Wisconsin Administrative Code
Department of Natural Resources
NR 500-599 - Environmental Protection - Solid Waste Management
Chapter NR 514 - Plan Of Operation And Closure Plans For Landfills
Section NR 514.09 - Expedited plan modifications
Universal Citation: WI Admin Code ยง NR 514.09
Current through August 26, 2024
(1) APPLICABILITY.
(a) If an expedited plan modification is
requested by an owner or operator, this section applies to all proposals that
can be determined by the department to be low risk to modify provisions in
approved plans of operation, except those identified in par. (b), that would
not result in a violation of a statute or administrative rule, and would not
require issuance of an exemption by the department. Modifications to which this
section applies include, but are not limited to the following:
1. Revisions to surface water control
systems.
2. Use of an alternate
borrow source, other than for landfill liner material, following the
department's performance of an initial site inspection of the borrow
source.
3. Soil daily
cover.
4. Use of foundry sand,
bottom ash or papermill sludge for alternate daily cover material. Also, if
soil daily cover will be placed at the end of each operating week, use of
tarps, geotextiles, spray-on foams and similar alternate daily cover
materials.
5. Access roads within a
landfill.
6. Waste filling or
closure sequence, if the unclosed area of the landfill would not be increased
at any point in the landfill's remaining operational life relative to the
existing approved plan.
7. Minor
changes in design and material substitutions for gas extraction systems or
leachate head wells, that do not include changes to the gas flare design, and
do not include a reduced number of gas extraction wells or leachate head wells
within a particular phase of the landfill. Also, replacement of damaged or
nonfunctional features of gas extraction systems or leachate head wells that do
not involve significant changes in design, location or materials of
construction.
8. Installation,
abandonment or sampling of groundwater, gas or leachate monitoring devices not
required in the existing approved plan.
9. Environmental sampling methods.
10. Except as provided under par. (b), other
modifications determined by the department to pose low potential risk of
adverse impacts on public health or the environment.
Note: No approvals are necessary when a landfill owner initiates a contaminant investigation or assessment monitoring according to chs. NR 507 and 508. However, if an alternate assessment plan is proposed under s. NR 508.05 (2), the landfill owner must request an approval under that section.
(b) This
section does not apply to proposals to modify approved plans of operation that
would result in any of the following:
1.
Enlargement, relocation or expansion of a landfill.
2. A change in the design or construction of
landfill liners, final cover or leachate collection, transfer, recirculation or
storage systems.
3. Termination of
groundwater monitoring at any landfill.
4. Reduction of groundwater monitoring at any
landfill to less than the minimum required in chs. NR 503 and 507, according to
the type of landfill and wastes disposed.
5. Reduction of groundwater monitoring at
facilities that have written approval for groundwater monitoring less than the
minimum required in chs. NR 503 and 507.
6. The need for an additional regulatory
permit or review under legal authority other than chs. NR 500 to 538.
8. Violation of an existing written condition
contained in a department approval document, except if the applicant provides a
list of each condition in the cover letter and the applicant is also requesting
to modify these conditions.
9.
Expenditure of department technical review time in excess of 8 hours to
determine whether the proposal is low risk and complete any other tasks
necessary to review the request.
(2) PROCEDURE. A proposal to modify an approved plan of operation is deemed approved under s. 289.30(6), Stats., if all of the following occur:
(a) The
owner or operator submits a written proposal to the department which describes
the proposed plan modification. With the proposal, the owner or operator shall
submit a cover letter that includes all of the following:
1. Identification of the applicable
subdivision of sub. (1) (a) under which the proposal falls and a statement
requesting review of the proposal under the expedited process outlined in this
section.
2. A brief description of
the proposal.
(b) Either
the department does not object to the proposed modification within 30 days
after receipt of the notice under par. (a), or the department withdraws its
objection to the proposal. Notification by the department that it does not
consider a proposed plan modification submitted under sub. (1) (a) 10. to pose
a low potential risk of adverse impacts on public health or the environment
shall be considered to be an objection, and therefore, subject to the dispute
resolution process of sub. (3).
(c)
The department determines the proposal is low risk including, but not limited
to the following criteria: improper design of the component or feature being
modified could not result in leachate being released outside the limits of
waste fill and would not require removal of waste to complete future
replacement or repair of the component.
(d) The appropriate expedited plan
modification review fee is paid in accordance with ch. NR 520, Table
3.
(3) DISPUTE RESOLUTION.
(a) If the department objects to
a proposed modification under sub. (2), the following procedures shall apply:
1. Within 20 days after the department
objects to the proposed modification, the owner or operator may file a request
with the secretary of the department for a conference to discuss the
reasonableness of the department's objection to the proposed
modification.
2. The secretary may
designate appropriate department personnel to confer with the owner or operator
regarding the reasonableness of the objection. The designated department
personnel shall include supervisory personnel who did not participate in the
objection to the proposed modification.
3. The department personnel designated by the
secretary shall make arrangements to confer with the owner or operator at the
earliest practical time. The department shall promptly notify the owner or
operator in writing whether or not the objection to the proposed modification
will be withdrawn.
(b)
This section does not affect in any manner any other provision of law
authorizing administrative or judicial review of a department objection under
this section.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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