Section NR 504.04 - Landfill locational criteria and performance standards(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.(3) LOCATIONAL CRITERIA. No person may establish, construct, operate, maintain or permit the use of property for a landfill where the limits of filling are or would be within the following areas:(a) Within 1,000 feet of any navigable lake, pond or flowage not including landfill drainage or sedimentation control structures.(b) Within 300 feet of any navigable river or stream.(d) Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal aid primary highway or the boundary of any public park or state natural area, unless the landfill is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or natural area.(e) Within an area where the design or operation of the landfill would pose a significant bird hazard to aircraft.1. A landfill which is proposed to be located within 10,000 feet of any airport runway end designed or planned to be designed and used by turbojet aircraft or within 5,000 feet of any airport runway end designed for and used only by piston type aircraft and which is proposed to be used for the disposal of putrescible waste shall be presumed to pose a significant bird hazard to aircraft unless the applicant can demonstrate to the satisfaction of the department that the landfill will not pose a significant bird hazard to aircraft.2. A landfill used for the disposal of putrescible waste which is in existence on July 1, 1996, and which is located within 10,000 feet of any airport runway end used or planned to be used by turbojet aircraft or within 5,000 feet of any runway end used by only piston-type aircraft shall be closed by October 9, 1996 unless the owner or operator of the landfill demonstrates to the satisfaction of the department that the landfill will not pose a significant hazard to aircraft. The deadline for closure may be extended by the department by up to 2 years if the owner or operator demonstrates that there is no available alternative disposal capacity and there is no immediate threat to human health and the environment. Note: Owners or operators proposing to site a new or expand an existing municipal solid waste landfill within a 5 mile radius of any airport runway end used by turbojet or piston type aircraft must notify the owner or operator of the affected airport and the federal aviation administration (FAA).
(f) Within 1,200 feet of any public or private water supply well.(g) Within 200 feet of a fault that has had displacement in Holocene time.(h) Within seismic impact zones.(i) Within unstable areas.(4) PERFORMANCE STANDARDS. No person may establish, construct, operate, maintain or permit the use of property for a landfill if there is a reasonable probability that the landfill will cause:(a) A significant adverse impact on wetlands as provided in ch. NR 103.(b) A take of an endangered or threatened species in accordance with s. 29.604, Stats.(c) A detrimental effect on any surface water.(d) A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design the point of standards application is defined by s. NR 140.22(1).(e) The migration and concentration of explosive gases in any landfill structures excluding the leachate collection system or gas control or recovery system components in excess of 25% of the lower explosive limit for such gases at any time. The migration and concentration of explosive gases in the soils outside of the limits of filling within 200 feet of the landfill property boundary or beyond the landfill property boundary in excess of the lower explosive limit for such gases at any time. The migration and concentration of explosive gases in the air outside of the limits of filling within 200 feet of the landfill boundary or beyond the landfill property boundary in excess of the lower explosive limit for such gases at any time.(f) The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07.Wis. Admin. Code Department of Natural Resources NR 504.04
Cr. January, 1988, No. 385, eff. 2-6-88; am. (1), (2) (a), (b), (3) (intro.), (a), (d), (4) (intro.), (a) (e), r. and recr. (3) (e), cr. (3) (g) to (i), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (a), Register, May, 1998, No. 509, eff. 6-1-98; CR 05-020: am. (2) (a), (b), (3) (d), (4) (b) and (f) Register January 2006 No. 601, eff. 2-1-06.Amended by, correction in (4) (f) made under s. 13.92(4) (b) 7, Stats., Register April 2017 No. 736, eff. 5/1/2017Amended by, correction in (4) (f) (Note) made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019Sections NR 445.04 and 445.05 were repealed effective 8-1-08.