Register March 2011 No. 663
Chapter NR 185
SOLID WASTE MANAGEMENT PLANNING CRITERIA
NR 185.06 Information, education and public participation. NR 185.07 Planning criteria. NR 185.08 Upgrading approved plans. NR 185.01NR 185.01 Purpose. Development of comprehensive plans for the establishment and maintenance of effective, efficient and environmentally acceptable areawide solid waste management systems is an essential part of solid waste management. The purpose of this chapter is to establish minimum solid waste management planning criteria pursuant to chapter 377, laws of 1977, consistent with the intent of the Resource Conservation and Recovery Act of 1976 (Public Law 94-580). NR 185.01 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79. NR 185.02NR 185.02 Applicability. This chapter governs the development of comprehensive solid waste management plans and their submittal to the department for approval. NR 185.02 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79. NR 185.03NR 185.03 Definitions. The following definitions are applicable to the terms used in this chapter: NR 185.03(1)(1) “Department” means department of natural resources. NR 185.03(2)(2) “Entity” means the person, governmental body, institution, industry or company for which the solid waste management plan is being prepared. NR 185.03(3)(3) “Environmentally sensitive areas” means those areas defined as environmentally sensitive in the federal criteria for classification of solid waste disposal facilities issued pursuant to the Resource Conservation and Recovery Act of 1976. These areas include but are not limited to wetlands, areas inundated by the regional flood, recharge zones of sole source aquifers, and critical habitats of endangered species. NR 185.03(4)(4) “Plan” means a plan prepared pursuant to s. NR 185.07 to provide for solid waste management. NR 185.03(5)(5) “Planning area” means the geographical area for which the plan is being prepared. NR 185.03(6)(6) “Planning period” means the period of time for which the studies and solid waste management plans are made. The planning period shall extend at least 10 years from the projected plan approval date. NR 185.03(8)(8) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded or salvageable material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, Stats., or source, special nuclear, or by-product material as defined under s. 254.31, Stats. NR 185.03 NoteNote: The definition of “solid waste” in s. 289.01 (33), Stats., was amended by 2017 Wis. Acts 284 and 285 to exclude “slag generated by the production or processing of iron or steel and that is managed as an item of value in a controlled manner and is not discarded,” and to exclude “post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility; that are held at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, to ensure that production is not interrupted; or that are held off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.” NR 185.03(9)(9) “Solid waste management” means the systematic administration of activities which provide for source reduction, source separation storage, collection, transportation, transfer, processing, treatment, resource recovery and disposal of solid waste. NR 185.03(10)(10) “Solid waste management functions” are source reduction, source separation, storage, collection, transportation, transfer, processing, treatment, resource recovery and disposal of solid waste. NR 185.03 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79; corrections in (8) made under 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526. 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)(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 HistoryHistory: 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 185.06NR 185.06 Information, 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)(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 HistoryHistory: Cr. Register, February, 1979, No. 278, eff. 3-1-79. NR 185.07NR 185.07 Planning 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)(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(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)(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)(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:
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