Wis. Admin. Code Department of Natural Resources § NR 512.13 - Constraints on landfill development

The feasibility report shall contain a discussion of constraints for the development of the proposed landfill. This shall include:

(1) LOCATIONAL CRITERIA AND PERFORMANCE STANDARDS. A demonstration that the proposed landfill will meet the locational criteria and performance standards under s. NR 504.04. For a new CCR landfill or an expansion of a CCR landfill, all of the following also apply:

(a) The demonstration shall address all of the following factors, at a minimum, when determining whether an area is unstable:

1. On-site or local soil conditions that may result in significant differential settling.

2. On-site or local geologic or geomorphologic features.

3. On-site or local human-made features or events both surface and subsurface.

(b) A facility or practice near a floodplain may not restrict the flow of the regional flood, reduce the temporary water storage capacity of the flood plain, or result in washout of solid waste, so as to pose a hazard to human life, wildlife, or land or water resources.

(c) A facility or practice may not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified under s. NR 27.03 (1).

(2) GEOTECHNICAL INFORMATION. An analysis of the geologic, hydrogeologic, topographic and hydrologic features of the facility that may be favorable or unfavorable for landfill development.

(3) CONSTRUCTION AND OPERATION. A discussion of materials and support services required for landfill construction and operation. These shall include leachate treatment alternatives, identification of and a detailed evaluation of the capability of any proposed wastewater treatment plants to treat the anticipated quality and quantity of leachate, quality and quantity of acceptable materials available for landfill liner and final cap, and any specialized engineering structures to support landfilling activities.

(4) EXISTING FACILITY PERFORMANCE. For a proposed contiguous, horizontal or vertical expansion of an existing landfill, the compliance status and performance of the existing landfill shall be evaluated.

(a) The discussion in any applicable pre-feasibility report on the compliance status and performance of the existing landfill shall be referenced in the feasibility report and any changes in the compliance status and performance of the existing landfill since the submittal of any applicable pre-feasibility report shall be addressed.

(b) If a preventive action limit or enforcement standard adopted under ss. NR 140.10 and 140.12 has been attained or exceeded at the proposed landfill location, an exemption request under s. NR 140.28 and in accordance with s. NR 507.29 shall be contained in the feasibility report.

Notes

Wis. Admin. Code Department of Natural Resources § NR 512.13

Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum from NR 512.16, am. (intro.), (1), (3), r. and recr. (4), Register, June, 1996, No. 486, eff. 7-1-96; am. (1), (4) (intro.) and (a), Register, August, 1997, No. 500, eff. 9-1-97. Amended by, CR 21-076: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (c) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (c) made under s. 35.17, Stats., Register July 2022 No. 799, eff. 8/1/2022.