Chapter NR 500

NR 500.05(3) (3) Paper and electronic copies. Unless otherwise specified, 4 paper copies and one electronic copy of the plan or report prepared pursuant to the appropriate section of chs. NR 500 to 538, and an additional electronic copy of any plan sheets or drawings submitted as a part of the plan or report. Three paper copies shall be submitted to the department’s field office responsible for the area in which the facility is located and one paper copy, one electronic copy, and the additional electronic copy of associated plans or drawings shall be submitted to the bureau of waste management in Madison unless otherwise specified by the department. The complete electronic copy of the report and the separate electronic copy of any plan sheets or drawings shall be provided in formats and on media acceptable to the department.

NR 500.05(4) (4) Certification.

NR 500.05(4)(a) (a) The reports and plan sheets shall be under the seal of a licensed professional engineer. In addition, the following certification shall be included:

“I, __________________________, hereby certify that I am a licensed professional engineer in the State of Wisconsin in accordance with the requirements of ch. A-E 4, Wis. Adm. Code; that this document has been prepared in accordance with the Rules of Professional Conduct in ch. A-E 8, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs. NR 500 to 538, Wis. Adm. Code.”

NR 500.05(4)(b) (b) Initial site reports, feasibility reports, plans of operation, site investigation, remedial action options reports and any other reports where interpretation of geology or hydrogeology is necessary shall be under the seal of a licensed professional geologist. In addition, the following certification shall be included:

“I, __________________, hereby certify that I am a licensed professional geologist in the State of Wisconsin in accordance with the requirements of ch. GHSS 2, Wis. Adm. Code; that the preparation of this document has not involved any unprofessional conduct as detailed in ch. GHSS 5, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs. NR 500 to 538, Wis. Adm. Code.”

NR 500.05(5) (5) Technical procedures. All technical procedures used to investigate a solid waste facility shall be the current standard procedures as specified by ASTM International, United States geological survey, USEPA’s standard methods for the examination of water and wastewater, or other equivalent or appropriate methods approved by the department. Test procedures used shall be specified. Any deviation from a standard method shall be explained in detail with reasons provided.

NR 500.05(6) (6) Visuals. Maps, figures, photographs and tables to clarify information or conclusions. The visuals shall be legible. All paper copies of maps, plan sheets, drawings, isometrics, cross-sections and aerial photographs shall meet the following requirements:

NR 500.05(6)(a) (a) No larger than 32 inches by 44 inches and no smaller than 8 1/2 inches by 11 inches.

NR 500.05(6)(b) (b) Be of appropriate scale to show all required details in sufficient clarity.

NR 500.05(6)(c) (c) Be numbered, referenced in the narrative, titled, have a legend of all symbols used, contain horizontal and vertical scales, where applicable, and specify drafting or origination dates.

NR 500.05(6)(d) (d) Use uniform scales.

NR 500.05(6)(e) (e) Contain a north arrow.

NR 500.05(6)(f) (f) Use mean sea level as the basis for all elevations.

NR 500.05(6)(g) (g) Contain a survey grid based on monuments established in the field which utilizes a coordinate system and datum acceptable to the department. Examples of acceptable coordinate systems include state plane, Universal Transverse Mercator, and Wisconsin Transverse Mercator.

NR 500.05(6)(h) (h) Show original topography and the grid system on plan sheets showing construction, operation or closure topography. For complex plans, existing conditions within the landfill area may be shown by lighter lines or may be eliminated.

NR 500.05(6)(i) (i) Show survey grid location and reference major plan sheets on all cross-sections. A reduced diagram of a cross-section location plan view map shall be included on the sheets with the cross-sections.

NR 500.05(7) (7) Table of contents. A table of contents listing all sections of the submittal.

NR 500.05(8) (8) Appendix. An appendix listing names of all references, all raw data, testing and sampling procedures and calculations.

NR 500.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1), (3), (4) and (6) (h), Register, June, 1996, No. 486, eff. 7-1-96; am. (3) and (4), Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (3), (4), (5), (6) (intro.), (a), (f) and (g) Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. (intro.) Register July 2022 No. 799, eff. 8-1-22.

NR 500.06 NR 500.06 License applications. Unless otherwise specified, no person may operate or maintain a solid waste facility without a license from the department. A submittal for initial licensing or relicensing of any solid waste facility shall include:

NR 500.06(1) (1) License fee. The appropriate fee as specified in s. NR 520.04 in check or money order payable to the department. Except as provided in s. NR 500.065, license fees are not transferable, proratable or refundable.

NR 500.06(2) (2) Application form. A completed copy of the appropriate application form.

NR 500.06(3) (3) Financial responsibility. For all land disposal facilities with plans of operation approved under s. 289.30, Stats., proof of financial responsibility as specified in s. NR 520.05.

NR 500.06(4) (4) Affidavit of facility registry. Submittal on form 4400-067 that proof that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located. Owners of landfills applying for relicensure need only submit this form if the legal description of the landfill has changed from that identified on a previously submitted form 4400-067.

NR 500.06 Note Note: This form may be obtained from the Department of Natural Resources, Bureau of Waste Management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail].

NR 500.06(5) (5) Noncompliance with plans or orders. A submittal for initial licensing of a new or expanded solid waste disposal facility shall contain the following information:

NR 500.06(5)(a) (a) Identification of all persons owning a 10% or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant.

NR 500.06(5)(b) (b) Identification of all other Wisconsin solid or hazardous waste facilities for which the applicant or any person identified in par. (a), is named in, or subject to an order or plan approval issued by the department.

NR 500.06(5)(c) (c) Identification of all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or person identified in par. (a) owns or previously owned a 10% or greater legal or equitable interest or a 10% or greater interest in the assets.

NR 500.06(5)(d) (d) A statement indicating whether or not all plan approvals and orders relating to all facilities identified in pars. (b) and (c) are being complied with.

NR 500.06 Note Note: If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s. 289.34 (3), Stats., to assure that compliance is achieved.

NR 500.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) and cr. (5), Register, September, 1998, No. 513, eff. 10-1-98; CR 05-020: am. (4) Register January 2006 No. 601, eff. 2-1-06.

NR 500.065 NR 500.065 License issuance.

NR 500.065(1) (1) Initial applications. The department shall make a determination on an initial application for a solid waste facility license within 65 business days of receipt of all of the information specified in s. NR 500.06. If a determination is not made on the application within 65 business days, the department shall refund the license application fee paid by the applicant.

NR 500.065(2) (2) Renewals. The department shall make a determination on a license renewal application for a solid waste facility license within 65 business days of receipt of all of the information specified in s. NR 500.06, or by the end of the current license period, whichever occurs later. If a determination is not made within these time constraints, the department shall refund the license renewal application fee paid by the applicant.

NR 500.065 History History: Cr. Register, September, 1998, No. 513, eff. 10-1-98.

NR 500.07 NR 500.07 Review times. Except as otherwise provided in chs. NR 500 to 538, the department shall review and approve, deny or deem incomplete requests for plan approvals or exemptions within 65 business days after receiving the request. For the purposes of determining department compliance with review times specified in chs. NR 500 to 538 and ch. 289, Stats., the review time starts when the appropriate copies and review fee are received.

NR 500.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96; am., Register, December, 1997, No. 504, eff. 1-1-98.

NR 500.08 NR 500.08 Exemptions.

NR 500.08(1) (1) General. The following facilities are exempt from all requirements of chs. NR 500 to 538:

NR 500.08(1)(a) (a) Facilities used for the disposal of solid waste from a single family or household on the property where it is generated.

NR 500.08(1)(b) (b) Riprapping projects using inert solid waste materials approved by the department under s. 30.12, Stats., or in submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.

NR 500.08(2) (2) Other facilities. The following facilities shall be established in conformance with the locational requirements of s. NR 504.04 (3) (c) and (4) (a) to (f) and shall be operated and maintained in a nuisance-free and aesthetic manner but are exempt from licensing and the requirements of chs. NR 500 to 538:

NR 500.08(2)(a) (a) Facilities where only clean soil, brick, building stone, concrete or reinforced concrete not painted with lead-based paint, broken pavement, and wood not treated or painted with preservatives or lead-based paint are disposed.

NR 500.08(2)(b) (b) Facilities for the exclusive disposal of spoils from sand, gravel or stone and crushed stone quarry operations and similar nonmetallic earth materials.

NR 500.08(2)(c) (c) Facilities for the disposal of wood residue from a saw mill, debarker or equivalent industry which produces less than 5,000 board feet of lumber per year or equivalent and the total disposal facility volume is less than 500 cubic yards of wood residue.

NR 500.08(2)(d) (d) Facilities where railroad ties or utility poles are used as structural timbers for landscaping purposes in accordance with generally accepted practices.

NR 500.08(2)(e) (e) Facilities where untreated, unpainted wood wastes including wood chips, bark, and sawdust are handled and stored properly and used for landscaping or trail surface course purposes in accordance with generally accepted practices.

NR 500.08(2)(f) (f) Facilities where glass is processed or used as an aggregate replacement in asphalt pavement and subbase material under roadways subject to the following:

NR 500.08(2)(f)1. 1. Glass may not be used in areas where the glass will be exposed and may pose a safety threat or in areas that will be frequently disturbed.

NR 500.08(2)(f)2. 2. The amount of contaminants present with the glass such as labels, caps and metal rings shall be minimized to the extent necessary to prevent interference with the performance of the asphalt or roadbed aggregate. Asphalt and roadbed aggregate containing glass shall be designed and used in accordance with generally accepted engineering practice. The glass shall have sufficient properties to perform the function of the aggregates it replaces. The use of glass particles greater than 1/2 inch in size requires written department approval.

NR 500.08(2)(f)3. 3. Glass shall be collected and stored in a nuisance free manner. Glass stockpiles shall have controlled access to prevent the general public from coming in contact with the glass piles. The number of stockpiles shall be kept to a minimum and may not be spread over a large area. Stockpiles shall be placed on a hard, all weather surface such as asphalt or concrete.

NR 500.08(3) (3) Dredged material exemptions. The following facilities are exempt from the licensing and plan review requirements of chs. NR 500 to 538 but shall be developed in accordance with the following requirements:

NR 500.08(3)(a) (a) Except as provided under s. NR 500.08 (3m), facilities for the disposal of nonhazardous dredged material consisting of less than 3000 cubic yards from Lake Michigan, Lake Superior, the Wisconsin river, the Sheboygan river, the Milwaukee river, the Brule and Menominee rivers, the Fox river, the Mississippi river, or from any inland lakes or ponds treated with arsenicals provided the facility complies with the performance standards specified in s. NR 504.04 (4).

NR 500.08(3)(b) (b) Facilities for the disposal of non-hazardous dredged material from rivers not listed in par. (a) provided the facility complies with the performance standards specified in s. NR 504.04 (4).

NR 500.08(3)(c) (c) Facilities for the disposal of nonhazardous dredged material from inland lakes or ponds that have not been treated with arsenicals provided the facility complies with the performance standards specified in s. NR 504.04 (4).

NR 500.08(3m) (3m) Exemption for material dredged from the Great Lakes. A facility for the exclusive disposal of material dredged by a municipality or county or a contractor for a municipality or county from Lake Michigan, Lake Superior, or bays or harbors adjacent to Lake Michigan or Lake Superior is exempt from the licensing and plan review requirements under chs. NR 500 to 538, except for appropriate fees under ch. NR 520, Table 3, if established and operated in accordance with all of the following requirements:

NR 500.08(3m)(a) (a) The department determines that the dredging and disposal will have a demonstrable economic public benefit, as defined under s. 281.36 (1) (am), Stats.

NR 500.08(3m)(b) (b) The department determines that the cumulative adverse environmental impact of the dredging and disposal is insignificant and will not injure public rights or interests, cause environmental pollution, as defined under s. 299.01 (4), Stats., or result in material injury to the rights of any riparian owner. To make this determination, the disposal facility shall comply with the performance standards under s. NR 504.04 (4) and may not accept hazardous waste, contaminated sediment from a site regulated under chs. NR 700 to 758, or sediment with polychlorinated biphenyls regulated under 40 CFR 761.

NR 500.08(3m)(c) (c) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility is located at least 100 feet from any wetland or critical habitat area and is outside a floodplain. Beach nourishment may only be conducted above the ordinary high water mark on a public beach that has already been noticeably disturbed by human activities such as the construction of a parking lot, public swimming area, or other improvement and that has no unique ecological value.

NR 500.08(3m)(d) (d) The disposal facility is located at least 100 feet from any water supply well.

NR 500.08(3m)(e) (e) The owner of the disposal facility accepts dredged material for not more than 10 years or in an amount not to exceed 35,000 cubic yards, whichever occurs first, in accordance with all of the following:

NR 500.08(3m)(e)1. 1. The start of the 10-year maximum active period of the disposal facility begins upon initial disposal of dredged material onsite.

NR 500.08(3m)(e)2. 2. The owner of the disposal facility shall submit the dates of initial and all subsequent disposal of dredged material in the disposal facility, sample analytical data collected for each source location under par. (n), and the volume of dredged material during each disposal event to the department within 30 days of each disposal event.

NR 500.08(3m)(e)3. 3. The owner of the disposal facility shall submit a new application prior to any changes in facility location, boundaries, or design, or changes in the intended use of the dredged material.

NR 500.08(3m)(e)4. 4. There is not a material adverse change in the contamination of the dredged material that would be disposed of at the facility and there is not a material change in the intended use of the dredged material.

NR 500.08(3m)(f) (f) The owner of the disposal facility shall confine the disposal area to as limited a geographic area as is practicable and maintain a minimum separation distance of 1,300 feet from any other disposal facility approved under this subsection.

NR 500.08(3m)(g) (g) The owner of the disposal facility shall maintain records of the description and volume of all material disposed of at the facility and dates of all disposal events. These records shall be maintained and made accessible to department staff upon request for 15 years after the initial disposal of dredged material in the facility.

NR 500.08(3m)(h) (h) The owner of the disposal facility shall determine the contaminant characteristics of the dredged material prior to disposal by conducting sampling and analysis as required under par. (n).

NR 500.08(3m)(i) (i) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the owner of the disposal facility shall maintain a minimum separation distance of 3 feet between the dredged material and the seasonal high groundwater table at the time of placement.

NR 500.08(3m)(j) (j) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material or unless the dredged material is used as fill underneath an impermeable structure or surface, the owner of the disposal facility shall place final cover over the waste within 90 days after the 10-year period under par. (e) or attainment of 35,000 cubic yards in volume, whichever is first, in accordance with all of the following:

NR 500.08(3m)(j)1. 1. The cover shall consist of a minimum of one foot of native soil that includes a minimum of 6 inches of topsoil to support vegetation. The proposed vegetation shall be appropriate for the type and quality of topsoil, be compatible with both native vegetation and the final use, and be capable of providing stability and preventing erosion of the cover soils and dredged material.

NR 500.08(3m)(j)2. 2. Final vegetated slopes may not be steeper than a 3:1 horizontal to vertical incline.

NR 500.08(3m)(k) (k) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility shall be operated and maintained to minimize dust, minimize off-site tracking of soil or dredged material, and manage storm water runoff as required under chs. NR 151 and 216. An interim cover capable of preventing erosion, windblown dust, and direct contact with the dredged material shall be placed over the dredged material in any areas that do not have final cover and are anticipated to be inactive for more than 90 days.

NR 500.08(3m)(L) (L) At least 60 days prior to beginning disposal under this exemption the municipality or county or the contractor for the municipality or county shall submit an application on a form provided by the department requesting an exemption under this section. At a minimum, the form shall include all of the following information:

NR 500.08(3m)(L)1. 1. Address or location by quarter – quarter section of the disposal site or sites.

NR 500.08(3m)(L)2. 2. Name, address, and contact information of the primary contacts including the proposed disposal facility owner and any consultants.

NR 500.08(3m)(L)3. 3. Name of the person accepting the dredged material.

NR 500.08(3m)(L)4. 4. Map or aerial image showing the disposal location or locations.

NR 500.08(3m)(L)5. 5. Coordinates for the center of the disposal location or locations.

NR 500.08(3m)(L)6. 6. Dates when dredged material is first to be received at the disposal location or locations.

NR 500.08(3m)(L)7. 7. Approximate total volume of material to be disposed, description of the dredged material, and description of source location.

NR 500.08(3m)(L)8. 8. Intended uses of the dredged material.

NR 500.08(3m)(L)9. 9. Documentation of all other local, state, or federal approvals received for the dredging and disposal.

NR 500.08(3m)(L)10. 10. The available laboratory analytical data for samples collected from the dredged material to determine environmental impact in accordance with par. (n).

NR 500.08(3m)(L)11. 11. An explanation of how each of the requirements in pars. (a) to (k) and (o) will be met.

NR 500.08(3m)(L)12. 12. Submittal of the appropriate fees under ch. NR 520, Table 3.

NR 500.08 Note Note: An application form for requesting an exemption under this section may be obtained from the Department of Natural Resources, Waste and Materials Management Program, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [e-mail].