Section 503.04. Locational criteria and performance standards.

 

(1)   General. An applicant for an approval of a new landfill or approval of an expansion of an existing landfill regulated under this chapter shall demonstrate to the department that the proposed landfill will comply with all of the applicable locational criteria of this section for which no exemption has been granted. Exemptions to sub. (2) (a) , (b) , (d) , (e) , (f) and (g) may be granted only upon demonstration by the applicant of circumstances which warrant an exemption. An exemption from compliance with sub. (2) (c) may not be granted.

(2)   L OCATIONAL CRITERIA. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter where waste handling and disposal activities occur within the following areas:

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

(b) Within 300 feet of any navigable river or stream.

(c) Within a floodplain.

(d) Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal-aid primary highway or the boundary of any public park or state natural area under ss. 23.27 (1) and 23.28 (1) , Stats., unless the landfill is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or state natural area.

(e) Within 10,000 feet of any airport runway end designed for or planned to be designed for and used by turbojet aircraft or within 5,000 feet of any airport runway end designed for and used only by piston type aircraft or within other areas where a substantial bird hazard to aircraft would be created. This criterion is applicable only when the landfill will be used for handling putrescible waste outside of an enclosed building.

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

(g) Within 100 feet of the landfill property boundary.

(3)   P ERFORMANCE STANDARDS. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter within an area where there is a reasonable probability that the landfill will cause:

(a) A significant adverse impact on wetlands as provided in ch. NR 103 .

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

(c) A detrimental effect on any surface water.

(d) A detrimental effect on groundwater quality or an effect resulting in or exacerbating attainment or exceedance of any preventive 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) .

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

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

History: Cr. Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (2) (d) and (3) (b) 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