This section applies to landfills designed principally for
high volume industrial waste, wood residue and minor amounts of other wastes as
approved by the department. This section applies to all new landfills and to
the expansion of existing landfills for which the plan of operation was
approved after February 1, 1988. This section also applies to new and existing
CCR landfills and lateral expansions of a CCR landfill.
(1) GENERAL.
(a) An applicant may design a high volume
industrial waste landfill to meet the standards contained in ss. NR 504.05 to
504.09 or may propose an alternative design in accordance with the provisions
of this section.
(b) If the
applicant does not complete construction of the first major phase of the
landfill within 2 years from the date of the plan of operation approval, the
applicant shall reapply to the department for approval to construct the
landfill. This application does not constitute a feasibility report as defined
in s.
289.24,
Stats. The department may require additional conditions of approval and require
redesign of the landfill in accordance with state-of-the-art design
criteria.
(c) An owner or operator
of a landfill which is designed primarily for disposal of high volume
industrial waste may accept up to 10% by weight of municipal waste such as
packaging which is generated in conjunction with the manufacturing process, and
not be subject to the design requirements of s. NR 504.05 (1). Household and
plant waste not generated as a direct result of the manufacturing process such
as office and cafeteria waste, may not be disposed of in a landfill which does
not meet the requirements of s. NR 504.05 (1).
(2) DESIGN CAPACITY. Design capacity shall be
in accordance with s. NR 504.05 (3).
(3) DESIGN CRITERIA. An applicant seeking
approval of an alternative design under this section shall demonstrate in the
feasibility report required in ch. NR 512 that the alternative design
adequately protects public health, welfare and the environment and meets or
exceeds the location and performance standards of s. NR 504.04. The applicant
may include the following types of information as a part of such a
demonstration:
(a) Landfill characteristics
including regional and specific information on land use, geology, hydrology,
hydrogeology and soils.
(b) Waste
characteristics including quantity and physical and chemical analyses of the
waste and its leachate.
(c) An
analysis of any design to control geologic or hydrogeologic conditions of the
site.
(d) Field demonstration
data.
(e) Design and performance
data for other similarly designed and constructed landfills.
(f) Accepted scientific or engineering
analyses or field studies, field plots, research, manufacturer's data or
demonstrations.
(g) For new and
existing CCR landfills and any lateral expansion of a CCR landfill, a
demonstration that the alternative design meets the federal requirements
located under 40 CFR part
257 , Subpart D dated April 17, 2015 (
80 FR 21468),
as amended at
83 FR 36451, July 30, 2018.
Note: The code of federal regulations may be
obtained at www.ecfr.gov. Copies of 40 CFR
part 257 , Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR
36451, July 30, 2018 are available for inspection at the legislative reference
bureau.
(4)
APPROVAL CRITERIA. The department shall approve the alternative design proposed
by the applicant if the department determines to a reasonable degree of
certainty that the alternative design adequately protects public health,
welfare and the environment and meets or exceeds the location and performance
standards of s. NR 504.04.
Notes
Wis.
Admin. Code Department of Natural
Resources
§
NR
504.10
Cr. Register, June,
1996, No. 486, eff. 7-1-96.
Amended by, CR 21-076: am. (intro.), cr. (3) (g)
Register
July 2022 No. 799, eff. 8/1/2022.
