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NR 185.05 NR 185.05Procedures.
NR 185.05(1)(1)Plan format. All solid waste management plans shall be developed and written according to the planning criteria outlined in s. NR 185.07.
NR 185.05(2) (2)Preliminary submittal. Entities shall make a preliminary submittal to the department to include 3 draft copies of the material required in s. NR 185.07 (1), (2), (3), (4) and (5) prior to completion of the remaining portions of s. NR 185.07. The department shall review and comment on the submittal within 90 days of receipt.
NR 185.05(3) (3)Final review. An entity seeking final department review and approval of a plan shall submit a total of 4 copies of the following package to the department and one copy to the appropriate regional planning commission or other planning agency for their comment as to whether the plan is in conflict with any plans adopted by the agency.
NR 185.05(3)(a) (a) A letter requesting department review and approval of the plan under s. 289.05 (2), Stats.
NR 185.05(3)(b) (b) Copy of a resolution indicating formal adoption of the plan by the entity and an intent to implement the plan.
NR 185.05(3)(c) (c) Loose-leaf ring binder copy of plan prepared pursuant to s. NR 185.07. The copy shall be legible and written in a style so as to be easily readable and understandable.
NR 185.05(4) (4)Approval. Within 90 days after submittal, the department shall approve or disapprove the plan. The department may issue written plan approvals that are subject to completion of conditions. If the department finds that portions of a plan are inaccurate, incomplete, or inconsistent with the requirements or intent of this chapter, it may disapprove the plan, stating the reasons for disapproval.
NR 185.05 History History: Cr. Register, February, 1979, No. 278, eff. 3-1-79; correction in (3) (a) made under 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.
NR 185.06 NR 185.06Information, education and public participation.
NR 185.06(1)(1)From the beginning and throughout the planning process, the entity shall execute a comprehensive information, education, and public participation program for all persons potentially affected by the plan. The program shall be developed at the beginning of the planning process, with a written summary of the program to be kept on file for public review.
NR 185.06(2) (2)The objectives of this program shall be to keep the persons potentially affected by the plan fully informed, to maintain openness, and to provide a forum for informed input into the planning process.
NR 185.06(3) (3)The program shall include formally announced informational meetings, hearings, conferences and public workshops held at places accessible by potentially affected persons. The program may also include:
NR 185.06(3)(a) (a) Publications and handouts.
NR 185.06(3)(b) (b) Visual displays and presentations.
NR 185.06(3)(c) (c) News releases and/or announcements to the professional media.
NR 185.06(3)(d) (d) Advisory groups developed to guide preparation of the plan, stimulate interest in solid waste issues and help the planning organization and any other entities implement the plan. Membership of any advisory group shall include a representative cross-section of persons in the planning area.
NR 185.06(3)(e) (e) Other activities as deemed necessary.
NR 185.06 History History: Cr. Register, February, 1979, No. 278, eff. 3-1-79.
NR 185.07 NR 185.07Planning criteria. Plans being submitted for final approval shall include, at a minimum, all of the following information in the order presented below:
NR 185.07(1) (1)Introduction. An introduction to the plan including a narrative addressing the following subjects individually shall be provided:
NR 185.07(1)(a) (a) General solid waste management history in the planning area.
NR 185.07(1)(b) (b) A brief discussion of solid waste management in general, including the planning process outlined in this section, generation, source reduction, source separation, storage, collection, transportation, processing, treatment, resource recovery and disposal.
NR 185.07(1)(c) (c) The purpose and scope of the plan.
NR 185.07(1)(d) (d) A discussion of the planning period. The planning period shall extend at least 10 years from the projected plan approval date.
NR 185.07(1)(e) (e) A list and discussion of specific plan objectives.
NR 185.07(2) (2)Inventory and analysis section. This section shall be an inventory and analysis of subjects relating to solid waste management for the planning area. It shall include a summary of the contents of available state of the art literature, studies, surveys and other pertinent data. A list of agencies that may be sources of information and/or technical assistance for the inventory and analysis segment is available from the department upon request. This section shall contain maps, narratives, diagrams, cross-sections, charts, pictures, drawings, displays and graphs as appropriate. Unless otherwise specified, where data is unavailable and where the entity demonstrates that it is impractical to generate data for the purposes of this plan, reasonable estimates, projections or assumptions shall be made and noted. The basis for any estimates, projections or assumptions shall be referenced in the text and included in the appendix. It shall be made clear what information is already available and what information was generated for the purposes of this plan. The following materials shall be included or addressed in the inventory and analysis section:
NR 185.07(2)(a) (a) A map showing location and extent of the planning area and entity relative to state, county, regional planning commission and Wisconsin solid waste recycling authority boundaries.
NR 185.07(2)(b) (b) A detailed map of the planning area and surroundings showing area boundaries, all governmental boundaries, roads, surface water bodies, and other important geographical details.
NR 185.07(2)(c) (c) A map and narrative indicating road and bridge types and weight limits in the planning area.
NR 185.07(2)(d) (d) Maps, narratives and other appropriate materials addressing the following items as they relate to solid waste management in the planning area:
NR 185.07(2)(d)1. 1. Geography, soils, geology, hydrogeology.
NR 185.07(2)(d)2. 2. Surface water and ground water resources.
NR 185.07(2)(d)3. 3. Climatic characteristics.
NR 185.07(2)(d)4. 4. Environmentally sensitive areas.
NR 185.07(2)(d)5. 5. Archaeological and historical areas.
NR 185.07(2)(d)6. 6. Present solid waste management facilities.
NR 185.07(2)(d)7. 7. Airports.
NR 185.07(2)(d)8. 8. Land use and zoning in planning area.
NR 185.07(2)(d)9. 9. Other unique or special elements of the planning area or entity.
NR 185.07(2)(e) (e) Population in the planning area. Growth projections as well as seasonal or other anticipated fluctuations shall be addressed as they relate to waste generation for the planning period.
NR 185.07(2)(f) (f) A detailed inventory of solid waste types, quantities and sources to be served by the plan during the planning period. All industrial, commercial, municipal and agricultural solid wastes generated or handled in the planning area shall be included in this inventory. Known or potential changes in waste generation that may affect waste quantity, quality or sources shall be discussed in detail. Field surveys or data from solid waste management generators and facilities in the planning area may be used to confirm any waste information generated through office studies. These field surveys shall be discussed in the plan.
NR 185.07(2)(g) (g) A detailed analysis and inventory of current solid waste management functions to address the following items for each function:
NR 185.07(2)(g)1. 1. Waste types, quantities, sources, and variability.
NR 185.07(2)(g)2. 2. Physical layouts and capacities.
NR 185.07(2)(g)3. 3. Age, condition, and limitations.
NR 185.07(2)(g)4. 4. Operational frequencies, methods, procedures, and service areas.
NR 185.07(2)(g)5. 5. Capital, operational and maintenance costs.
NR 185.07(2)(g)6. 6. Ownership and operating responsibilities.
NR 185.07(2)(g)7. 7. Existing contracts and their expiration dates.
NR 185.07(2)(g)8. 8. Markets for systems with resource recovery.
NR 185.07(2)(h) (h) A comprehensive discussion of compliance with local, state and federal solid waste regulations and plans by existing solid waste management functions and facilities in the planning area.
NR 185.07(2)(i) (i) An inventory of personnel and equipment that will be available for plan implementation and periodic review in the following areas of expertise:
NR 185.07(2)(i)1. 1. Engineering and hydrogeology.
NR 185.07(2)(i)2. 2. Administration.
NR 185.07(2)(i)3. 3. Operation.
NR 185.07(2)(i)4. 4. Maintenance.
NR 185.07(2)(i)5. 5. Legal arrangements.
NR 185.07(2)(i)6. 6. Training.
NR 185.07(2)(i)7. 7. Monitoring and record keeping.
NR 185.07(2)(i)8. 8. Plan review and updating.
NR 185.07(3) (3)Probable solid waste land disposal locations. A list and map of probable locations for solid waste land disposal facilities shall be developed for inclusion in the plan. Locations shall be evaluated from the standpoints of engineering, environmental acceptability, and regulations. Special emphasis shall be given to locations that satisfy present and future needs extending through the entire planning period. Locations shall not be placed on the list unless each satisfies the following minimum requirements:
NR 185.07(3)(a) (a) Preliminary locational acceptability — Locations shall receive written preliminary locational acceptability from the department through the following process:
NR 185.07(3)(a)1. 1. The entity shall identify all existing literature and data for the planning area relative to soils, ground water, topography, geology, hydrogeology, surface water resources and environmentally sensitive areas.
NR 185.07(3)(a)2. 2. The entity shall prepare a written report to address the following items:
NR 185.07(3)(a)2.a. a. An analysis and summary of the above literature and its relation to solid waste land disposal locations in the planning area.
NR 185.07(3)(a)2.b. b. A map and list of probable land disposal site locations based on the analysis in subd. 2. a. and locational requirements for land disposal facilities specified in chs. NR 500 to 555, or the administrative codes promulgated in response to chapter 377, laws of 1977.
NR 185.07 Note Note: See chs. NR 500 to 555 and 660 to 679.
NR 185.07(3)(a)3. 3. The report shall be submitted to the department for review and written response for the individual locations. The response shall indicate which locations meet preliminary locational acceptability. The department will confirm or deny preliminary locational acceptability in writing within 30 days, giving the basis therefor. More specific information in addition to that listed above may be required by the department before it makes its written determination.
NR 185.07(3)(b) (b) Archeological and historical acceptability. A letter from the state historical preservation officer concerning the possibility of the site being an archeological or historical landmark or area.
NR 185.07(4) (4)Inventory and general evaluation of solid waste management alternatives.
NR 185.07(4)(a) (a) After evaluation of separate functions from the standpoints of technological and economic feasibility, several solid waste management alternatives that appear feasible shall be developed for detailed evaluation. The alternatives developed shall include:
NR 185.07(4)(a)1. 1. The existing solid waste management system including all existing functions (regardless of state of compliance with present solid waste regulations).
NR 185.07(4)(a)2. 2. The existing solid waste management system including all existing functions brought up to compliance with all solid waste regulations.
NR 185.07(4)(a)3. 3. A system containing the following functions: storage, collection, transportation, disposal at only one landfill.
NR 185.07(4)(a)4. 4. Same as subd. 3. but also including substantial resource recovery.
NR 185.07(4)(a)5. 5. A system containing the following functions: storage, collection, transportation, disposal at 2 or more landfills.
NR 185.07(4)(a)6. 6. Same as subd. 5. but including substantial resource recovery.
NR 185.07(4)(a)7. 7. Other alternatives as perceived necessary.
NR 185.07 Note Note: Alternatives 2-7 shall be in compliance with all solid waste regulations.
NR 185.07(5) (5)Inventory and general evaluation of implementation methods. An inventory, comparison, and general evaluation of several implementation methods for identified solid waste management alternatives shall be made from the following standpoints:
NR 185.07(5)(a) (a) Organizational and legal mechanisms.
NR 185.07(5)(b) (b) Financial mechanisms.
NR 185.07(5)(c) (c) Staffing.
NR 185.07(5)(d) (d) Operational management.
NR 185.07(6) (6)Detailed evaluation and preliminary selection of solid waste management alternative. This section shall be divided into the following 2 parts:
NR 185.07(6)(a) (a) Solid waste management alternative evaluation. A detailed evaluation shall be made of the solid waste management alternatives developed in sub. (4) from the standpoints of economics, technical feasibility, public and social acceptance, compliance with local, state and federal laws and regulations and practicability.
NR 185.07(6)(b) (b) Preliminary selection of solid waste management alternative. Based on the detailed evaluation, preliminary conclusions and recommendations shall be made as to the relative ranking of each solid waste management alternative from an acceptability standpoint. The ranking methodology shall be outlined. One tentative solid waste management alternative shall be selected for potential implementation and the reasons for selection shall be indicated.
NR 185.07(7) (7)Detailed evaluation and preliminary selection of implementation methods. A detailed evaluation of the implementation methods developed in sub. (5) shall be made and preliminary conclusions, recommendations and selections shall be made of the implementation methods for the solid waste management alternative selected in sub. (6) shall be made.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.