Wisconsin Administrative Code
Department of Natural Resources
NR 500-599 - Environmental Protection - Solid Waste Management
Chapter NR 516 - Landfill Construction Documentation
Section NR 516.09 - Expedited construction documentation approval
Universal Citation: WI Admin Code ยง NR 516.09
Current through August 26, 2024
(1) APPLICABILITY.
(a) If requested by the owner or operator,
this section applies to all proposals for approval of construction
documentation, 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. Constructions to which this section applies
include, but are not limited to the following:
1. Features located outside the limits of
waste that do not provide primary or secondary containment for leachate or
landfill gas.
2. Weigh stations,
buildings or roads located outside the limits of waste, including building
areas used to tip and inspect incoming waste loads.
3. Features that are temporary and will be
removed within 2 years, including intermediate cover.
4. Leachate or gas well installation, or
leachate recirculation systems.
5.
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.
6.
Portions of the final capping system that would not result in a reduced amount
of financial assurance.
7. Except
as provided under par. (b), other features determined by the department to pose
low potential risk of adverse impacts on public health or the environment in
the event of improper construction or failure of the constructed
feature.
(b) This
section does not apply to approval of construction of any of the following:
1. Liners, leachate collection pipes within
the landfill or any other component that would require removal of waste to
complete future reconstruction of the component, because this is not considered
low risk.
2. Any component for
which improper construction or failure of the component could result in
leachate being released outside the limits of waste fill, because this is not
considered low risk, except that approval of construction documentation for the
repair of existing components may be submitted under this section.
3. Any portion of the final capping system
that would result in a reduced amount of financial assurance.
4. Any component or feature that would result
in a violation of the approved plan of operation.
(2) PROCEDURE. A construction documentation report is deemed approved if all of the following occur:
(a) The owner or operator submits a written
proposal to the department which describes the construction that has been
completed. 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) the construction
falls under and a statement requesting review of the construction documentation
under the expedited process outlined in this section.
2. A brief description of the
proposal.
(b) Either the
department does not object to the construction documentation 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 construction documentation submitted under sub. (1)(a) 7. to pose a
low potential risk of adverse impacts on public health or the environment in
the event of improper construction or failure of the feature shall be
considered to be an objection, and therefore subject to the dispute resolution
process of sub. (3).
(c) The
department's technical review time does not exceed 8 hours to determine whether
the proposal is low risk and complete any other tasks necessary to review the
request.
(d) The appropriate review
fee is paid in accordance with ch. NR 520, Table 3.
(e) All of the following also occur:
1. The construction was completed in a manner
consistent with the approved plan of operation, including all construction
quality assurance measures.
2. The
submittal includes all construction documentation specified by the plan of
operation approval, including applicable rules in chs.
NR 500 and
516, and specifications provided
in the plan of operation report as approved by the department.
3. The applicant properly notified the
department of the construction of any features for which a construction
inspection is specified by plan approval condition, and for any inspections
completed by the department, the appropriate construction inspection fee is
paid in accordance with ch. NR 520, Table 3.
(3) DISPUTE RESOLUTION.
(a) If the department objects to an expedited
construction documentation approval under sub. (2), the following procedures
apply:
1. Within 20 days after the department
objects to the construction documentation, 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 construction
documentation.
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 construction documentation.
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 construction
documentation 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.
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