Current through August 26, 2024
(1) GENERAL. An
applicant submitting a landspreading plan shall demonstrate to the department
that the proposed facility will comply with all of the location and performance
standards of this section unless an exemption is granted.
(2) EXEMPTIONS. Exemptions from compliance
with subs. (3) (a) to (d) and (4) (a), (b), (e) and (f) may be granted only
upon demonstration by the applicant of circumstances which warrant such an
exemption. Exemptions from compliance with sub. (4) (c) will not be granted.
Exemptions from compliance with sub. (4) (d) may be granted only according to
the procedures set forth in ch. NR 140.
(3) LOCATION STANDARDS. No person may
establish, construct, operate, maintain or permit the use of property as a
landspreading facility within the following areas:
(a) Within 100 feet of any navigable body of
water.
(b) Within 10,000 feet of
any airport runway used or planned to be used by turbojet aircraft or within
5,000 feet of any airport runway used only by piston type aircraft or within
such other areas where a substantial potential bird hazard to aircraft would be
created. This criteria is only applicable where a facility is used for
disposing of putrescible waste.
(c)
Within 1,000 feet of public water supply wells or 200 feet of private water
supply wells.
(d) Within 500 feet
of any residence, unless written consent is obtained from the resident. This
distance may also be reduced for the residence of the property owner on whose
land solid waste is spread.
(4) PERFORMANCE STANDARDS. No person may
establish, construct, operate, maintain or permit the use of property as a
landspreading facility within an area where there is a reasonable probability
that the facility will cause:
(a) A
significant adverse impact on wetlands
(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 will cause or exacerbate an
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 structures 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.
(f) The
emission of any hazardous air contaminant exceeding the emission rate for that
contaminant listed in ch. NR 445 or the total application rate of volatile
organic compounds to exceed the limitation contained in s.
NR 419.07(4) (e).
