Wisconsin Administrative Code › Department of Natural Resources › NR 500-599 - Environmental Protection - Solid Waste Management › Chapter NR 514 - Plan Of Operation And Closure Plans For Landfills › Section NR 514.04 - Procedural requirements

Current through June 24, 2024
(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.