Wis. Admin. Code NR § 520.05

Current through May 28, 2024

Section NR 520.05 - Financial responsibility for closure, long-term care and remedial actions

(1) OWNER'S RESPONSIBILITY. The owner of any landfill is responsible for its closure, for any remedial actions required by the department, and for its perpetual long-term care. Owners of landfills or other solid waste facilities shall provide proof of financial responsibility as determined by Table 1 and the remainder of this chapter. Those facilities required to provide proof of financial responsibility shall submit the proof as part of their operating license and annually thereafter for the period of active facility life, or longer where required, to ensure compliance with closure, long-term care or remedial actions.

Table 1 Proof of Owner Financial Responsibility

Facility Type	Closure Proof	Minimum LTC Proof Period	Subject to Remedial Action Proof
1. Approved Land Disposal Facilities
a. Last Plan of Operation approved before 8/8/89 and permanently ceased accepting waste before 8/15/91.	Yes	20 or 30 years based on original choice of owner	No
b. Last Plan of Operation approved before 8/8/89 and accepted waste on or after 8/15/91.	Yes	40 years	Yes, if a MSW Landfill accepting waste after July 1, 1996.
c. Last Plan of Operation approved on or after 8/8/89.	Yes	40 years	Yes, if a MSW Landfill accepting waste after July 1, 1996.
2. Non-Approved Land Disposal Facilities
a. Not a MSW Landfill or a MSW landfill which did not accept waste after October 8, 1993.	No	No LTC proof required	No
b. MSW Landfill which accepted waste after October 8, 1993 but permanently stopped prior to July 1, 1996	Yes	40 years	No
c. MSW Landfill which accepted waste after July 1, 1996.	Yes	40 years	Yes
3. Demolition Waste Landfills Regulated under Ch. NR 503
a. Small	If required in Department Plan Approval.	If required in Department Plan Approval.	No
b. Intermediate	Yes	40 years	No
4. Transfer, Storage, Processing, Incinerator, and Combustor Facilities	If required in Department Plan Approval.	If required in Department Plan Approval.	No

(2) SUCCESSORS IN INTEREST. Any person acquiring rights of ownership, possession or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the facility obtains department approval of proof of financial responsibility.

Wis. Admin. Code Department of Natural Resources § NR 520.05

Cr. Register, January, 1988, No. 385, eff. 2-6-88, r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; r. (2) and (3), Register, August, 1997, No. 500, eff. 9-1-97.