NR 520.01NR 520.01Purpose.The purpose of this chapter is to ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in Wisconsin and to establish solid waste license and review fees, environmental fees and financial responsibility requirements. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats.
NR 520.02(1)(a)(a) Except as provided in par. (b) and except as otherwise provided, this chapter governs all solid waste facilities as defined under s. 289.01 (35), Stats., including all CCR landfills and expansions.
NR 520.02(1)(b)(b) This chapter does not govern any of the following:
NR 520.02(1)(b)2.2. Metallic mining operations for nonferrous minerals as defined under s. 293.01 (9), Stats., and regulated under ch. NR 182.
NR 520.02(1)(b)3.3. Metallic mining operations for ferrous minerals as defined under s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined under s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.
NR 520.02(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 ultimate disposal of solid waste.
NR 520.04(1)(1)Issuance of an operating license. No person may operate or maintain a solid waste facility without an operating license from the department unless an exemption is granted under ss. NR 500.08, 502.05, 502.06, 502.07, 502.08, 502.09, 502.12 and 502.13. The license period shall be for one year.
NR 520.04(1)(a)(a) Application for an initial license for a new solid waste facility may be submitted at any time during the license period. Initial licenses issued during the license period shall expire at the end of that license period. The applicant for initial licensing of a facility shall submit the appropriate fees as shown in Table 2 or Table 3, whichever is applicable.
NR 520.04(1)(b)(b) Each year, the department will mail renewal application forms to existing license holders. Applicants failing to submit the relicensing application to the department within the specified time shall pay a late processing fee equal to 50% of the renewal fee or $150.00, whichever is less, in addition to the relicensing fee.
NR 520.04(1)(c)(c) Application for an operating license shall be submitted on forms supplied by the department and shall be accompanied by the appropriate fees as shown in Table 2 or Table 3, whichever is applicable.
NR 520.04(1)(d)1.1. In addition to the license fee specified in table 3, owners or operators of landfills shall pay a license fee surcharge to the department based upon the number of tons or equivalent volume of solid waste disposed of at each landfill during each quarterly reporting period.
NR 520.04(1)(d)2.2. The amount of the surcharge payable under subd. 1. shall be determined by multiplying the number of tons or equivalent volume of solid waste disposed of during each quarterly reporting period by a tonnage rate established in subd. 3.
NR 520.04(1)(d)3.3. The tonnage rate shall be 9.0 cents/ton through March 31, 2004,12.0 cents/ton effective April 1, 2004, 14 cents/ton effective July 1, 2004, and 15.0 cents/ton effective July 1, 2005 and beyond.
NR 520.04(1)(d)4.4. Owners or operators of landfills shall submit quarterly reports on forms supplied by the department accompanied by the amount of the surcharge calculated under this section within 30 days after the end of each successive reporting period.
NR 520.04 NoteNote: The forms will be mailed to the landfill owners or operators by the Department on a quarterly basis.
NR 520.04(1)(d)5.5. The department shall hold a public meeting annually in September to review the status of and projections for the waste management program revenue account. If, for 3 consecutive fiscal years, the end of year account balance is greater than 20% of the expenditure level of the program revenue account authorized in s. 20.370 (4) (dg), Stats., the department shall submit to the natural resources board proposed rule revisions with appropriate justification for the modification of the surcharge payable under this paragraph to more closely align revenues with expenditures in accordance with s. 289.61 (3), Stats. The proposed rule revisions shall be submitted within 180 days after the date of the public meeting.
NR 520.04(1)(e)(e) Except as provided in s. NR 500.065, license fees for solid waste facilities are not refundable.
NR 520.04(2)(2)Transfer of an operating license. Upon payment of the transfer fee shown in Table 3, the department will issue a new operating license to a person acquiring rights of ownership, possession or operation of a licensed facility in accordance with s. 289.46, Stats. Feasibility approvals and plan of operation approvals are not transferable prior to the licensing of a facility.
NR 520.04(3)(3)Licensure during the closure and long-term care period. The owner or operator and any successor in interest shall maintain a license during the closure and long-term care period indicated in s. 289.41 (1m), Stats. The license fees are specified in Table 3.
NR 520.04(4)(4)Plan review and license fees. For the purposes of determining plan review and license fees, the following shall apply:
NR 520.04(4)(a)(a) Plan review fees shall be charged in accordance with Tables 2, 3 and 5.
NR 520.04(4)(b)(b) When an applicant requests in writing that the department’s plan review determination be issued in a shorter time interval than the total time interval allowed under ss. 289.24 (3), 289.29 (4) and 289.30 (6), Stats., or s. NR 500.07, and the department complies within one half of the total time interval allowed following receipt of a complete submittal, one of the following fees in addition to those specified in Table 2 or Table 3 shall apply:
NR 520.04(4)(c)(c) License fees shall be based on the design capacity of the facility being licensed including solid waste already deposited at the facility. For facilities which do not have a plan approval, the department shall make a reasonable estimate of the capacity of the facility based on licensed acreage and probable depth of fill and shall charge a fee accordingly.
NR 520.04(5)(5)Construction inspection fees. A construction inspection fee as specified in Table 2 or 3, as applicable, required under s. NR 500.09 shall be paid to the department by the applicant at the time of submittal of a construction documentation report or as specified in the plan approval. A maximum of 10 inspections per major phase of construction may be required.
NR 520.04(6)(6)Certification fees for solid waste disposal facility operators. Fees for examination, certification, recertification, program approvals, and interim status approvals as required under ch. NR 524 shall be as follows:
NR 520.04(7)(7)Compliance inspection fees for exempt non-landfill facilities. Compliance inspection fees as required under ss. NR 502.05 (3) (k) 8. and 502.07 (2r) (g) shall be paid to the department by the applicant in the amount specified in ch. NR 520, Table 2.
NR 520.05NR 520.05Financial responsibility for closure, long-term care and remedial actions.
NR 520.05(1)(1)Owner’s responsibility. The owner of any landfill is responsible for its closure, for any remedial actions required by the department, and for its perpetual long-term care. Owners of landfills or other solid waste facilities shall provide proof of financial responsibility as determined by Table 1 and the remainder of this chapter. Those facilities required to provide proof of financial responsibility shall submit the proof as part of their operating license and annually thereafter for the period of active facility life, or longer where required, to ensure compliance with closure, long-term care or remedial actions.
Table 1 Proof of Owner Financial Responsibility
NR 520.05(2)(2)Successors in interest. Any person acquiring rights of ownership, possession or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the facility obtains department approval of proof of financial responsibility.
NR 520.06NR 520.06Methods of providing proof of financial responsibility.Financial assurances for closure, long-term care and remedial actions where required, shall be established separately. The owner shall specify, as part of the plan of operation submittal, which method of providing proof of financial responsibility will be used for closure and for long-term care. To provide proof of financial responsibility, the applicant shall use only one of the following methods for each account:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.
