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Waste & Materials Management Program announcements and public comment opportunities

Public comment opportunities from the DNR's Waste & Materials Management Program are available on this page. You can also view DNR-wide public hearings, meetings and public comment opportunities.

There is one comment opportunity following a public meeting on a low hazard exemption request for dredged material disposal.

 

EIS

Environmental Impact Statement (EIS)

Most waste and materials management projects do not require an EIS. However, the department may determine to follow the EIS process on a case-by-case basis.

An EIS is an evaluation of how taking an action may affect the environment. Among other things an EIS takes a look at project alternatives, impacts the proposed project may have on the environment compared to the alternatives, an evaluation of the positive and negative impacts of the project, the precedent that may be established and the degree of risk. The EIS process requires prior environmental analysis, public notice of the EIS, a public hearing and a WEPA compliance determination.

Landfill Feasibility

Solid Waste Landfill Feasibility

Under s. 289.23, Wis. Stats., a landfill owner proposing a new landfill or an expansion of an existing landfill must submit a detailed feasibility report to the DNR. Once the DNR determines the report is complete -- i.e., it contains all the elements required by Wisconsin Administrative Code -- the report and its associated documents are posted on our website for public review and comment. This is also an opportunity for qualified persons to request an informational hearing or a contested case hearing. Section 289.26, Wis. Stats., provides a 30-day deadline for public comments and hearing requests to be submitted.

Chapter NR 512, Wis. Adm. Code, specifies the minimum information that must be included in a feasibility report. This includes:

  • a comprehensive and detailed site-specific geologic and hydrogeologic investigation that includes baseline groundwater quality data;
  • a preliminary engineering design;
  • an environmental analysis is conducted;
  • documentation of the need for the proposed landfill; and
  • an analysis of the alternatives to landfilling, such as waste reduction, reuse, recycling, composting and energy recovery initiatives and services.

After the public comment period has ended, the DNR issues a feasibility determination which, if positive, allows the applicant to proceed with development of a detailed plan of operation for the proposed landfill. The feasibility determination will include a determination of compliance with WEPA and NR 150, Wis. Adm. Code.

Current Opportunities

Notice of Feasibility Report and Preliminary Environmental Impact Decisions for the Proposed Orchard Ridge Landfill Eastern Expansion, Southern Unit, located in the Village of Menomonee Falls, Waukesha County, Wisconsin. The facility’s DNR license number is 4491.

Find more details about a public hearing held May 18, 2021.

TSD Feasibility

Hazardous waste treatment, storage and disposal facility (TSD) feasibility

Once the DNR determines the hazardous waste treatment, storage and disposal facility feasibility and plan of operation report (FPOR) is complete, the department prepares a public notice, a radio announcement, an environmental analysis and a preliminary determination on the FPOR. These are now being posted by the DNR on our website for public review and comment.

Chapters NR 664 and NR 670, Wis. Adm. Code, specify hazardous waste treatment, storage and disposal (TSD) facility standards and hazardous waste licensing and decision making procedures. The feasibility determination will include a determination of compliance with WEPA and NR 150, Wis. Adm. Code.

Current Opportunities

There are no public comment opportunities related to hazardous waste facilities at this time.

Prior Compliance

Prior Compliance Announcements

A prior environmental analysis of an action can be used to demonstrate WEPA compliance for future actions that are similar in kind, scale and environmental setting. A determination that the prior environmental analysis meets the prior compliance requirements for the new action and public notice of the prior compliance determination are required in most waste program cases, except for Class 1 and Class 2 TSD facility plan modifications that are actions where prior compliance is defined by rule. An overall WEPA compliance determination is required for all actions using prior compliance.

Current Opportunities

There are no prior compliance notices at this time.

Dredged Disposal Meeting

Meetings for Dredged Material Disposal

Wisconsin law (s. 289.54, Wis. Stats.) requires the DNR to hold a public meeting before issuing an approval or grant of exemption for disposal or reuse of dredged material. The law applies to all proposals where someone is proposing to dispose of dredged material in a landfill, whether licensed or approved or not, dispose in accordance with a land spreading plan of operation, or dispose of or beneficially reuse dredged material subject to a grant of exemption under the low hazard exemption of s. 289.43 (8), Wis. Stats. The public meeting requirement does not apply to facilities for disposal of dredged material that meets the exemption from licensing and plan review requirements under s. NR 500.08 (3), Wis. Adm. Code.

At the public meeting, the DNR will describe the nature of the requested disposal and solicit public comment.

Public meeting for a low hazard waste exemption request for the disposal of dredged material at the proposed Dredge Material Management Facility (DMMF) located in the city of Milwaukee - May 20, 2021

Comment deadline: Written comments on the proposed low hazard waste exemption are invited until June 19, 2021, at 4:30 p.m. All written comments received by the department postmarked on or before that date will be given the same weight and effect as oral testimony presented at the meeting.

Project documents

Warning: Several of these files are large, so downloading may take a few minutes on slow internet connections. The documents available here can also be viewed at one of the locations listed in the public notice.

Documents prepared and submitted on behalf of the project applicant, the Milwaukee Metropolitan Sewerage District:

Low Hazard Exemption request

Final Design Report

Documents prepared by the Wisconsin Department of Natural Resources:

Revision to State Statutes to Permit the MMSD to Construct the DMMF

In a section describing MMSD’s authorized shoreland projects, the Wisconsin statutes are being amended to replace “Shore Protection Projects” with “Area of Concern Project” to allow financing and constructing a dredged material management facility: 

AN ACT to repeal 200.35 (14) (d) 2., 3. and 4. and 200.35 (14) (e) and (g); to amend 200.35 (14) (title), 200.35 (14) (a) 2., 200.35 (14) (b) and 200.35 (14) (c); to repeal and recreate 200.35 (14) (d) 1.; and to create 200.35 (14) (d) 2m. of the statutes; relating to: authorization for metropolitan sewerage districts containing a first-class city to finance and construct a dredged material management facility located in the city of Milwaukee.

During the May 20, 2021, public information meeting, the following wording was incorrectly stated, and included in the chat box, at the end of the above citation:

"and requiring allocation of a portion of federal moneys received from the American Rescue Plan Act of 2021 toward construction of a dredged material management facility."

Public Hearings

Public Informational Hearings

Under s. 289.26, Wis. Stats., within 30 days after the notice under s. 289.25 (3) is published for a solid waste disposal facility, or within 45 days after the notice under s. 289.25 (3) is published for a hazardous waste facility, any county, city, village or town, the applicant or any 6 or more persons may file a written request for an informational hearing on the matter with the DNR. The request shall indicate the interests of the municipality or persons who file the request and state the reasons why the hearing is requested.

In accordance with s. 299.17, Wis. Stats., to the greatest extent possible, the DNR shall publish on the DNR's website the current status of any application filed with the DNR for a permit, license or other approval under sections 281 to 285 or 289 to 299, Wis. Stats. The information shall include notice of any hearing scheduled by the DNR with regard to the application.

Public Informational Hearing on the Proposed Orchard Ridge Eastern Expansion – Southern Unit Landfill in the Village of Menomonee Falls - May 18, 2021

Comment deadline: The deadline for written comments was May 28. The DNR will make a determination on landfill feasibility by July 27, 2021.

Contact information
For information, contact:
David M. Buser
Hydrogeologist
DNR Waste and Materials Management Program
Project documents

Warning: Several of these files are large, so downloading may take a few minutes on slow internet connections. The documents available here can also be viewed at one of the locations listed in the public notice.

Documents prepared by the DNR:

Documents prepared and submitted on behalf of the landfill applicant:

Feasibility Report

Feasibility Report Appendices

Feasibility Report Addendum 1

Feasibility Report Addendum 2 (added April 19, 2021)

Additional information reviewed by the DNR:

Waste Investigation Report (SCS 2020), Part 1

Waste Investigation Report (SCS 2020), Part 2

Wetland and Waterway Permit Application - The proposed landfill expansion is related to the following permits:

  • IP-SE-2020-68-02757 (IP- Culvert)
  • IP-SE-2020-68-02759 (IP- Pond - Storm water pond)
  • IP-SE-2020-68-02760 (IP- Stream realignment)
  • IP-SE-2020-68-02761 (IP- Wetland disturbance)

Information about the project application materials can be found by searching for WP-IP-SE-2020-68-X08-14T07-44-39 on the DNR's permit tracking website.

DNR water permits page