Wis. Admin. Code Department of Natural Resources § NR 514.045 - Procedural requirements for initial permitting of CCR landfills

(1) GENERAL. An owner or operator of a new or existing CCR landfill that is licensed or constructed prior to August 1, 2022, shall submit a plan of operation modification to the department no later than February 1, 2023, to update the plan of operation to comply with the applicable requirements under chs. NR 500 to 520 for CCR landfills. The plan of operation modification shall address all phases of the CCR landfill. At a minimum, the plan of operation modification shall include all of the following:

(a) A plan that meets the requirements under s. NR 500.05, including the certifications required under s. NR 500.05 (4).

(b) A demonstration that all phases of the CCR landfill meet the performance criteria under s. NR 504.04 (4) (a), (b), and (c).

(c) A demonstration that all phases of the CCR landfill meet the locational criteria under s. NR 504.04 (3) (g), (h), and (i). 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.

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

(e) A demonstration that the facility or practices may not result in the destruction or adverse modifications of the critical habitat of endangered or threatened species as identified under s. NR 27.03 (1).

(f) A demonstration that the CCR landfill design meets requirements under s. NR 504.12 or an alternate design under s. NR 504.10. The demonstration shall include a design report, engineering drawings, and calculations.

(g) The plans required under s. NR 514.07 (10).

(h) A demonstration that the CCR groundwater monitoring system complies with the requirements under s. NR 507.15 (3), including documentation of the design, installation, and development of any CCR wells.

(i) An updated sampling plan that addresses the requirements under s. NR 507.15 (3).

(2) COMPLETENESS. Within 90 days after the owner or operator of a new or existing CCR landfill submits a plan of operation modification, the department shall provide written notification to the owner or operator, and any other person who has filed a written request, whether or not the plan of operation modification is complete. If the submittal is determined to be incomplete, the department shall specify the information that shall be submitted before the plan may be deemed complete. The department shall determine if the plan of operation modification is complete by determining whether or not the minimum requirements of this chapter have been met. The department may require the applicant to submit additional information at any time, including after determining that the plan of operation is complete, if the department establishes that the plan of operation is insufficient without the additional information. If the owner or operator submits additional information that substantially differs from the complete submittal, the procedures under this subsection and sub. (3) shall be repeated.

(3) NOTIFICATION OF COMPLETENESS, PUBLIC MEETING AND PUBLIC COMMENT PERIOD. After the department determines the report is complete, the department shall publish a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists, in a newspaper likely to give notice in the area of the landfill, and shall publish the notice on its internet site. A copy of the plan of operation modification submittal shall also be published on the department's internet site during the comment period. The notice shall include a statement that the plan of operation modification for initial permitting of the CCR landfill is complete. The notice shall invite the submission of written comments by any person within 60 days after the notice is published. The department shall hold a virtual or in person public meeting during the 60-day comment period to receive oral comments on the complete submittal.

Note: Section NR 506.17 (3) (d) 1. requires an owner or operator to publicly notice the plan of operation modification submittal and the department's final decision documents, including the notification of completeness, on the owner or operator's publicly accessible internet site.

(4) DRAFT DECISION AND REVIEW TIMES. The department shall issue a draft decision on the plan of operation modification to the owner or operator in writing within 60 days after the completion of the public comment period under sub. (3). The draft decision shall include a written response to comments received under sub. (3). The draft decision shall be published on the department's internet site for 30 days for public comments. The department shall issue a final decision within 30 days following the end of the 30-day public comment period on the draft decision.

(5) FAILURE TO DEMONSTRATE COMPLIANCE WITH LOCATIONAL CRITERIA.

(a) Within 6 months of a determination that an existing CCR landfill does not comply with the location criteria for unstable areas specified under sub. (1) (c), an owner or operator shall cease placing CCR and non-CCR waste streams into the CCR landfill and close the CCR landfill in accordance with the requirements under s. NR 506.083. This timeframe does not apply if the owner or operator complies with the alternative closure procedures under s. NR 506.083 (7).

(b) An owner or operator of a new CCR landfill or a lateral expansion of a CCR landfill who fails to make the demonstration showing compliance with the locational requirements specified under sub. (1) (b) to (f) is prohibited from placing CCR in the CCR unit.

Notes

Wis. Admin. Code Department of Natural Resources § NR 514.045

Adopted by, CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction (1) (e) made under s. 35.17, Stats., Register July 2022 No. 799, eff. 8/1/2022.