Chapter NR 520

NR 520.11 NR 520.11 Access and default. Whenever on the basis of any reliable information, and after opportunity for a hearing, the department determines that an owner or operator of a solid waste land disposal facility is in violation of any of the requirements for closure, long-term care or remedial action specified in a department approval, the department and its designees shall have the right to enter upon the facility and carry out the closure, long-term care or remedial action requirements. The department may use part or all of the money deposited with it, or the money deposited in escrow or trust accounts, or performance or forfeiture bonds, or letters of credit, insurance, or funds accumulated under other approved methods to carry out the closure, long-term care or remedial action requirements.

NR 520.11 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96.

NR 520.12 NR 520.12 Authorization to release funds.

NR 520.12(1) (1) Closure. When an owner or operator has completed closure, the owner may apply to the department for release of the bond, insurance or the letter of credit or return of the money held on deposit, in escrow, or in trust for closure of the facility. The application shall be accompanied by a report under the seal of a registered professional engineer which documents that the facility has been closed in accordance with the plan of operation approval and ch. NR 514, and summarizes the actual closure costs incurred. Upon determination by the department that complete closure has been accomplished, the department shall authorize in writing the release and return of all funds accumulated in such accounts or give written permission for cancellation of the bond, insurance or letter of credit. Determinations shall be made within 90 days of the application.

NR 520.12(2) (2) Long-term care. One year after closure, and annually thereafter for the period of owner responsibility, the owner who has carried out all necessary long-term care during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs for long-term care for that year. The application shall be accompanied by an itemized list of costs incurred. Upon determination that the expenditures incurred are in accordance with the long-term care requirements anticipated in the approved plan of operation, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter of credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete required long-term care work for the remaining period of owner responsibility. Determinations shall be made within 90 days after the application. For facilities using escrow accounts, trust accounts or deposits with the department, the department may authorize the release and return of up to 75% of the expected cost of long-term care for the current year. Any funds remaining in an escrow account, trust account, or on deposit with the department at the termination of the period of owner responsibility shall be released to the owner.

NR 520.12(3) (3) Remedial actions. One year following the midpoint of the period of time that implementation of a remedial action is expected to take, and annually thereafter for the period of the remedial action, the owner who has carried out all required activities during the preceding year may make application to the department for reimbursement from an escrow account, trust account, deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs of remedial activities for that year. The application shall be accompanied by a report under the seal of a licensed professional engineer which documents the actual remedial activity costs incurred for that year. Upon determination that the expenditures incurred are in accordance with the approved remedial action requirements, the department may authorize in writing the release of the funds or approve a reduction in the bond, insurance or letter or credit. Prior to authorizing a release of the funds or a reduction of the bond, insurance or letter of credit, the department shall determine that adequate funds exist to complete the required remedial work over the remaining remedial action period. Determinations shall be made within 90 days of the application. Any funds remaining in an escrow account, trust account, or on deposit with the department upon the successful completion of the approved remedial action shall be released to the owner.

NR 520.12 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (2), cr. (3), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (1) and (3) Register January 2006 No. 601, eff. 2-1-06.

NR 520.13 NR 520.13 Bankruptcy notification. The owner or operator of a facility for the land disposal of solid waste shall notify the department by certified mail of the commencement of a voluntary or involuntary proceeding under the bankruptcy code, 11 USC 101, et seq., naming the owner or operator as debtor, within 10 days after commencement of the proceeding.

NR 520.13 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.

NR 520.14 NR 520.14 Environmental fees.

NR 520.14(1) (1) Environmental repair fund.

NR 520.14(1)(a) (a) All owners or operators of licensed solid waste land disposal facilities shall pay to the department an environmental repair fee for each ton of solid waste received and disposed of at the facility, until the facility no longer receives waste and begins closure activities. The environmental repair fee shall be as specified in s. 289.67 (1), Stats.

NR 520.14(1)(b) (b) All licensed nonapproved facilities shall pay to the department an environmental repair base fee for each calendar year until the facility no longer receives waste and begins closure activities. The environmental repair base fees shall be as specified in s. 289.67 (3) (b), Stats. The environmental repair base fees may be reduced in accordance with s. 289.67 (3) (d), Stats. The environmental repair surcharge shall be as specified in s. 289.67 (4), Stats.

NR 520.14(1)(c) (c) The department shall deposit all environmental repair fees, environmental repair base fees, and environmental repair surcharge fees into the environmental repair fund provided for in s. 25.46, Stats. The monies in the environmental repair fund shall be expended exclusively as set forth in s. 292.31 (3) and (4), Stats.

NR 520.14(2) (2) Groundwater fund. All owners or operators of licensed solid waste land disposal facilities shall pay to the department a groundwater fee for each ton of solid waste received and disposed of at the facility, until the facility no longer receives wastes and begins closure activities. The amount of the groundwater fee shall be as specified in s. 289.63 (3), Stats. The department shall deposit all groundwater fees into the groundwater fund as provided for in s. 25.48, Stats. The monies in the groundwater fund shall be expended as set forth in ss. 20.115 (1) (s), 20.370 (4) (mq), 20.435 (1) (q), and 20.165 (2) (q), Stats.

NR 520.14(3) (3) Certification and payment of fees.

NR 520.14(3)(a) (a) Certification of waste received. The owner or operator of a licensed solid waste land disposal facility or a processing facility which converts solid waste to fuel, or a municipal solid waste combustor, or a solid waste incinerator shall certify, on a form provided by the department, the amount of solid waste received and disposed of or converted into fuel or burned during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail the certification form to the owner or operator every January. The certification form shall be completed and returned to the department if the tonnage or categories of solid waste disposed of during the preceding reporting period are different from the year immediately preceding the reporting period. The certification form shall be returned to the department within 45 days after mailing of the form by the department to the owner or operator.

NR 520.14(3)(b) (b) Payment of fees. Based on information certified by the owner or operator under par. (a), the department shall mail notice of fees due in May and the owner or operator shall within 30 days after mailing of the fees notice, remit the appropriate fees to the department. An owner or operator failing to remit the appropriate fees within 30 days after mailing of the fees notice to the owner or operator shall pay a late processing fee of $50 in addition to the appropriate fees.

NR 520.14(3)(c) (c) Certification of remaining capacity and sources of waste. In addition to the certification under par. (a), the owner or operator of a licensed solid waste land disposal facility or a processing facility which converts solid waste to fuel, or a municipal solid waste combustor, or a solid waste incinerator shall certify to the department on a form provided by April 1 of each year the following information for the previous calendar year:

NR 520.14(3)(c)1. 1. The name of the owner of the facility.

NR 520.14(3)(c)2. 2. The location of the facility.

NR 520.14(3)(c)3. 3. For a solid waste disposal facility, the remaining capacity available for disposal.

NR 520.14(3)(c)4. 4. A list of all licensed haulers transporting waste to the facility for disposal or treatment in the previous year.

NR 520.14(3)(c)5. 5. A list of the states of origin of solid waste disposed of or treated at the facility in the previous year and the amount, by weight, of that solid waste originating in each state.

NR 520.14(3)(c)6. 6. For waste received from outside of Wisconsin, the following additional information shall be provided:

NR 520.14(3)(c)6.a. a. The out-of-state unit, as defined under s. 287.01 (5), Stats., where the waste was generated.

NR 520.14 Note Note: Section 287.01 (5), Stats., was repealed by 2011 Act 32.

NR 520.14(3)(c)6.b. b. Name and address of the out-of-state solid waste generator. If multiple generators are included, identification of the out-of-state units in which the solid waste was generated is acceptable.

NR 520.14(3)(c)6.c. c. Location of out-of-state unit where solid waste was originally generated, if different from subd. 6. a.

NR 520.14(3)(c)6.d. d. Description and weight of out-of-state waste accepted, including the solid waste type, as specified by the department, and the weight of each type by state.

NR 520.14(3)(c)6.e. e. Name and collection and transportation license number issued by the department for the transporter who delivered the solid waste to the Wisconsin facility.

NR 520.14 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. (4) to be (4) (a) and am., cr. (4) (b), (c) and (5), Register, September, 1993, No. 453, eff. 10-1-93; r. (1), renum. (2) to (5) to be (1) to (4), Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 05-020: r. (3) (c) 6. f. and (4) January 2006 No. 601, eff. 2-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.

NR 520.15 NR 520.15 Determination of waste tonnages.

NR 520.15(1) (1) Determination by owner or operator. The owner or operator shall determine the number of tons of waste received and disposed of at the solid waste land disposal facility in accordance with the following:

NR 520.15(1)(a) (a) For landfills with weight scales, actual weight records shall be used, and all waste accepted shall be routed across the scale.

NR 520.15(1)(b) (b) For landfills without scales, the owner or operator may establish by field measurement the volume of waste disposed and convert to a weight using the appropriate conversion factors in Table 4. When reporting waste tonnage information to the department based on this method, owners or operators of municipal solid waste landfills shall specify the volume of cover soil used as well as how the volumes of municipal waste and various industrial wastes were determined.

NR 520.15(1)(c) (c) For rural municipal solid waste landfills serving a population equivalent of 2,500 or less and receiving little or no industrial waste, the owner or operator may conduct a survey during a representative period of operation to establish average representative weights or volumes of waste disposed. Changes in seasonal population shall be considered when establishing representative weights or volumes. Alternatively, the owner or operator may use a waste generation rate of 2 pounds per capita per day and apply it over the number of days in the reporting period. Changes in seasonal population shall be considered when applying a per capita generation rate.

NR 520.15(2) (2) Conversion factors. The conversion factors in table 4 shall be used. All conversion factors are based on wet densities. The densities provided for domestic residential waste and commercial waste in table 4 are subject to mechanical compaction, such as packer trucks or enclosed roll off containers coupled to hydraulic compactors. If the waste is loose, 200 pounds per cubic yard shall be used as the conversion factor.

NR 520.15(3) (3) Department estimates. The department may estimate by waste category the number of tons received at a solid waste land disposal facility. The estimate shall appear on the certification form and shall be based on the number of tons received and reported for the previous reporting period.

NR 520.15 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.), (b), (2) (intro.) and Tables, r. and recr. (1) (a), (c), r. (1) (d), renum. (2) (c) to be (3), Register, June, 1996, No. 486, eff. 7-1-96, am. table 2, Register, August, 1997, No. 500, eff. 9-1-97; r. and recr. table 2, Register, September, 1998, No. 513, eff. 10-1-98; CR 02-145: r. and recr. (3) Table 2 and Table 3 Register December 2003 No. 576, eff. 1-1-2004; CR 05-020: r. and recr. (3) Tables 2 and 3 Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. Table 5 Register July 2022 No. 799, eff. 8-1-22; correction in Table 5 made under s. 35.17, Stats., Register July 2022 No. 799; CR 21-041: am. Table 2 Register June 2023 No. 810, eff. 7-1-23; correction in Table 2 made under s. 35.17, Stats., Register June 2023 No. 810.