NR 502.02 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1992, No. 437; am. (1), cr. (3), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15. NR 502.03NR 502.03 Definitions. The terms used in this chapter are defined in s. NR 500.03. NR 502.03 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88. NR 502.04NR 502.04 General requirements. All facilities regulated under this chapter shall comply with the following requirements: NR 502.04(1)(a)(a) Unless an exemption is granted by the department under par. (b), no person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter, or any non-commercial soil borrow source designated to be used in the construction of a specific facility regulated under this chapter, within an area where there is reasonable probability that the facility will cause any of the following: NR 502.04(1)(a)3.3. A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventative 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 502.04(1)(a)4.4. A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats. NR 502.04(1)(a)5.5. The migration and concentration of explosive gases in any facility structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time. NR 502.04(1)(a)6.6. The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07. NR 502.04(1)(b)(b) Exemptions from the requirements of par. (a) 4. to 6. may be granted by the department only upon demonstration by the applicant of circumstances which warrant the exemption. Exemptions from compliance with par. (a) 3. may be granted only according to the procedures in ch. NR 140. Exemptions from compliance with par. (a) 2. may be granted only in accordance with the standards in ch. NR 103. Exemptions from compliance with par. (a) 1. may not be granted. NR 502.04(2)(a)(a) Any person intending to establish or expand a solid waste facility listed in subds. 1. to 8. which is subject to locational criteria under this chapter or a soil borrow source listed in subd. 9. shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter: NR 502.04(2)(a)9.9. Non-commercial soil borrow source designated to be used in the construction of a specific solid waste facility listed in subds. 1. to 8. NR 502.04(2)(b)(b) The written request for initial site inspection shall comply with s. NR 500.05 (5) to (8) and shall contain a cover letter identifying all of the following: