Frequently Asked Questions
Landfill Siting Procedures

• What are the steps in siting a landfill?
• What is the DNR's role in determining where a landfill gets built?
• Can the DNR stop a landfill from being built?
• There are plenty of old landfills that are known to be leaking. Why does the DNR continue to approve new landfills?
• Does a new landfill siting proposal require an Environmental Impact Statement (EIS)?
• What rights does the public have to influence where a landfill can or can't be built?
• How is the siting process for a utility landfill different from other landfill projects?
• What regulations protect the environment and the public from potential adverse effects of a landfill being sited nearby?

What are the steps in siting a landfill?

A landfill siting project starts when a person, company or municipality determines that a landfill is needed within a certain area in order to serve the waste disposal needs of that area. At that point, ch. 289, Wis. Stats., divides the siting process into two separate but parallel tracks: local negotiation/arbitration, and the review of the permit application by the DNR.

The local negotiation/arbitration process allows affected municipalities (counties, villages, cities and towns within 1,500 feet of the proposed waste filling boundaries) to negotiate directly with the landfill applicant on a variety of issues. If negotiations fail to produce a local agreement, both the local municipalities and the landfill applicant must submit their positions to binding arbitration. There are specific provisions that define how affected municipalities form a negotiating committee for this purpose. The negotiation/arbitration process does not involve the DNR, but is overseen by the Wisconsin Waste Facility Siting Board under the process set out in s. 289.33, Wis. Stats.

At the same time, the landfill applicant must study the proposed landfill site and provide information to the DNR to enable the department to determine whether a landfill can be built without causing environmental or public health problems. The steps in this process include:

• An initial site inspection, during which DNR representatives determine whether the proposed landfill location is suitable relative to waterbodies, parks, roads and other physical features of the landscape as well as endangered resources and their habitat, water supply systems, historical structures and the like.
• An initial site report (ISR), which provides information on the regional geology and land use as well as the basic layout of the proposed landfill. In response to the ISR, DNR staff provide the applicant with an opinion on the suitability of the site for landfill development.
• An optional pre-feasibility report, a more detailed investigation of a site for which the DNR has issued a less-than-favorable ISR opinion but which an applicant believes may merit reconsideration based on additional field evidence.
• The feasibility report, in which an applicant presents a comprehensive and detailed investigation of the proposed landfill site for DNR review. The feasibility report contains field information on the surface features, geology and hydrogeology of the site, the amounts and types of waste to be disposed of, the basic design of the facility including a proposed monitoring program, an evaluation of whether the landfill is needed, and an analysis of alternatives to the landfill. The DNR must first ensure that the feasibility report is complete before issuing a determination on the feasibility of the landfill proposal.
• An environmental assessment (EA), which the DNR prepares once it has determined that the feasibility report is complete. The completeness of the feasibility report and the draft EA are subjected to public scrutiny through a 30-day public comment period and an opportunity for a public hearing. Approval of the feasibility report and certification of the EA by the DNR constitutes the major step in determining whether a landfill can be built from a technical and regulatory standpoint.
• The plan of operation, which includes a detailed design, construction specifications, operational procedures, monitoring requirements, and a plan for constructing and financing the landfill's closure and long-term maintenance.

Once a landfill proposal makes it through the above steps in the process, construction can proceed, subject to obtaining any other necessary state and local permits (such as an air quality permit, permits for surface water alterations under ch. 30, Wis. Stats., and local conditional use permits). The DNR reviews and inspects the constructed landfill to ensure that it was built in accordance with the approved plans, and finally issues an operating license which allows a landfill to begin receiving waste for disposal.

Additional information is available for Wisconsin's landfill siting process.

^{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 is the DNR's role in determining where a landfill gets built?

The DNR examines the proposed landfill project at each stage of the review process and determines whether the proposal meets regulatory requirements that protect public health and the environment. These requirements include locational restrictions listed in s. NR 504.04 (3), Wis. Adm. Code, and performance criteria in s. NR 504.04(4), Wis. Adm. Code. The DNR also ensures that correct legal procedures are followed during landfill siting.

Can the DNR stop a landfill from being built?

State law presumes that safe and orderly disposal of solid waste generated by Wisconsin citizens and businesses is a worthwhile public good. Therefore, ch. 289, Wis. Stats., does not authorize the DNR to stop landfills from being built, but rather requires it to ensure that proposed landfills are located, designed, constructed and operated in a manner that protects public health and the environment and in accordance with a process that respects the rights of the public to provide input. If the DNR's review discloses that a landfill cannot be built in a certain location without causing problems such as groundwater contamination above the state's groundwater quality standards, the DNR may not approve the landfill proposal.

There are plenty of old landfills that are known to be leaking. Why does the DNR continue to approve new landfills?

Prior to the 1980s, there were few regulations governing the design and construction of landfills. Older, leaking landfills are typically those that were designed without effective engineered features such as liners and leachate collection systems. Modern landfills are subject to much more stringent engineering standards that have established a good record of preventing leaks. The DNR believes that current standards are adequate to prevent landfills being sited today from adversely affecting the environment or the public.

Does a new landfill siting proposal require an Environmental Impact Statement (EIS)?

An Environmental Impact Statement is not automatically required for a new landfill proposal. DNR staff prepare a detailed environmental analysis for each landfill proposal above 500,000 cubic yards in capacity to determine if a full-scale EIS is needed. Because modern landfills are relatively well-understood engineering structures and are tightly regulated to limit adverse environmental impacts, only rarely does the department determine that an EIS is needed for a landfill project.

What rights does the public have to influence where a landfill can or can't be built?

Individual landowners can influence the location of a landfill by exercising property rights if they own the land proposed for development of a private, non-utility landfill. However, municipalities and public utilities have rights of eminent domain that may supersede private property rights in some cases.

Citizens can also influence future landfill sites by working through the local political process to establish zoning regulations and other local ordinances that protect valuable natural resources and provide for orderly industrial development including solid waste management. Citizens can also participate in governmental decisionmaking regarding zoning variances and conditional use permits that may affect landfill locations.

Once a landfill has been proposed for a location, the public can provide environmental information to the DNR at any stage in the review process. In addition, once the DNR determines that the applicant's feasibility report is complete, it publishes a notice in the local newspaper and provides a 30-day public comment period during which time it accepts formal comments on the environmental assessment and the feasibility report.

During the public comment period, ch. 289, Wis. Stats. provides opportunities to request either a public informational hearing or a contested case hearing to:

• a county, village, city or town;
• the applicant; or
• any 6 or more persons.

Note that the hearing can be treated as a contested case hearing (a formal legal proceeding that allows for pre-hearing discovery and cross-examination of witnesses in the preparation of a hearing record that will be the basis of the department's landfill permit decision) only if those requesting the hearing meet certain criteria itemized in s. 289.27 (1), Wis. Stats.

^{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.}

How is the siting process for a utility landfill different from other landfill projects?

There is no difference between the steps in the process followed by utility landfill projects versus those for other landfill, under DNR landfill rules. However, state statutes provide an accelerated timeline for the review of utility landfills connected with new power plant proposals, in order to ensure that Wisconsin maintains sufficient electric generating capacity for economic stability and growth. For the same reason, public utilities are also vested by state law with the power of eminent domain in certain circumstances.^*

Other regulatory reviews that power plant proposals must go through, such as those by the Public Service Commission, can affect the size and lifetime of a utility landfill but would not affect the landfill siting process or detailed requirements in DNR rules for siting, design, and construction and operation.

Because of the relatively inert and predictable characteristics of utility, foundry and other high-volume industrial wastes, the detailed landfill design requirements provide more flexibility for landfills that will contain only those wastes. These landfills must still meet the applicable locational and performance criteria in ss. NR 504.04 (3) and (4), Wis. Adm. Code.

^*More information on eminent domain [exit DNR] in Wisconsin is available at the Department of Commerce Web site.

What regulations protect the environment and the public from potential adverse effects of a landfill being sited nearby?

The DNR cannot allow a landfill to be built if it believes the locational and performance criteria of s. NR 504.04, Wis. Adm. Code, would be violated^*. These criteria provide strong protection of public health and the environment from the impacts of landfill development.

In addition to the locational and performance criteria, DNR regulations with respect to the design, construction and operation of landfills are some of the strongest in the nation. The NR 500 code series contains stringent requirements for liners, covers, leachate collection, testing and monitoring, slopes, gas control, surface water management, and operational procedures to ensure that impacts to the environment and the public from landfills are minimized. Landfills are also subject to federal and state air quality regulations, and both solid waste and air quality permits control emissions from landfills that might otherwise harm human health and the environment.

DNR staff enforce the regulations and the permit conditions with inspections during construction and operation of the landfill. Landfill operators are also required to set aside funds to ensure that their facilities are closed safely and maintained for at least 40 years after closure.

^{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.}

^{*The DNR is authorized to issue exemptions from certain locational and performance criteria only if the applicant demonstrates circumstances which warrant an exemption. To obtain an exemption, an applicant must show that the proposed facility will still meet all applicable environmental standards and regulations.}