Current through August 26, 2024
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 445.07.
(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 16 = 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.
Note: 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.
(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.
Note: 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.
(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.
Requirements for closure cost estimates for these
facilities are found under s. NR 520.07 (2m).
