Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 504 - Landfill Location, Performance, Design And Construction Criteria › Section NR 504.04 - Landfill locational criteria and performance standards

Current through June 24, 2024
(1) GENERAL. As
				part of the feasibility report required under ch. NR 512 an applicant shall
				demonstrate to the department that the proposed landfill will comply with all
				of the locational criteria and performance standards of this section unless an
				exemption is granted.
(2)
				EXEMPTIONS.
(a) Exemptions from compliance
				with subs. (3) (a), (b), (d), (e), (f), (g), (h), (i) and (4) (b), (e) and (f)
				may be granted by the department only upon demonstration by the applicant of
				circumstances which warrant an exemption. Compliance with sub. (4) (a) shall be
				evaluated in accordance with the standards in ch. NR 103. For the purpose of
				determining whether there is a practicable alternative to a proposed landfill
				expansion under s.
				NR
				103.08, the department may allow an applicant to limit
				its analysis of alternatives to alternatives within the boundaries of the
				property where the existing landfill is located and on property immediately
				adjacent to the existing landfill. Exemptions from compliance with subs. (3)
				(c) and (4) (c) may not be granted. Exemptions from compliance with sub. (4)
				(d) may be granted only according to the procedures set forth in chs.
				NR 507 and 140. Exemptions from
				compliance with sub. (3) (f) will be based on an evaluation of the information
				contained in par. (b). However, no exemptions from sub. (3) (f) may be granted
				unless information on the well location, current and immediate past well
				owners, well driller, well log and construction details, the general
				hydrogeologic setting and a completed s.
				NR
				812.43 variance request is submitted to the
				department. Exemptions from sub. (3) (f) shall be requested by the applicant
				and re-evaluated for each subsequent expansion proposal. Exemptions from sub.
				(3) (i) may be granted only if the applicant demonstrates that engineering
				measures have been incorporated into the landfill's design to ensure that the
				integrity of the structural components of the landfill will not be disrupted.
Note:
Contact the groundwater expert or water
				  supply specialist in the local DNR office to obtain a list of the current
				  requirements for a completed s.
				  NR
				  812.43 variance request. To determine who is the
				  appropriate contact in a particular part of the state either call (608)
				  266-0821 or e-mail the Drinking Water and Groundwater program at
				  DG.Mail@dnr.state.wi.us.
(b)
				Additional factors which may be considered by the department in determining
				whether or not to grant exemptions under this section include waste types,
				characteristics and quantities; the geology and hydrogeology of the landfill;
				the proposed landfill design and operation; the availability of other
				environmentally suitable alternatives; status of the s.
				NR
				812.43 variance application; compliance with other
				state and federal regulations and the health, safety and welfare of the public.
				Requests for exemptions and information needed to demonstrate the circumstances
				that warrant exemptions shall be addressed by the applicant in the feasibility
				report.