Section NR 504.10 - Alternative design criteria for landfills accepting high volume industrial wastes This section applies to landfills designed principally for high volume industrial waste, wood residue and minor amounts of other wastes as approved by the department. This section applies to all new landfills and to the expansion of existing landfills for which the plan of operation was approved after February 1, 1988. This section also applies to new and existing CCR landfills and lateral expansions of a CCR landfill.
(1) GENERAL. (a) An applicant may design a high volume industrial waste landfill to meet the standards contained in ss. NR 504.05 to 504.09 or may propose an alternative design in accordance with the provisions of this section.(b) If the applicant does not complete construction of the first major phase of the landfill within 2 years from the date of the plan of operation approval, the applicant shall reapply to the department for approval to construct the landfill. This application does not constitute a feasibility report as defined in s. 289.24, Stats. The department may require additional conditions of approval and require redesign of the landfill in accordance with state-of-the-art design criteria.(c) An owner or operator of a landfill which is designed primarily for disposal of high volume industrial waste may accept up to 10% by weight of municipal waste such as packaging which is generated in conjunction with the manufacturing process, and not be subject to the design requirements of s. NR 504.05 (1). Household and plant waste not generated as a direct result of the manufacturing process such as office and cafeteria waste, may not be disposed of in a landfill which does not meet the requirements of s. NR 504.05 (1).(2) DESIGN CAPACITY. Design capacity shall be in accordance with s. NR 504.05 (3).(3) DESIGN CRITERIA. An applicant seeking approval of an alternative design under this section shall demonstrate in the feasibility report required in ch. NR 512 that the alternative design adequately protects public health, welfare and the environment and meets or exceeds the location and performance standards of s. NR 504.04. The applicant may include the following types of information as a part of such a demonstration:(a) Landfill characteristics including regional and specific information on land use, geology, hydrology, hydrogeology and soils.(b) Waste characteristics including quantity and physical and chemical analyses of the waste and its leachate.(c) An analysis of any design to control geologic or hydrogeologic conditions of the site.(d) Field demonstration data.(e) Design and performance data for other similarly designed and constructed landfills.(f) Accepted scientific or engineering analyses or field studies, field plots, research, manufacturer's data or demonstrations.(g) For new and existing CCR landfills and any lateral expansion of a CCR landfill, a demonstration that the alternative design meets the federal requirements located under 40 CFR part 257, Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018. Note: The code of federal regulations may be obtained at www.ecfr.gov. Copies of 40 CFR part 257, Subpart D dated April 17, 2015 (80 FR 21468), as amended at 83 FR 36451, July 30, 2018 are available for inspection at the legislative reference bureau.
(4) APPROVAL CRITERIA. The department shall approve the alternative design proposed by the applicant if the department determines to a reasonable degree of certainty that the alternative design adequately protects public health, welfare and the environment and meets or exceeds the location and performance standards of s. NR 504.04.Wis. Admin. Code Department of Natural Resources NR 504.10
Cr. Register, June, 1996, No. 486, eff. 7-1-96.Amended by, CR 21-076: am. (intro.), cr. (3) (g) Register July 2022 No. 799, eff. 8/1/2022.