Frequently Asked Questions
Landfill Location

• Who decides where a new landfill should be located?
• Can a municipality stop a landfill from being built within its boundaries?
• What impact does the presence of endangered species or historically sensitive features such as burial mounds have on the siting of a landfill on a given property?
• What kind of geologic conditions would be unsuitable for a landfill? What about karst geology (i.e., bedrock with solution features such as sinkholes and caves)?
• Why do landfill projects take up so much more land than they need for the actual landfill itself?

Who decides where a new landfill should be located?

No single person or agency determines where a landfill will be located. Landfills are sited through a complicated and sometimes contentious process designed to preserve the legal rights of all parties involved. It's important to understand that the DNR does not propose locations for landfills - landfill proposals are made by waste companies, municipalities and companies like utilities that generate large amounts of waste.

The landfill siting process is defined in ch. 289, Wis. Stats., and the NR 500 series of administrative rules that have been written to interpret ch. 289. These laws lay out the steps in the process as well as the roles played by the applicant proposing the landfill, the public, the Department of Natural Resources, and the local municipalities where the landfill is proposed to be located.

Generally the factors that go into determining where a landfill will be developed include:

• The location of other landfills - often a waste management company will attempt to expand an existing facility rather than build a new one from scratch, in order to take advantage of existing structures and established hauling routes.
• The locations where waste for the landfill will be generated - the closer the landfill to the places where waste is generated, the more efficient it is to transport the waste to the landfill.
• The presence or absence of physical constraints to landfill development, such as wetlands, lakes, rivers and floodplains, steep slopes, populated areas, public water supply wells, inappropriate soils or bedrock, highways, parks, and utility corridors.

There are very few (if any) perfect places for a landfill, necessitating compromises among landfill proponents, local residents, municipalities and the DNR. However, the DNR may not allow compromises to endanger the health and safety of citizens or the integrity of the natural environment.

Can a municipality stop a landfill from being built within its boundaries?

Because the Legislature believed solid waste disposal to be a public necessity like roads and wastewater treatment, the landfill siting process it established in Wisconsin law does not allow local municipalities to veto landfill proposals within their jurisdictions. Municipalities within 1,500 feet of a proposed landfill do have the authority to negotiate directly with the applicant for the landfill permit to settle issues such as protection of local property values; traffic, litter, noise, dust and odor concerns; times of operation; payment of host fees; monitoring of neighbors' water supply wells; and numerous other related issues. In addition, landfills are subject to pre-existing local zoning regulations, which may limit where a landfill can be built within the municipality. "Pre-existing" means the ordinance is in effect at least 15 months before submittal of a landfill initial site report or feasibility report to the DNR.

^{Note: This does not apply to small-size or intermediate-size construction and demolition landfills or one-time disposal landfills; these facilities are governed by requirements in ch. NR 503, Wis. Adm. Code.}

What impact does the presence of endangered species or historically sensitive features such as burial mounds have on the siting of a landfill on a given property?

The documented presence of endangered or threatened species on a property proposed for landfill development could require the proposal to be altered or even withdrawn in order to avoid or minimize damage to the species or its habitat. The DNR can, under very limited circumstances, allow the taking of an endangered or threatened species if the activity that causes the taking will not jeopardize the continued existence and recovery of the species or its ecological community and the benefit to public health, safety or welfare justifies the activity. For more information on endangered resources review procedures and resources.

Cultural heritage or archeological features can also affect a proposed landfill development project. The presence of a culturally or historically significant feature in an area proposed for landfill development requires an investigation to verify the presence of the resource, assess its condition and to determine whether it meets criteria for inclusion on the National Registry of Historic Places. If it does, the applicant must work with the department and the Wisconsin State Historical Society to evaluate whether impacts can be avoided and what kind of investigation and mitigation (e.g., excavation, relocation) strategies might be needed. Burial sites, particularly Native American ones, necessitate a higher level of scrutiny, and adverse impacts to such sites are rarely if ever authorized.

What kind of geologic conditions would be unsuitable for a landfill? What about karst geology (i.e., bedrock with solution features such as sinkholes and caves)?

Much of Wisconsin has geologic characteristics that are compatible with landfill development. Wisconsin has generally stable bedrock that is not subject to significant faulting and movement. In many areas, prehistoric glacial activity left behind a substantial blanket of clay or soil above bedrock that, in conjunction with conventional engineering features such as landfill liners, allows for efficient excavation and groundwater monitoring and effective containment of waste materials.

Geologic conditions that cause more concern include those where bedrock is near the surface and is fractured in a manner that makes groundwater more difficult to monitor using conventional methods. Of greater concern still are the limited areas of the state with shallow karst geology, where limestone and dolomite bedrock near the surface have been subject to dissolution and the formation of caves, cavities and sinkholes. Karst geology varies from small-scale dissolution features that do not compromise the integrity of the bedrock to large cavities that weaken the bedrock significantly. Specific locations within a region containing karst features may in fact be suitable for landfill development, as dissolution may only have affected the bedrock on a limited and localized scale.

The DNR carefully examines bedrock geology as part of its review of a proposed landfill's feasibility report. Where there is a potential for groundwater flow in fractures or the presence of bedrock dissolution features, DNR staff may require additional investigation to ensure that the proposed location is physically capable of supporting the weight of a landfill and that it can be monitored. These measures may go well beyond the minimum requirements in DNR rules. If the uncertainties about a site's geology are much greater than usual, the DNR may require the preparation of an Environmental Impact Statement, to assure development of a sufficiently detailed evaluation of the suitability of the proposed location for landfill development.

Why do landfill projects take up so much more land than they need for the actual landfill itself?

Landfills are required by state regulations to maintain a minimum of 100 feet between the fill boundary and the property line. In addition, a landfill operation involves other support structures that take up space, such as roads, office, scale, visual screening berms or plantings, soil stockpiles and borrow areas, maintenance shops, and surface water control structures such as detention ponds. Moreover, landfill operators prefer to maintain a significant distance between the landfill operation and neighboring properties to minimize the potential for nuisances such as dust, noise, odor and litter to adversely affect neighbors.