Wis. Admin. Code Department of Natural Resources NR 512.06

Current through October 28, 2024

Section NR 512.06 - Procedural requirements

An applicant shall comply with all applicable procedural requirements of ss. 289.21 to 289.32, Stats.

(1) LOCAL APPROVALS. An applicant shall submit a written request including the standard notice developed under s. 289.22(2), Stats., to each affected municipality for the specification of all applicable local approval requirements under s. 289.22(1m), Stats. An applicant subject to s. 289.33, Stats., shall apply for all applicable local approvals specified by a municipality under s. 289.22(1m), Stats., at least 120 days prior to submitting the feasibility report to the department. If the municipality either fails to respond within 15 days after the receipt of the written request from the applicant or indicates that there are no applicable local approval requirements, the applicant may submit the feasibility report 135 days after receipt by the municipality of the written request from the applicant or 120 days after receipt of the response from the municipality indicating that there are no local approval requirements, whichever occurs first. The feasibility report shall contain a copy of all requests for the specification of applicable local approvals, responses from affected municipalities regarding any applicable local approvals, the standard notice, and follow up applications for any applicable local approvals to document that this requirement has been met.

(2) SUBMISSION OF REPORTS. An applicant shall submit a feasibility report to the department in accordance with ss. 289.21 to 289.29, Stats. At the same time, the applicant shall submit a copy of the initial site report, the department's initial site report opinion, any applicable pre-feasibility report and the feasibility report to each participating municipality under s. 289.33(6) (b), Stats. The applicant shall notify the department of when and to whom the specified copies were submitted.

(3) COMPLETENESS. Within 60 days after a feasibility report is submitted, the department shall determine whether or not the feasibility report is complete. The department shall determine the completeness of the feasibility report by determining whether or not the items specified in the department's initial site report opinion letter and the minimum requirements of this chapter have been met. If the report is incomplete, the department shall notify the applicant in writing and specify the information which shall be submitted in an addendum before the feasibility report can be deemed complete. If the report is complete, the department shall publish a class I public notice in accordance with s. 289.25(3), Stats., and issue a preliminary determination stating whether or not an environmental impact statement is required. The department may require the applicant to submit additional information after determining that the feasibility report is complete if the department establishes that the feasibility of the proposed landfill cannot be determined without the additional information.

Wis. Admin. Code Department of Natural Resources NR 512.06

Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (2), (3), Register, June, 1996, No. 486, eff. 7-1-96.