Power Plants: Solid Waste & Landfill

For some power plants using solid fuels (primarily coal) a new landfill may be needed to receive ash and other solid wastes. All new landfills and expansions of existing landfills must obtain both state and local approvals before construction. The state licensing process and the negotiation or arbitration of local approvals are two separate but concurrent processes.

The state licensing process, administered by the DNR, is a technical review to determine if the proposed landfill site and design meets all applicable public health and environmental standards. The local approvals process considers the local economic, social and land use impacts of the proposed facility. The applicant negotiates local approvals with affected local units of government. That process is overseen by the Waste Facility Siting Board, which arbitrates local approvals upon the landfill applicant's request.

A guidance report entitled Electric Utility Pre-CPCN Approvals and Applications [PDF 58KB] released in 2004 helps summarize waste-related requirements for proposed large electric generationfacilities of 100 megawatts or more.

State Approval Process

The state approval process includes five major steps mandated by Wisconsin State Law:

1. Initial Site Inspection
2. Initial Site Report
3. Feasibility Report
4. Plan of Operation Report
5. Construction Documentation

The feasibility report is the most critical step required for a new landfill (or expansion of an existing landfill). Obtaining a favorable feasibility determination from the DNR virtually assures the applicant that from a technical standpoint the landfill can be developed. The feasibility of the facility is primarily based on a hydrogeological investigation, the proposed engineering design, an evaluation of the waste management alternatives, the need for facility, and compliance with location and performance standards.

Landfills cannot be located within a floodplain or too close to surface water, highways, public parks, or water supply wells. They cannot have a negative impact on endangered or threatened species, critical habitat, or areas of natural, scientific, historic, or archaeological significance.

For a solid-fueled power plant, the WEPA process applies to the Feasibility Determination. It must consider impacts caused by any landfill required to dispose of ash or other solid waste. After the process has been completed, the reviewer summarizes the feasibility report and issues a public notice of completion that:

1. asks the public for comments on the proposal, and
2. informs the public of the opportunity for an informational or a contested case hearing on the technical feasibility of the proposal.

If no hearing is requested, or if an informational hearing is requested, a feasibility determination is written. If a contested case hearing is held, the feasibility determination must be made within 90 days after the contested case hearing. It is conducted like a court trial with witnesses, including the DNR reviewers, testifying under oath. This type of hearing is intended to address the technical issues of site feasibility including the need for the landfill and its ability to meet design and performance standards, protect public health, welfare, and the environment.

If a facility is deemed feasible, the applicant submits a Plan of Operation, which must meet performance standards and include specific design elements to address potential impacts. If a plan of operation is approved, the applicant may construct the landfill.

If a construction documentation approval is received, the applicant may apply for a license and begin accepting waste upon receiving it.

Negotiation/Arbitration of Local Approvals Process

In addition to the state licensing process, the applicant must obtain any applicable local approvals. These include any permits or approvals required by pre-existing local ordinances (zoning variances, building permits, etc.). Although local approvals are only needed before construction, as a practical matter, most applicants do not proceed with a plan of operation until the local approvals are resolved.

The local approvals process has two major steps— Negotiation and State Arbitration. An applicant for a new or expanded facility must apply for local approvals before submitting a feasibility report to the DNR. Affected municipalities within 1,200 feet the proposed landfill, and the county may negotiate with the applicant. The site owner may offer design, financial and operational incentives to the municipality in pursuit of a negotiated agreement.

Operational issues that may be negotiated include:

• hours of operation,
• waste materials accepted,
• nuisance control,
• lighting,
• vehicle routes and access,
• aesthetic screening and fencing,
• recycling efforts,
• private well monitoring and replacement, and
• post-closure site use.

Economic issues include:

• payments to local governments for local costs of regulation,
• fire control,
• road maintenance,
• payments in lieu of taxes,
• economic protection of neighboring property owners for loss of property value, and
• establishment of a local advisory committee.

If the parties are unable to reach a negotiated settlement, they may petition the Waste Facility Siting Board to issue a decision on the matter.

For more information on DNR's role in power plant permitting and solid waste and landfill issues please visit the Waste Management Program