Wis. Admin. Code Department of Natural Resources § NR 500.035 - CCR landfill requirements

(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.

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

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

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

(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.

(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.

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

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

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

(h) A CCR surface impoundment.

(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.

Notes

Wis. Admin. Code Department of Natural Resources § NR 500.035

Adopted by, 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, eff. 8/1/2022.