Section 502.04. General requirements.

  All facilities regulated under this chapter shall comply with the following requirements:

(1)   Performance standards.

(a) Unless an exemption is granted by the department under par. (b) , no person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter, or any non-commercial soil borrow source designated to be used in the construction of a specific facility regulated under this chapter, within an area where there is reasonable probability that the facility will cause any of the following:

1. A detrimental effect on any surface water.

2. A significant adverse impact on wetlands as provided in ch. NR 103 .

3. A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventative action limit or enforcement standard at a point of standards application as defined in ch. NR 140 . For the purposes of design, the point of standards application is defined by s. NR 140.22 (1) .

4. A take of an endangered or threatened species or other activity prohibited under s. 29.604 , Stats.

5. The migration and concentration of explosive gases in any facility structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.

6. The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.04 or 445.05 .

(b) Exemptions from the requirements of par. (a) 4. to 6. may be granted by the department only upon demonstration by the applicant of circumstances which warrant the exemption. Exemptions from compliance with par. (a) 3. may be granted only according to the procedures in ch. NR 140 . Exemptions from compliance with par. (a) 2. may be granted only in accordance with the standards in ch. NR 103 . Exemptions from compliance with par. (a) 1. may not be granted.

(2)   Initial site inspection.

(a) Any person intending to establish or expand a solid waste facility listed in subds. 1. to 8. which is subject to locational criteria under this chapter or a soil borrow source listed in subd. 9. shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter:

1. Noncontainerized storage facilities.

2. Transfer facilities.

3. Processing facilities.

4. Incinerator facilities.

5. Air curtain destructor facilities.

6. Woodburning facilities.

7. Composting facilities.

8. Municipal solid waste combustor facilities.

9. Non-commercial soil borrow source designated to be used in the construction of a specific solid waste facility listed in subds. 1. to 8.

(b) The written request for initial site inspection shall comply with s. NR 500.05 (5) to (8) and shall contain a cover letter identifying all of the following:

1. The applicant and authorized contact.

2. Type of facility and operation proposed.

3. Property ownership.

4. Location by quarter — quarter section.

5. Present land use.

6. All potential conflicts with the performance standards listed in sub. (1) .

(c) The written request for initial site inspection for solid waste facilities listed in par. (a) 1. to 8. shall contain all of the following additional information:

1. Identification of any known potential impacts to endangered and threatened species in accordance with s. 29.604 (4) , Stats., and the federal endangered species act or historical, scientific or archeological areas in accordance with s. 44.40 , Stats., including any prior studies or surveys conducted at the proposed site.

2. An enlarged 7.5 minute USGS map or other base map having a minimum scale of 1 ‶ = 500 feet. The map scale and contour intervals shall be revised as necessary to sufficiently show relief, surface waters, floodplains, existing land use conditions and all water supply wells and residences located within one mile of the property boundaries of the proposed facility.

(d) The department shall conduct an initial site inspection within 22 business days of receipt of a written request which complies with the requirements of this subsection. Depending on the season, follow up inspections may be necessary to identify any obscured features of the proposed property such as wetlands. Within 22 business days of completing the inspection, the department shall render a preliminary opinion regarding the suitability of the site location and identify any additional studies or information that is to be submitted to determine if a proposed solid waste facility or soil borrow source complies with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter. A favorable opinion from the department under this paragraph does not guarantee that performance standards or locational criteria will be met.

(3)   Closure. Except as otherwise specified in this chapter or in a department issued approval, the owner or operator of any facility regulated under this chapter, or any person who permits the use of property for such purposes, shall at a minimum complete all of the following:

(a) Within 5 calendar days after ceasing to accept waste at the facility, remove all putrescible waste and containerize, properly utilize or dispose of all other waste.

(b) Within 60 days after ceasing to accept waste at the facility, remove all waste.

(c) Unless otherwise specified in a department issued approval, the following minimum requirements shall also be met by the owner or operator of a facility for which a plan of operation is required under this chapter:

1. At least 60 days prior to ceasing to accept waste at the facility for an extended period, the department shall be notified in writing and a sign shall be posted in a prominent location notifying users of the date on which the facility will cease to accept waste. In the case of ceasing to accept waste for an extended period due to unplanned and unforeseeable circumstances, such as fire or equipment failure, department notification and sign posting shall be completed as soon as practical. Alternatives to posting a sign may be implemented with department concurrence for facilities which are not open to the general public.

2. Within 60 days of ceasing to accept waste, the facility shall be closed in accordance with the approved plan of operation.

(4)   Environmental review. The department may require an applicant for an initial license or for approval of expansion of an existing solid waste facility listed in the following pars. (a) to (f) to submit information with the plan of operation report as specified by the department to determine the need for an environmental impact report or environmental impact statement:

(a) Noncontainerized storage facilities.

(b) Transfer facilities.

(c) Processing facilities.

(d) Incinerator facilities.

(e) Composting facilities.

(f) Municipal solid waste combustor facilities.

(5)   Environmental monitoring. The department may require the owner or operator of any facility for which a plan is required under this chapter, or any person who permits the use of property for such purposes, to conduct environmental monitoring in accordance with ch. NR 507 and plans approved by the department, including surface water, groundwater, unsaturated zone or gas monitoring. The department may require monitoring after closure of the facility.

(6)   Financial responsibility. The department may require the owner or operator of any facility for which a plan is required under this chapter to provide proof of financial responsibility for the cost of closure of the facility. The department may require the owner or operator to submit closure cost estimates for removal, transport and ultimate disposal of the wastes. If proof of financial responsibility is required by the department, it shall be submitted prior to licensing of the facility, or as otherwise specified by the department.

Cr. Register, January, 1988, No. 385 , eff. 2-6-88; r. and recr, Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : r. and recr. (1) (a) 4., rn. (2) (c) 1. and 2. to be (2) (c) 1. and r. and recr., renum. (2) (c) 3. to be (2) (c) 2. Register January 2006 No. 601 , eff. 2-1-06.

Note

Sections NR 445.04 and 445.05 were repealed effective 8-1-08. Microsoft Windows NT 6.1.7601 Service Pack 1 One copy of the information required by pars. (b) and (c) shall be submitted to the department's field office responsible for the area in which the facility is proposed to be located, and one copy shall be submitted to the department's solid waste management section in Madison. Microsoft Windows NT 6.1.7601 Service Pack 1 Fees for plan review, license and other applicable items are charged in accordance with ch. NR 520 . Licenses for facilities regulated under this chapter are transferrable. Microsoft Windows NT 6.1.7601 Service Pack 1