Wis. Admin. Code NR 512.13
Constraints on landfill development
Cite as Wis. Admin. Code NR § 512.13
Constraints on landfill development.
Constraints on landfill development. The feasibility report shall contain a discussion of constraints for the development of the proposed landfill. This shall include:
(1) Locational criteria and performance standards. A demonstration that the proposed landfill will meet the locational criteria and performance standards under s. NR 504.04 , including documentation of abandoned water supply wells located within 1,200 feet of the proposed limits of waste. The documentation shall include a copy of the well abandonment report, if available, or, if a well abandonment report cannot be found, other evidence that demonstrates that it is likely the well no longer exists. If the applicant requests any exemptions to the locational criteria and performance standards listed under s. NR 504.04 , justification for the request shall be provided in the narrative section of the feasibility report. For a new CCR landfill or an expansion of a CCR landfill, all of the following also apply:
(a) 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.
(b) A facility or practice near a floodplain may not restrict the flow of the regional flood, reduce the temporary water storage capacity of the flood plain, or result in washout of solid waste, so as to pose a hazard to human life, wildlife, or land or water resources.
(c) A facility or practice may not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified under s. NR 27.03 (1) .
(2) Geotechnical information. An analysis of the geologic, hydrogeologic, topographic, and hydrologic features of the facility that may be favorable or unfavorable for landfill development. For a proposed vertical-only expansion, the analysis may be limited to topographic and hydrologic features unless otherwise directed by the department in writing.
(2m) Assessment of groundwater standard exceedances. An assessment of whether there is an attainment or exceedance of a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 in baseline or detection groundwater monitoring data, the cause and significance of the attainment or exceedance, and a request for an exemption under s. NR 140.28 and in accordance with s. NR 507.29 for all confirmed attainments or exceedances.
(3) Construction and operation. A discussion of materials and support services required for landfill construction and operation. These shall include leachate treatment alternatives, identification of and a detailed evaluation of the capability of any proposed wastewater treatment plants to treat the anticipated quality and quantity of leachate, quality and quantity of acceptable materials available for landfill liner and final cap, and any specialized engineering structures to support landfilling activities.
(4) Existing facility performance. For a proposed expansion of an existing landfill, the compliance status and performance of the existing landfill and each additional landfill on the property and adjacent properties owned or operated by the applicant shall be evaluated.
(5) Wetlands and surface waters. This section does not apply to storm water management structures such as basins and ditches permitted under ch. NR 216 , unless otherwise directed by the department in writing. The feasibility report shall include all of the following documentation:
(a) A copy of the assured wetland delineation report or a confirmed wetland delineation report for any wetland potentially impacted by the construction or operation of the proposed facility and one of the following:
1. The wetland permit application under s. 281.36 , Stats., and section 401 or 404 of the federal Clean Water Act ( 33 USC 1341 or 1344 ) for any proposed activities for which a permit is required.
2. A department and U.S. Army Corps of Engineers written determination that a permit is not required for each proposed activity related to each identified wetland.
(b) A copy of the department navigability and ordinary high water mark determination for any areas identified as a surface water or potential surface water and a copy of the surface water permit application under ch. 30 or 281 , Stats., for any proposed activities related to a surface water for which a permit is required.
(c) Copies of all navigable waters and wetland permits, under ch. 30 or 281 , Stats., and section 404 of the federal Clean Water Act ( 33 USC 1344 ) that have been obtained.
(d) Copies of any water quality certification under chs. NR 103 and 299 that have been obtained.