Section NR 518.05 - Location and performance standards(1) GENERAL. An applicant submitting a landspreading plan shall demonstrate to the department that the proposed facility will comply with all of the location and performance standards of this section unless an exemption is granted.(2) EXEMPTIONS. Exemptions from compliance with subs. (3) (a) to (d) and (4) (a), (b), (e) and (f) may be granted only upon demonstration by the applicant of circumstances which warrant such an exemption. Exemptions from compliance with sub. (4) (c) will not be granted. Exemptions from compliance with sub. (4) (d) may be granted only according to the procedures set forth in ch. NR 140.(3) LOCATION STANDARDS. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within the following areas: (a) Within 100 feet of any navigable body of water.(b) Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within such other areas where a substantial potential bird hazard to aircraft would be created. This criteria is only applicable where a facility is used for disposing of putrescible waste.(c) Within 1,000 feet of public water supply wells or 200 feet of private water supply wells.(d) Within 500 feet of any residence, unless written consent is obtained from the resident. This distance may also be reduced for the residence of the property owner on whose land solid waste is spread.(4) PERFORMANCE STANDARDS. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within an area where there is a reasonable probability that the facility will cause: (a) A significant adverse impact on wetlands(b) A take of an endangered or threatened species or other activity prohibited under 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 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 structures or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.(f) The emission of any hazardous air contaminant exceeding the emission rate for that contaminant listed in ch. NR 445 or the total application rate of volatile organic compounds to exceed the limitation contained in s. NR 419.07(4) (e).Wis. Admin. Code Department of Natural Resources § NR 518.05
Cr. Register, January, 1988, No. 385, eff. 2-6-88, am. (1), (3) (intro.), (4) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (4) (f), Register, November, 1998, No. 515, eff. 12-1-98; CR 05-020: am. (4) (b) and (f) Register January 2006 No. 601, eff. 2-1-06.