Wis. Admin. Code Department of Natural Resources § NR 514.04 - Procedural requirements

(1) GENERAL. No person may establish or construct a landfill or expand a landfill until a plan of operation has been submitted in accordance with s. NR 500.05 and this chapter and has been approved in writing by the department. No person may establish, construct or close an approved landfill except in accordance with this chapter, s. NR 506.08 and with the approved plan of operation. No person may submit a plan of operation for a new or expanded landfill prior to the submittal of a feasibility report by that person.

(2) DATA PRESENTATION. All plans of operation for landfills shall contain the complete plans and specifications necessary for construction, operation, monitoring, closing and long-term care. These documents shall be used for the day-to-day construction, operation and closure of the landfill and shall be presented in a manner that is clear and understandable.

(3) NONCOMPLIANCE WITH PLANS OR ORDERS. The plan of operation shall identify all persons owning a 10 percent or greater legal or equitable interest in the applicant or in the assets of the applicant, including shareholders of a corporation which is an applicant and partners of a partnership which is an applicant. The plan of operation shall also identify all other Wisconsin solid or hazardous waste facilities for which the applicant or any identified person is named in, or subject to an order or plan approval issued by the department. In addition, the plan of operation shall identify all other Wisconsin solid or hazardous waste facilities which are owned by persons, including corporations and partnerships, in which the applicant or any identified person owns or previously owned a 10 percent or greater legal or equitable interest or a 10 percent or greater interest in the assets and include a statement indicating whether or not all plan approvals and orders relating to all identified facilities are being complied with.

Note: If noncompliance with an order or plan approval occurs while the applicant has or had a 10% or greater legal or equitable interest in the facility and is continuing, the department is prohibited from licensing the new or expanded solid waste disposal facility, unless the applicant provides proof of financial responsibility under s. 289.34(3), Stats., to assure that compliance is achieved.

(4) COMPLETENESS. Within 30 days after a plan of operation is submitted or, if the plan of operation is submitted with the feasibility report, within 30 days after the department issues notice that the feasibility report is complete, the department shall provide written notification to the applicant and any other person who has filed a written request whether or not the plan of operation is complete. If the submittal is deemed incomplete, the department will specify the information which shall be submitted before the plan may be deemed complete. The department will determine if the plan of operation is complete by determining whether or not the minimum requirements of this chapter and the conditions of any feasibility approval have been met. The department may require the applicant to submit additional information after determining that the plan of operation is complete if the department establishes that the plan of operation is insufficient without the additional information.

(5) REVIEW TIMES. The department may not approve or disapprove a plan of operation until after the applicant obtains a favorable determination of feasibility for the landfill. The department shall either approve or disapprove the plan in writing within 90 days after submission of a complete plan of operation or within 60 days after a favorable determination of feasibility, whichever is later.

(6) PLAN APPROVAL MODIFICATIONS. Except as provided under s. NR 514.09, proposed changes to the approved plan shall be submitted to and approved by the department prior to implementation.

(7) DISCRETIONARY PRE-PLAN OF OPERATION SUBMITTAL PUBLIC MEETING.

(a) After a feasibility determination is issued by the department, the owner or operator of a proposed CCR landfill shall notify the department at least 30 days prior to the submittal of a plan of operation to the department and post the draft plan of operation on its publicly accessible internet site. The department shall post the draft plan of operation on its internet site and shall hold a public meeting if within 30 days after posting the draft plan of operation on the department's internet site any county, city, village or town, the applicant, or any 6 or more persons file a written request for a public meeting with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.

(b) The department shall post notice of the public meeting and the draft plan of operation report on the department's internet site at least 30 days prior to the meeting, and the owner or operator shall also post the notice and the draft plan of operation on its publicly accessible internet site. Additionally, the department shall post a written notice of the public meeting at the department office closest to the location of the proposed CCR landfill. Written notice shall be provided by the department to any interested party identified in the department's feasibility determination. At the public meeting the department shall solicit public comments on the draft plan of operation report.

(8) DISCRETIONARY PRE-PLAN OF OPERATION MODIFICATION PUBLIC MEETING.

(a) Excluding the plan of operation modification for initial permitting under s. NR 514.045, the owner or operator of a CCR landfill shall notify the department at least 30 days prior to the submittal of a plan of operation modification affecting the closure plan, liner system, leachate system, or changes that reduce the stringency of groundwater monitoring requirements to the department and post the draft plan of operation modification on its publicly accessible internet site. The department shall post the draft plan of operation modification on its internet site and shall hold a public meeting if within 30 days after posting the draft plan of operation on the department's internet site, any county, city, village or town, the applicant, or any 6 or more persons file a written request for a public meeting with the department. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.

(b) If the department determines that a public meeting will be held, the department shall post notice of the public meeting and the draft plan of operation modification report on the department's internet site at least 30 days prior to the meeting, and the owner or operator shall also post the notice and the draft plan of operation modification on its publicly accessible internet site. Additionally, the department shall post a written notice of the public meeting at the department office closest to the location of the proposed CCR landfill. At the public meeting, the department shall solicit public comments on the draft plan of operation modification report.

Notes

Wis. Admin. Code Department of Natural Resources § NR 514.04

Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, June, 1996, No. 486, eff. 7-1-96; renum. (3) to (5) to be (4) to (6), cr. (3), Register, September, 1998, No. 513, eff. 10-1-98. Amended by, CR 18-058: am. (3) Register April 2019 No. 760, eff. 5/1/2019 Amended by, CR 21-076: cr. (7), (8) Register July 2022 No. 799, eff. 8-1-22; correction (3), (7) (a), (8) (a) made under s. 35.17, Stats., Register July 2022 No. 799, eff. 8/1/2022.