Register February 2010 No. 650
Chapter NR 503
ONE TIME DISPOSAL LANDFILLS, SMALL SIZE CONSTRUCTION AND DEMOLITION WASTE LANDFILLS, AND INTERMEDIATE SIZE CONSTRUCTION AND DEMOLITION WASTE LANDFILLS
NR 503.04 Locational criteria and performance standards. NR 503.05 Licensing exemption. NR 503.06 Affidavit of site registry. NR 503.07 Initial site inspection. NR 503.08 One time disposal landfill. NR 503.09 Small size construction and demolition waste landfills. NR 503.10 Intermediate size construction and demolition waste landfills. NR 503.01NR 503.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally accepted solid waste management procedures are practiced in this state and to outline the requirements regarding approval and operational requirements for one time disposal, small size construction and demolition waste landfills, and intermediate size construction and demolition waste landfills. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats. NR 503.01 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96. NR 503.02(1)(1) Except as otherwise provided, this chapter applies to all one time disposal landfills, small size construction and demolition waste landfills, and intermediate size construction and demolition waste landfills. This chapter does not apply to hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. Construction and demolition landfills which have a design capacity greater than 250,000 cubic yards are regulated under chs. NR 500 and 504 to 538. NR 503.02(2)(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste. NR 503.02 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15. NR 503.03NR 503.03 Definitions. The terms used in this chapter are defined in s. NR 500.03. NR 503.03 NoteNote: Section NR 500.03 (50) defines “construction and demolition waste” to mean solid waste resulting from the construction, demolition or razing of buildings, roads and other structures. NR 503.03 NoteNote: Construction and demolition waste typically consists of concrete, bricks, bituminous concrete, wood, glass, masonry, roofing, siding and plaster, alone or in combinations. It does not include waste paints, solvents, sealers, adhesives or similar materials.
NR 503.03 NoteNote: Section NR 500.03 (117) defines “intermediate size construction and demolition waste landfill” to mean a landfill with a design capacity of at least 50,000 cubic yards but no more than 250,000 cubic yards and used for the disposal of only construction and demolition wastes. NR 503.03 NoteNote: Section NR 500.03 (158) defines “one-time disposal” to mean the disposal of no more than 10,000 cubic yards of approved types of agricultural or demolition solid waste on a one-time basis over a project life of not more than 6 months. Examples are the disposal of concrete, brick, stone, asphalt, wood, trees, logs, brush and material from demolished buildings. NR 503.03 NoteNote: Section NR 500.03 (213) defines “small size construction and demolition waste landfill” to mean a landfill with a design capacity of 50,000 cubic yards or less and used for the disposal of only construction and demolition wastes. NR 503.03 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96. NR 503.04NR 503.04 Locational criteria and performance standards. NR 503.04(1)(1) General. An applicant for an approval of a new landfill or approval of an expansion of an existing landfill regulated under this chapter shall demonstrate to the department that the proposed landfill will comply with all of the applicable locational criteria of this section for which no exemption has been granted. Exemptions to sub. (2) (a), (b), (d), (e), (f) and (g) may be granted only upon demonstration by the applicant of circumstances which warrant an exemption. An exemption from compliance with sub. (2) (c) may not be granted. NR 503.04(2)(2) Locational criteria. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter where waste handling and disposal activities occur within the following areas: NR 503.04(2)(a)(a) Within 1,000 feet of any navigable lake, pond or flowage. NR 503.04(2)(d)(d) Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal-aid primary highway or the boundary of any public park or state natural area under ss. 23.27 (1) and 23.28 (1), Stats., unless the landfill is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or state natural area. NR 503.04(2)(e)(e) Within 10,000 feet of any airport runway end designed for or planned to be designed for and used by turbojet aircraft or within 5,000 feet of any airport runway end designed for and used only by piston type aircraft or within other areas where a substantial bird hazard to aircraft would be created. This criterion is applicable only when the landfill will be used for handling putrescible waste outside of an enclosed building. NR 503.04(2)(f)(f) Within 1,200 feet of any public or private water supply well. NR 503.04(3)(3) Performance standards. No person may establish, construct, operate, maintain or permit the use of property for any landfill regulated under this chapter within an area where there is a reasonable probability that the landfill will cause: NR 503.04(3)(b)(b) A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats. NR 503.04(3)(d)(d) A detrimental effect on groundwater quality or an effect resulting in or exacerbating attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design, the point of standards application is defined by s. NR 140.22 (1). NR 503.04(3)(e)(e) The migration and concentration of explosive gases in any landfill structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the landfill property boundary in excess of 25% of the lower explosive limit for the gases at any time. NR 503.04(3)(f)(f) The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07. NR 503.04 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (d) and (3) (b) Register January 2006 No. 601, eff. 2-1-06; correction in (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 736. NR 503.05NR 503.05 Licensing exemption. No person may construct, operate or maintain a one time disposal landfill for agricultural or construction and demolition waste, a small size construction and demolition waste landfill, or an intermediate size construction and demolition waste landfill unless the person has obtained a written plan approval from the department, except as otherwise provided in s. NR 500.08. Facilities approved under this chapter are exempt from the licensing requirements of ch. 289, Stats. NR 503.05 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96. NR 503.06NR 503.06 Affidavit of site registry. Unless otherwise specified, no person may operate or maintain a landfill regulated under this chapter unless the person has submitted on form 4400-067 proof that a notation of the existence of the landfill has been recorded in the office of the register of deeds in each county in which a portion of the landfill is located. Landfills which were in existence prior to July 1, 1996, and continue to operate after this date shall submit an affidavit of site registry within 90 days after July 1, 1996. NR 503.06 NoteNote: 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, (608) 266-2111, waste.management@dnr.state.wi.us. NR 503.07(1)(1) Inspection request. Any person intending to establish a new landfill or an expansion of an existing landfill regulated under this chapter shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the applicable locational criteria and performance standards of s. NR 503.04. NR 503.07(2)(2) Submittal requirements for inspection request. Any person submitting a request to the department to perform an initial site inspection shall comply with all requirements of this section and s. NR 500.05 (5) to (8). NR 503.07 NoteNote: One copy of the information required by this section shall be submitted to the department’s field office responsible for the area in which the facility is proposed to be located and one copy shall be submitted to the department’s bureau of waste management in Madison.
NR 503.07(3)(3) Department response. The department shall conduct an initial site inspection within 22 business days of receipt of the request and the information required in this section. Follow up inspections may be necessary depending on the season to identify any obscured features of the proposed property such as wetlands. The department shall render a preliminary opinion regarding the suitability of the site location and identify any additional studies or information that must be submitted to determine if a proposed landfill or soil borrow source complies with the applicable locational criteria and performance standards of s. NR 503.04 within 22 business days of completing the inspection. A favorable evaluation under this section does not guarantee a favorable initial site report opinion. NR 503.07(4)(4) Contents of inspection request for a proposed solid waste landfill. An initial site inspection request for a proposed new landfill or an expansion of an existing landfill regulated under this chapter shall include the following: NR 503.07(4)(a)(a) A cover letter identifying the applicant and authorized contact, type of landfill and operation being proposed, property ownership, location by quarter - quarter section and present land use. NR 503.07(4)(b)(b) Identification of any known potential impacts to endangered and threatened species in accordance with s. 29.604 (4), Stats., and the federal endangered species act or historical, scientific or archeological areas in accordance with s. 44.40, Stats., including any prior studies or surveys conducted at the proposed site. NR 503.07(4)(d)(d) An enlarged 7.5 minute USGS map or other base map having a minimum scale of 1″ = 500 feet. Map scale and contour intervals shall be revised when necessary to sufficiently show relief, surface waters, floodplains, existing land use conditions and all water supply wells and residences located within one mile of the property boundaries of the proposed landfill. NR 503.07(4)(e)(e) A preliminary identification of all potential conflicts with the locational criteria and performance standards specified in s. NR 503.04. NR 503.07 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (1), r. and recr. (4) (b), r. (4) (c) and (5) Register January 2006 No. 601, eff. 2-1-06. NR 503.08NR 503.08 One time disposal landfill. NR 503.08(1)(1) Plan of operation requirements. Any person intending to establish a one time disposal landfill shall submit a plan of operation to the department which contains a description of the need for the landfill and the potential environmental impacts. The proposal shall address the alternatives considered, including reuse, recycling and disposal at a licensed solid waste landfill, the reasons why other economically feasible alternatives are not available, and the potential environmental impacts. The department may deny an application for a one time disposal landfill if other reasonable alternatives are available. No person may establish, construct, operate or maintain a one time disposal landfill prior to obtaining approval from the department of a plan of operation. The plan of operation shall contain all of the following information unless the department waives specific requirements in writing. The department may require any additional information if it determines that the information is necessary to complete the review of the project. NR 503.08(1)(b)(b) Name, address and telephone number of landfill owner and operator. NR 503.08(1)(d)(d) Landfill life, capacity, types and sources of material to be disposed. NR 503.08(1)(e)(e) The following geotechnical information based upon 2 test pits or borings per acre installed at a minimum of 10 feet below the base of the disposal area: NR 503.08(1)(e)1.1. Depth to groundwater if within 10 feet of the base of the disposal facility. NR 503.08(1)(e)2.2. Boring logs identifying USCS classification of each major soil unit encountered during installation of the soil borings or test pits. The department may require representative samples be taken and analyzed for grain size distribution. NR 503.08(1)(f)(f) Alternatives to the proposed landfill which may be available such as licensed landfills, transfer facilities, recycling facilities or other licensed processing facilities. If reasonable alternatives are available, then the applicant shall provide adequate justification why the alternatives are not feasible. NR 503.08(2)(2) Design and operational requirements. No person may construct, operate or maintain a one time disposal landfill except in conformance with the following minimum requirements and with the terms and conditions of the plan approval for the landfill: NR 503.08(2)(b)(b) The design capacity of the landfill may not exceed 10,000 cubic yards. NR 503.08(2)(c)(c) The landfill shall be operated, maintained and closed in a nuisance-free manner. Screening shall be provided from all residences within 1/4 mile unless this requirement is waived in writing by the department. NR 503.08(2)(d)(d) A minimum 10-foot separation distance from the base of the landfill to the water table or bedrock shall be maintained unless the disposal facility is in a clay soil environment. NR 503.08(2)(e)(e) Access to the landfill shall be restricted through the use of fencing or other means approved by the department. NR 503.08(3)(3) Waste screening plan. The department may require development and implementation of a waste screening plan to prevent the disposal of waste material not approved for a one time disposal landfill. NR 503.08(4)(4) Environmental monitoring. The department may require installation of groundwater and leachate monitoring wells or other devices, groundwater and leachate quality sampling and analysis programs, gas monitoring and provisions to protect against detrimental effects of leachate and gas migration from any one time disposal landfill. NR 503.08(5)(5) Closure requirements. Any person who operates or maintains a one time disposal landfill, or who permits the use of property for that purpose shall close the landfill within 6 months after disposal begins in the following manner: NR 503.08(5)(a)(a) The entire area previously used for disposal purposes shall be covered with at least 2 feet of compacted earth sloped adequately to allow storm water runoff. A specific soil type may be required by the department for this 2-foot layer. Fine grain soils shall be utilized to minimize infiltration unless this requirement is waived in writing by the department. Top slopes shall be no less than 2%. Side slopes shall be no steeper than 33%. NR 503.08(5)(b)(b) Storm water shall be diverted to limit the potential for erosion and sedimentation. Wherever possible, storm water shall be diverted around previously filled areas. Where it is necessary to divert drainage over previously filled areas, the department may require that drainage be conveyed by clay lined drainage swales having a minimum thickness of 2 feet. NR 503.08(5)(c)(c) The finished surface of the filled area shall be covered with a minimum of 6 inches of topsoil. NR 503.08(5)(d)(d) Seeding, fertilizing and mulching of the finished surface shall be accomplished in accordance with the landfill’s final use. The seed type and amount of fertilizer shall be selected depending on the type and quality of topsoil and compatibility with native vegetation.
