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Modification of NR 504 and NR 812 to Coordinate Procedures for Granting Variances to Setback Distance between Landfills and Private Water Supply Wells
Purpose and Need
Currently NR 504 and NR 812, administered by two separate department programs, contain provisions allowing a variance from the minimum 1200-foot distance between a landfill and a private water supply well. The rules apply different standards, timelines and information requirements for variance applications, meaning that one program may issue a variance and the other program may deny a variance for the same set of circumstances. The department is working to reconcile the variance provisions in the two codes so that a unified decision regarding the setback can be made at one point in time on the basis of protection of the water quality to the well and the integrity of the aquifer, in a manner that protects the rights both of the landfill owner and the private well owner. The department has formed a Technical Advisory Committee to help revise the two rules.
Process and Timeline
The department began its work on draft rule language with the technical advisory committee (TAC) in early 2008. The TAC met in February, March, April, September and November of 2008. The department is drafting revised code language based on the November meeting and hopes to receive support from the TAC soon to present the proposed rule language to the Natural Resources Board (NRB) in the spring or summer of 2009. The department will seek the NRB's permission to hold public hearings to obtain input on the rule language. Following the hearings the department would consider comments received, develop final rule language with input from the TAC and present it to the NRB for adoption.
If you have questions about the proposed rule language, hearings or the process, please contact Brad Wolbert at (608) 264-6286 or Jack Connelly at (608) 267-7574.
Advisory Committee Members
Members of the Technical Advisory Committee are:
- Connie Bevry, Private Well Owner
- Andrea Gregg, Veolia Environmental Services
- Tom Karwoski, BT2
- Jeff Kramer, Sam's Well Drilling
- Lynn Morgan, representing Waste Management of Wisconsin
- Robert Regan, Dane County Public Works
- Rick Stadelman, Wisconsin Towns Association
Committee Meetings
- February 14, 2008
- March 18, 2008
- April 29, 2008
- September 9, 2008
- November 25, 2008
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