Section 514.04. Procedural requirements.

 

(1)   General. No person may establish or construct a landfill or expand a landfill until a plan of operation has been submitted in accordance with s. NR 500.05 and this chapter and has been approved in writing by the department. No person may establish, construct or close an approved landfill except in accordance with this chapter, s. NR 506.08 and with the approved plan of operation. No person may submit a plan of operation for a new or expanded landfill prior to the submittal of a feasibility report by that person.

(2)   Data presentation. All plans of operation for landfills shall contain the complete plans and specifications necessary for construction, operation, monitoring, closing and long-term care. These documents shall be used for the day-to-day construction, operation and closure of the landfill and shall be presented in a manner that is clear and understandable.

(3)   Noncompliance with plans or orders. The plan of operation shall identify all person owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant. The plan of operation shall also identify all other Wisconsin solid or hazardous waste facilities for which the applicant or any identified person is named in, or subject to an order or plan approval issued by the department. In addition, the feasibility report shall identify all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or any identified person owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets and include a statement indicating whether or not all plan approvals and orders relating to all identified facilities are being complied with.

(4)   Completeness. Within 30 days after a plan of operation is submitted or, if the plan of operation is submitted with the feasibility report, within 30 days after the department issues notice that the feasibility report is complete, the department shall provide written notification to the applicant and any other person who has filed a written request whether or not the plan of operation is complete. If the submittal is deemed incomplete, the department will specify the information which shall be submitted before the plan may be deemed complete. The department will determine if the plan of operation is complete by determining whether or not the minimum requirements of this chapter and the conditions of any feasibility approval have been met. The department may require the applicant to submit additional information after determining that the plan of operation is complete if the department establishes that the plan of operation is insufficient without the additional information.

(5)   Review times. The department may not approve or disapprove a plan of operation until after the applicant obtains a favorable determination of feasibility for the landfill. The department shall either approve or disapprove the plan in writing within 90 days after submission of a complete plan of operation or within 60 days after a favorable determination of feasibility, whichever is later.

(6)   Plan approval modifications. Except as provided under s. NR 514.09 , proposed changes to the approved plan shall be submitted to and approved by the department prior to implementation.

Cr. Register, January, 1988, No. 385 , eff. 2-6-88; am. Register, June, 1996, No. 486 , eff. 7-1-96; renum. (3) to (5) to be (4) to (6), cr. (3), Register, September, 1998, No. 513 , eff. 10-1-98.

Note

If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s. 289.34 (3) , Stats., to assure that compliance is achieved. Microsoft Windows NT 6.1.7601 Service Pack 1