Section 182.07. Location criteria.

 

(1)  No person shall establish, construct, operate, maintain, or permit the use of property for a waste site within the following areas, except pursuant to an exemption granted under s. NR 182.19 :

(a) Within areas identified in s. 293.01 (28) , Stats., and in s. NR 131.03 (22) or 132.03 (25) . In addition to s. 293.01 (28) (a) , Stats., the presence of endangered and threatened species as designated by the department under s. 29.604 , Stats., shall be considered.

(b) Within 1,000 feet of any navigable lake, pond or flowage.

(c) Within 300 feet of a navigable river or stream.

(d) Within a floodplain.

(e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following: any state trunk highway, interstate or federal primary highway; the boundary of any state or federal park; the boundary of a scenic easement purchased by the department or the department of transportation; the boundary of a designated scenic or wild river; a scenic overlook designated by the department by rule; or a bike or hiking trail designated by the United States congress or the state legislature; unless, regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm or other appropriate means, or unless, regardless of season, the site is screened so as to be as aesthetically pleasing and inconspicuous as is feasible.

(f) Within 1,200 feet of any public or private water supply well.

(g) Within an area which contains known mineral resources at the time of initial application which are likely to be mined in the future and lie within 1,000 feet of the surface.

(h) Within 200 feet of the property line.

(i) Within an area where the department after investigation finds that there is a reasonable probability that disposal of solid waste within such an area will result in a violation of surface water quality criteria and standards as specified in chs. NR 102 to 104 .

(j) Within an area where the department finds there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in s. NR 182.075 .

(2)  Any proposal to establish a site or facility shall comply with the standards and procedures in s. NR 132.06 (4) , relating to the minimization of disturbance to wetlands.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82; am. (1) (j), Register, May, 1998, No. 509 , eff. 6-1-98; correction in (1) (a) made under s. 13.92 (4) (b) 7. , Stats., Register March 2011 No. 663 .