Current through August 26, 2024
(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) LOCATIONAL 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) PERFORMANCE 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 445.07.
Sections
NR
445.04 and 445.05 were repealed effective
8-1-08.
