(g) The plan review fees specified in Table 3 for landfills and surface impoundments cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 3 for resubmittal of a plan that has been withdrawn after having been determined to be complete or for review of a report that has twice been declared incomplete.
(h) A plan modification fee in Table 3 applies to a submittal that proposes to modify any of the following:
1. A plan of operation previously approved by the department.
2. A closure plan previously approved by the department.
3. The design management zone.
4. Calculation of indicator preventive action limits or alternative concentration limits as defined in ch. NR 140. 5. Exemptions to any groundwater standard under ch. NR 140 in a previously approved plan of operation. (i) The supplementary review fee in Table 3 applies to any of the following submittals:
1. An alternative geotechnical investigation plan under s. NR 512.085. 2. An initial site construction approval request under s. NR 514.04 (6m) or for small and intermediate sized landfills under ch. NR 503. 3. A site investigation or remedial action plan for environmental remediation.
211Section 211 NR 520.05 (1) and Table 1 are amended to read: NR 520.05 (1) Owner’s responsibility. The owner of any landfill is responsible for its closure, for any remedial actions required by the department, and for its perpetual long-term care. Owners of landfills or other solid waste facilities shall provide proof of financial responsibility as determined by Table 1 and the remainder of this chapter. Those facilities required to provide proof of financial responsibility shall submit the proof as part of prior to obtaining their operating license and annually thereafter for the period of active facility life, or longer where when required, to ensure compliance with closure, long-term care, or remedial actions.
Table 1
Proof of Owner Financial Responsibility
Facility Type | Closure Proof | Minimum LTC Proof Period | Subject to Remedial Action Proof, if required |
1. Approved Land Disposal Facilities | | | |
a. Last Plan of Operation approved before 8/8/89 and permanently ceased accepting waste before 8/15/91. | Yes | 20 or 30 years based on original choice of owner | No |
b. Last Plan of Operation approved before 8/8/89 and accepted waste on or after 8/15/91. | Yes | 40 years | Yes, if a MSW Landfill accepting waste after July 1, 1996. |
c. Last Plan of Operation approved on or after 8/8/89. | Yes | 40 years | Yes, if a MSW Landfill accepting waste after July 1, 1996. |
2. Non-Approved Land Disposal Facilities | | | |
a. Not a MSW Landfill or a MSW landfill whichthat did not accept waste after October 8, 1993. | No | No LTC proof required | No |
b. MSW Landfill whichthat accepted waste after October 8, 1993 but permanently stopped prior to July 1, 1996 | Yes | 40 years | No |
c. MSW Landfill whichthat accepted waste after July 1, 1996. | Yes | 40 years | Yes |
3. Demolition Waste Landfills Regulated under Ch. NR 503 | | | |
a. Small | If required in Department Plan Approval. | If required in Department Plan Approval. | No |
b. Intermediate | Yes | 40 years | No |
4. Transfer, Storage, Processing, Incinerator, and Combustor Facilities | If required in Department Plan Approval. | If required in Department Plan Approval. | No |
MSW = Municipal Solid Waste |
212Section 212 NR 520.06 (intro.), (3), (4), (6) (c), and (8) are amended to read: NR 520.06 Methods of providing proof of financial responsibility. Financial assurances for closure, long-term care, and remedial actions where when required, shall be established separately. The owner shall specify, as part of the plan of operation submittal or prior to operation for facilities that do not require a plan of operation, which method of providing proof of financial responsibility will be used for closure and for long-term care. To provide proof of financial responsibility, the applicant shall use only one of the following methods for each account unless more than one method is approved by the department in writing:
(3) Escrow account. If the owner establishes an escrow account, the amount shall be determined according to s. NR 520.08 (1) (a), (2) (a), or (3) (a), if required, and the account shall be with a bank or financial institution located within the state of Wisconsin whichthat is examined and regulated by the state or a federal agency. The assets in the escrow account shall consist of cash, certificates of deposit, or U.S. government securities. A total of no more than $100,000 $250,000, or the standard Federal Deposit Insurance Corporation insurance limit, in cash and certificates of deposit may be placed into escrow accounts or trust accounts established by the owner in the same bank or financial institution for the purposes of providing financial assurance to the department. U.S. government securities shall be used in these escrow or trust accounts for amounts in excess of $100,000 $250,000, or the standard Federal Deposit Insurance Corporation insurance limit. All interest or coupon payments shall accumulate in the account. A duplicate original of the escrow agreement for closure or long-term care, with original signatures shall be submitted to the department as part of the initial operating license application. Escrow account forms shall be supplied by the department. The department shall be a party to the escrow agreement, whichthat shall provide that there shall be no withdrawals from the escrow account except as authorized in writing by the department. The escrow agreement shall further provide that the department shall have the right to withdraw and use part or all of the funds in the escrow account to carry out the closure or long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out. (4) Irrevocable trust. If the owner creates an irrevocable trust, it shall be exclusively for the purpose of ensuring that the owner or any successor in interest will comply with the closure or long-term care requirements of the approved plan of operation. The trust agreement shall designate the department as sole beneficiary. The trustee shall be a bank or other financial institution located within the state of Wisconsin whichthat has the authority to act as a trustee and whose trust operations are regulated and examined by the state or a federal agency. The trust corpus shall consist of cash, certificates of deposit, or U.S. government securities in the amount determined according to s. NR 520.08 (1) (a), (2) (a) or (3) (a), if required. A total of no more than $100,000 $250,000 or the standard Federal Deposit Insurance Corporation insurance limit, in cash and certificates of deposit, may be placed into escrow accounts or trust accounts established by the owner in the same bank or financial institution for the purposes of providing financial assurance to the department. U.S. government securities shall be used in these escrow or trust accounts for amounts in excess of $100,000 $250,000 or the standard Federal Deposit Insurance Corporation insurance limit. All interest or coupon payments shall accumulate in the account. A duplicate original of the trust agreement for closure or long-term care, with original signatures shall be submitted to the department for approval as part of the initial operating license application. Trust forms shall be supplied by the department. The trust agreement shall provide that there shall be no withdrawal from the trust fund except as authorized in writing by the department. The trust agreement shall further provide that sufficient monies shall be paid from the trust fund to the beneficiary in the event that the owner or any successor in interest fails to complete the closure or long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the closure or long-term care requirements of the approved plan of operation have been carried out. (6) (c) A company using the net worth test to provide proof of financial responsibility for more than one facility, including facilities located outside of Wisconsin, shall use the total cost of compliance for all facilities in determining the net worth to closure and long-term care and remedial action cost ratio.
(8) Other methods. The department shall consider other financial commitments made payable to or established for the benefit of the department to ensure the owner or operator will comply with the closure and long-term care requirements of the approved plan of operation. The department shall review the request of any owner or operator to establish proof of financial responsibility to determine whether the proposed method provides a degree of assurance that is comparable to that provided by the methods listed in this section. The department may charge a fee to the owner or operator equal to the cost of acquiring services for the review of the request by an entity outside of the department. The owner shall submit the request and all supporting information as part of the plan of operation.
213Section 213 NR 520.07 (3) and (5) are amended to read: NR 520.07 (3) Long-term care costs. At a minimum, the owner shall consider long-term care costs shall for the entire facility property and include, where when applicable, owner or operator inspections and land surface care; gas removal, treatment and monitoring; unsaturated zone monitoring; leachate pumping, transportation, monitoring and treatment; groundwater monitoring including sample collection and analysis; leachate collection line cleaning on an annual basis and leachate line televising every 5 years; annual cost of electricity for maintaining the closed site; monitoring device equipment maintenance, abandonment, and replacement costs; and a 10% 10 percent contingency. For the purposes of preparing the long-term care cost estimates, the owner shall assume that all monitoring requirements specified in the plan of operation shall be assumed to apply over the entire long-term care period. Leachate The owner shall assume that leachate quantity and strength shall be assumed to remain constant over time at the initial long-term care cost determination and the calculation of leachate generation volumes shall be performed assuming that the waste is at field capacity unless the department approves in writing an alternative method is approved by the department in writing. Only based on the leachate generation rates required under s. NR 512.12 (3). The department will only consider detailed performance data will be considered when evaluating estimates for leachate strengths and leachate generation volumes. For closed landfills already in long-term care, leachate generation rates may be based on actual annual leachate volumes produced over a minimum 10-year period during long-term care. Leachate treatment costs shall be based on those available from a municipal wastewater treatment plant capable of accepting the leachate in accordance with the applicable requirements of its WPDES permit. The expected operating life of all pumps, manholes, blowers, extraction wells, and other monitoring device equipment and engineering design features shall be specified in the plan of operation. As each of these features reach the end of their anticipated operating life, the cost of their replacement shall be added to the estimate for the appropriate year of the long-term care proof period. (5) Inflation rate. The rates of inflation applied to cost estimates approved by the department in previous years shall be the annual gross domestic product implicit price deflator published in the survey of current business by the bureau of economic analysis, U.S. department of commerce for the appropriate years adjusted for inflation annually using an inflation factor derived from the most recent implicit price deflator for gross domestic product published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. The projected rate of inflation factor to be applied in proof of financial responsibility calculations for all future years shall be equal to the annual gross domestic product implicit price deflator the average inflation factor for the last 5 full calendar year years.
214Section 214 NR 520.08 (2) (a) 3. and 4. are amended to read: NR 520.08 (2) (a) 3. The amount of the annual payments shall be calculated and made such that, at the end of the projected facility life, the minimum dollar value of the account is equal to the sum of all estimated long-term care expenditures for the entire long-term care proof of financial responsibility period where when the expenditure for each year has first been expressed in future dollars and then brought to present value using a discount rate equal to the projected rate of inflation plus 2% 1.5 percent.
4. In estimating future earnings on these accounts, the weighted average rate of return of the investments held in the account may be used for a period of time not to exceed the weighted average maturity of the investments held in the account rounded to the nearest whole year. Earnings for years beyond the weighted average maturity of the investments in the account shall be calculated based on a projected rate of return equal to the projected rate of inflation plus 2% 1.5 percent.
215Section 215 NR 520.09 is amended to read: NR 520.09 Changing methods of proof of financial responsibility. The owner of a solid waste land disposal facility may change from one method of providing proof of financial responsibility under s. NR 520.06 to another, but not more than once per year. A change may only be made on the anniversary of the submittal of the original method of providing proof of financial responsibility. The amount of the new method of providing proof of financial responsibility shall be in the amount that is equal to the amount that would have accumulated had the new method been used as the original method. 216Section 216 NR 520.10 (2) is amended to read: NR 520.10 (2) Adjusted proof mechanisms shall be submitted to the department within 60 days after a new cost estimate, submitted in accordance with s. NR 520.07, is approved by the department. The adjusted proof mechanisms shall be in an amount adequate to cover the most recently approved cost estimate. 217Section 217 NR 520.11 is amended to read: NR 520.11 Access and default. Whenever on the basis of any reliable information, and after opportunity for a hearing, the department determines that an owner or operator of a solid waste land disposal facility is in violation of any of the requirements for closure, long-term care or remedial action specified in a department approval, the department and its designees shall have the right to enter upon the facility and carry out the closure, long-term care or remedial action requirements. The department may use part or all of the money deposited with it, or the money deposited in escrow or trust accounts, or performance or forfeiture bonds, or letters of credit, insurance, or funds accumulated under other approved methods to carry out the closure, long-term care or remedial action requirements.
218Section 218 NR 520.13 is amended to read: NR 520.13 Bankruptcy notification. The owner or operator of a solid waste facility for the land disposal of solid waste shall notify the department by certified mail of the commencement of a voluntary or involuntary proceeding under the bankruptcy code, 11 USC 101, et seq., naming the owner or operator as debtor, within 10 days after commencement of the proceeding. 219Section 219 NR 520.14 (1) is repealed. 220Section 220 NR 520.14 (1m) is created to read: NR 520.14 (1m) Tonnage fees. All owners or operators of licensed solid waste land disposal facilities shall pay to the department applicable fees required under subch. VI of ch. 289, Stats., and s. NR 520.04 for each ton of solid waste received and disposed of at the facility until the facility no longer receives waste and closure activities are finalized. 221Section 221 NR 520.14 (2) is repealed. 222Section 222 NR 520.14 (3) (a) and (b) are amended to read: NR 520.14 (3) (a) Certification of waste received. The owner or operator of a licensed solid waste land disposal facility, or a processing facility which that converts solid waste to fuel, or a municipal solid waste combustor, or a solid waste incinerator shall certify, on a form provided by the department, the amount of solid waste received and disposed of or converted into fuel or burned during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail provide the certification form to the owner or operator every January by April 1 of each year. The certification form shall be completed and returned to the department if the tonnage or categories of solid waste disposed of during the preceding reporting period are different from the year immediately preceding the reporting period. The certification form shall be returned to the department within 45 days after mailing of the form by the department to the owner or operator within 30 days.
(b) Payment of fees. Based on information certified by the owner or operator under par. (a), the department shall mail provide notice of fees due in May and the owner or operator shall within 30 days after mailing of receiving the fees notice, remit the appropriate fees to the department. An owner or operator failing to remit the appropriate fees within 30 days after mailing of receiving the fees notice to the owner or operator shall pay a late processing fee of $50 $150.00 in addition to the appropriate fees.
223Section 223 NR 520.14 (3) (c) 3. to 5. are amended to read: NR 520.14 (3) (c) 3. For a solid waste disposal facility, the remaining capacity available for disposal based on an annual topographical survey or other method approved by the department in writing. If no waste was accepted at or removed from the facility during the reporting period, a topographical survey is not required.
4. A list of all licensed haulers transporting waste to the facility for disposal or treatment in the previous year, including the collection and transportation license number issued by the department, if applicable.
5. A list of the states of origin of solid waste disposed of or treated at the facility in the previous year and the type and amount, by weight, of that solid waste originating in each state.
224Section 224 NR 520.14 (3) (c) 6. is repealed. 225Section 225 NR 520.15 (1) (c) and (3) are repealed. 226Section 226 NR 520.15 Table 2 is amended to read: TABLE 2 Fee Schedule – All Facilities Except Landfills And and Surface Impoundments |
Facility Type | Initial Site & Construction Inspection Fees (1)1 | Plan Review Fee (2) | Plan Modification or Exemption Request | Construction
Documentation Review Fee | Annual License Fee |
Beneficial Use | $550 | $550 | $550 | $550 | N/A |
Collection and Transportation | N/A | N/A | N/A | N/A | $110 |
Each Additional Truck | N/A | N/A | N/A | N/A | $33 |
Exempt (up to 50 tons/day) | $550 | N/A | N/A | N/A | $165 |
Small (>50 to 100 tons/day) | $550 | $660 | $330 | $330 | $165 |
Large (>100 tons/day) | $550 | $1,650 | $550 | $660 | $550 |
Processing Facility (4) | $550 | $3,300 | $1,100 | $1,100 | $550 |
Exempt (up to 50 tons/day) | $550 | N/A | N/A | N/A | $550 |
Non-Exempt (>50 tons/day) | $550 | $1,650 | $550 | $660 | $550 |
Incineration Facility(4) | $550 | $7,700 | $1,650 | $1,100 | $7,700 |
Air Curtain Destructor | $550 | $330 | $330 | $165 | $165 |
Woodburning Facility | $550 | $165 | $165 | N/A | $165 |
One-Time Disposal | $550 | $660 | $660 | N/A | N/A |
Municipal Waste Combustor | | | | | |
Small | $550 | $1,650 | $550 | $660 | $660 |
Large (>10 tons/day) | $550 | $7,700 | $1,650 | $1,100 | $7,700 |
Exempt | $550 | $660 | $550 | N/A | N/A |
Non-Exempt | $550 | $1,650 | $550 | N/A | N/A |
Infectious Waste Transport | N/A | N/A | N/A | N/A | $275 |
Each Additional Truck | N/A | N/A | N/A | N/A | $22 |
Infect. Waste Annual Report | N/A | N/A | N/A | N/A | $55 (5)2 |
Medical Waste Reduction Plan | N/A | $660 (6)3 | $550 | N/A | N/A |
Low Hazard Exemption under s. NR 500.08 (3m) and (4) or s. 289.43 (8), Stats. | N/A | $2,000 | N/A | N/A | N/A |
(1)1 The initial site inspection fee doubles to $1,100 if preliminary screening prior to field inspection indicates the possible presence of endangered resources or sites of historical or archeological significance. This fee also applies to each compliance inspection performed per s. NR 502.05 (3) (k) 8. or 502.07 (2r) (g). |
(2) The plan review fees specified in Table 2 cover the department’s review from initial submittal through approval or denial of the report or plan. An applicant may withdraw and revise or supplement a report or plan prior to it being deemed complete and resubmit it without paying an additional review fee. The applicant shall pay an additional plan review fee as specified in Table 2 for resubmittal of a plan which has been withdrawn after having been determined to be complete, or for review of a report that has twice been declared incomplete. |
(3) A plan modification, as referred to in Table 2, is a submittal which proposes to modify a plan of operation or closure plan previously approved by the department. |
(4) The department shall waive the plan review fees and license fees for a processing facility, including a composting facility, an electronics processing facility, or an incinerator that has a primary purpose of converting solid waste into usable materials, products, or energy. The waiver does not include the initial site and construction inspection fees or the construction documentation review fee. |
(5)2 This is an annual filing fee. A $25 late fee will be added for annual reports received after March 1 of the following calendar year. |
(6)3 If the department requires a medical facility to submit its medical waste reduction plan under s. NR 526.22, the plan review fee shall also be submitted. |
227Section 227 NR 520.15 Table 3 is repealed and recreated to read: Table 3
