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 NR 500.065 License issuance.

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 NR 500.08 Exemptions.

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) Except as provided under s. NR 500.08 (3m), 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(3m) (3m) Exemption for material dredged from the Great Lakes. A facility for the exclusive disposal of material dredged by a municipality or county or a contractor for a municipality or county from Lake Michigan, Lake Superior, or bays or harbors adjacent to Lake Michigan or Lake Superior is exempt from the licensing and plan review requirements under chs. NR 500 to 538, except for appropriate fees under ch. NR 520, Table 3, if established and operated in accordance with all of the following requirements:

NR 500.08(3m)(a) (a) The department determines that the dredging and disposal will have a demonstrable economic public benefit, as defined under s. 281.36 (1) (am), Stats.

NR 500.08(3m)(b) (b) The department determines that the cumulative adverse environmental impact of the dredging and disposal is insignificant and will not injure public rights or interests, cause environmental pollution, as defined under s. 299.01 (4), Stats., or result in material injury to the rights of any riparian owner. To make this determination, the disposal facility shall comply with the performance standards under s. NR 504.04 (4) and may not accept hazardous waste, contaminated sediment from a site regulated under chs. NR 700 to 758, or sediment with polychlorinated biphenyls regulated under 40 CFR 761.

NR 500.08(3m)(c) (c) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility is located at least 100 feet from any wetland or critical habitat area and is outside a floodplain. Beach nourishment may only be conducted above the ordinary high water mark on a public beach that has already been noticeably disturbed by human activities such as the construction of a parking lot, public swimming area, or other improvement and that has no unique ecological value.