Chapter NR 500

NR 500.03(252) (252) “U.W.-Extension” means the university of Wisconsin extension.

NR 500.03(253) (253) “Vegetable food residuals” means food residuals consisting of raw or cooked waste fruit and vegetable material from residences, food establishments such as cafeterias, restaurants, food wholesalers, food retailers and food processors, and includes compostable packaging, utensils, tableware, kitchenware, and containers that meet either the ASTM - D-6400 or the D-6868 standard.

NR 500.03 Note Note: Copies of ASTM standards D-6400 and D-6868 may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, [phone], www.astm.org. Copies of the standard are available for inspection at the offices of the department of natural resources and legislative reference bureau.

NR 500.03(253m) (253m) “Vermicomposting” means the controlled and managed process by which live worms convert organic matter into dark, fertile granular excrement.

NR 500.03(254) (254) “VOC” means volatile organic compounds.

NR 500.03(254g) (254g) “Washout” means the carrying away of solid waste by waters of a regional flood.

NR 500.03(254r) (254r) “Waste boundary” means a vertical surface located at the hydraulically downgradient limit of a CCR unit and extends down into the uppermost aquifer.

NR 500.03(255) (255) “Water table” means the upper surface of the saturated zone where the hydrostatic pressure is equal to atmospheric pressure.

NR 500.03(256) (256) “Well” means any drillhole or other excavation or opening constructed for the purpose of obtaining or monitoring groundwater.

NR 500.03(257) (257) “Well nest” means 2 or more wells installed within 10 feet of each other at the ground surface and constructed to varying depths.

NR 500.03(258) (258) “Wetlands” means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.

NR 500.03(259) (259) “WGNHS” means the Wisconsin geological and natural history survey.

NR 500.03(260) (260) “Woodburning facility” means a solid waste facility at which open burning of dry unpainted untreated wood, stumps, trees or other woody materials is performed. This term does not include air curtain destructors, incinerators, or municipal solid waste combustors.

NR 500.03(261) (261) “WPDES permit” means a Wisconsin pollution discharge elimination system permit issued by the department under ch. 283, Stats., for the discharge of pollutants.

NR 500.03(262) (262) “Yard residuals” means yard waste as defined in s. 287.01 (17), Stats., as well as incidental spoiled fruit and vegetables from noncommercial sources.

NR 500.03 Note Note: Section 287.01 (17), Stats., defines “yard waste” to mean “leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than 6 inches in diameter. This term does not include stumps, roots or shrubs with intact root balls”.

NR 500.03 Note Note: Chapter NR 40 governs the identification, classification and control of invasive species in Wisconsin. Proper screening of compost feedstock materials and achievement of appropriate temperatures and residence times can help prevent the spread of viable seeds or other propagules of invasive species through compost.

NR 500.03(263) (263) “Zone-of-saturation landfill” means a landfill where the base grade is located below the water table in a fine-grained soil environment and is designed and operated to maintain inward groundwater gradients to the extent possible.

NR 500.03(264) (264) “Zoonotic infectious agent” means an infectious agent which can be transmitted from an animal to a human. Zoonotic infectious agents include Bacillus anthracis (anthrax), Brucella abortus (brucellosis), Chlamydia psittaci (psittacosis), Coxiella burnetii (Q fever), Lyssa virus (rabies), Mycobacterium bovis and Mycobacterium tuberculosis.

NR 500.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (86), cr. (12m), (33m), (41m), (85m), (86m), (114m), (149m) and (155m), Register, May, 1992, No. 437, eff. 6-1-92; cr. (116m), Register, September, 1993, No. 453, eff. 10-1-93; am. (intro.), (61), (67), cr. (12r), (14g), (14m), (15m), (30m), (35m), (37m), (62e), (62i), (62r), (67g), (67m), (67t), (84d), (84h), (84l), (84o), (84s), (84w), (89m), (96m), (107i), (107r), (109m), (119m), (130m), (139m), (159), Register, October, 1994, No. 466, eff. 11-1-94; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; am. (intro.), (2), (43), (51) and (182), Register, December, 1997, No. 504, eff. 1-1-98; cr. (124m) and (209m), Register, September, 1998, No. 513, eff. 10-1-98; corrections in (23), (187) and (188) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-113: am. (19) and (140) Register June 2005 No. 594, eff. 7-1-05; CR 04-077: cr. (100m), (120g), (120r), (123m), (124e) and (185m) Register November 2005 No. 599, eff. 12-1-05; CR 05-020: am. (intro.), (129), (164), (194), (195), (231) and (259), cr. (9m), (14m), (20m), (93m), (124g), (124h), (214m), (231m), (237m) and (248m), r. and recr. (14), r. (29) and (55) Register January 2006 No. 601, eff. 2-1-06; corrections in (100), (109), (125), (126), (146) and (187) made under s. 13.92 (4) (b) 7., Stats; correction in (124g), (124h), (194), (195) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 10-128: cr. (20r), (29), (30g), (30r), (44m), am. (45), cr. (86m), (88m), (155m), am. (185), cr. (219m), am. (253), cr. (253m), am. (262) Register May 2012 No. 677, eff. 6-1-12; correction in (183) made under s. 13.92 (4) (b) 7., Stats., Register December 2020 No. 780; CR 17-046: am. (146) Register February 2021 No. 782, eff. 6-29-21; CR 21-076: cr. (2m), (19m), (26b), (26f), (26k), (26p), (26s), (26w), (26y), (60m), (76m), am. (96), cr. (106m), (121m), (152m), (189m), (246m), (254g), (254r) Register July 2022 No. 799, eff. 8-1-22; correction in (26k) (a) made under s. 35.17, Stats., Register July 2022 No. 799; CR 21-041: cr. (71g), (71m), (71r), renum. (203) to (203) (a) and am., cr. (203) (b) Register June 2023 No. 810, eff. 7-1-23.

NR 500.035 NR 500.035 CCR landfill requirements.

NR 500.035(1) (1) The CCR landfill requirements included in chs. NR 500 to 538 apply to an owner or operator of a new or existing CCR landfill, including any lateral expansion of a new or existing CCR landfill that disposes or otherwise engages in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. An electric utility or independent power producer is in operation if it is generating electricity that is provided to electric power transmission systems or to electric power distribution systems on or after October 19, 2015. Unless otherwise provided in chs. NR 500 to 538, these requirements also apply to any disposal unit that is not a CCR surface impoundment located off-site of the electric utility or independent power producer. An off-site disposal facility is in operation if it is accepting or managing CCR on or after October 19, 2015. The CCR landfill requirements in chs. NR 500 to 538 also apply to any CCR disposal practice that does not meet the definition of a beneficial use of CCR.

NR 500.035(2) (2) The CCR landfill requirements included in chs. NR 500 to 538 do not apply to any of the following:

NR 500.035(2)(a) (a) A CCR landfill that ceased receiving CCR prior to October 19, 2015.

NR 500.035(2)(b) (b) An electric utility or independent power producer that has ceased producing electricity prior to October 19, 2015.

NR 500.035(2)(c) (c) Any waste, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated at a facility that is not part of an electric utility or independent power producer, such as a manufacturing facility, university, or hospital.

NR 500.035(2)(d) (d) Fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels and fossil fuels other than coal, for the purpose of generating electricity unless the fuel burned consists of more than 50 percent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.

NR 500.035(2)(e) (e) A practice that meets the definition of a beneficial use of CCR.

NR 500.035(2)(f) (f) CCR placement at an active or abandoned underground or surface coal mine.

NR 500.035(2)(g) (g) A municipal solid waste landfill that receives CCR.

NR 500.035(2)(h) (h) A CCR surface impoundment.

NR 500.035(3) (3) Compliance with the CCR landfill requirements in chs. NR 500 to 538 does not affect the need for the owner or operator of a CCR landfill or lateral expansion of a CCR landfill to comply with all other applicable federal, state, tribal, or local laws or other requirements.

NR 500.035 History History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) (f) made under s. 35.17, Stats., Register July 2022 No. 799.

NR 500.04 NR 500.04 Initial site inspection. Any person intending to establish a new solid waste facility or expand an existing solid waste facility shall contact the department’s district or area office as appropriate to arrange for an initial site inspection in accordance with ch. NR 509 for the purpose of evaluating compliance with the applicable locational criteria and performance standards of ch. NR 502 and s. NR 504.04. This inspection shall be completed prior to submittal of an initial site report or a plan of operation report.

NR 500.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 500.05 NR 500.05 General submittal requirements. Unless otherwise specified, all submittals for review and approval of any initial site report, feasibility report, plan of operation site investigation report, remedial action options report, construction documentation report, or closure plan, or any modifications to those plans, shall include all of the following:

NR 500.05(1) (1) Review fee. The appropriate review fee specified in s. NR 520.04 shall be identified. The department will send an invoice for the plan review fee to the contact for the facility upon receipt of the submittal. Payment in check or money order shall be sent to the department’s bureau of finance within 30 days after receipt of the invoice.

NR 500.05(2) (2) Cover letter. A letter detailing the desired department action or response.

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.