Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 718 - Management of solid wastes excavated during response actions
Section NR 718.15 - Management of other solid wastes

If solid waste which contains waste other than contaminated soil is replaced at the site or facility from which it was excavated, as part of a response action conducted in compliance with all of the applicable requirements in chs. NR 700 to 754, and the department has granted prior written approval for the action, the replacement of that solid waste on the site or facility from which it was excavated is exempt from the requirements of ch. 289, Stats., and chs. NR 500 to 538.

Section NR 506.085 prohibits the following activities at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing: 1) use of the waste disposal area for agricultural purposes, 2) establishment or construction of any buildings over the waste disposal area, and 3) excavation of the final cover or any waste materials. The department has developed detailed guidance to address the issue associated with building on historic fill sites and licensed landfills. This information can be found at: http://dnr.wi.gov/topic/Landfills/development.html.