Register May 2012 No. 677
Chapter NR 500
GENERAL SOLID WASTE MANAGEMENT REQUIREMENTS
NR 500.01   Purpose.
NR 500.02   Applicability.
NR 500.03   Definitions.
NR 500.04   Initial site inspection.
NR 500.05   General submittal requirements.
NR 500.06   License applications.
NR 500.065   License issuance.
NR 500.07   Review times.
NR 500.08   Exemptions.
NR 500.09   Construction inspection.
NR 500.10   Exemption for use of municipal solid waste as a fuel.
NR 500.11   Enforcement.
Ch. NR 500 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500, eff. 9-1-97.
NR 500.01 NR 500.01 Purpose. The purpose of this chapter is to provide definitions, submittal requirements, exemptions and other general information relating to solid waste facilities. This chapter is adopted pursuant to s. 227.11, Stats., and ch. 289, Stats.
NR 500.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.
NR 500.02 NR 500.02 Applicability.
NR 500.02(1)(1) Except as otherwise provided, this chapter governs all solid waste facilities as defined in s. 289.01 (35), Stats., except hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679, and metallic mining operations as defined in s. 293.01 (5), Stats., and regulated under ch. NR 182.
NR 500.02(2) (2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste.
NR 500.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1992, No. 437; am. (1), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.
NR 500.03 NR 500.03 Definitions. The following definitions as well as the definitions in chs. 289 and 299, Stats., are applicable to the terms used in chs. NR 500 to 538 unless the context requires otherwise.
NR 500.03(1) (1) "ACL" means alternative concentration limit.
NR 500.03(2) (2) "Active facility life" means the period of operation beginning with the initial receipt of solid waste at a facility until the department issues a closure and long term care license in accordance with s. NR 520.04 (3) or, if a closure and long term care license is not required, until the facility ceases to accept waste and has completed all closure activities in accordance with chs. NR 500 to 538 and any applicable plan approvals.
NR 500.03(3) (3) "Air curtain destructor" means a solid waste facility that combines a fixed wall, open pit and mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless combustion of clean wood, brush, stumps or trees.
NR 500.03(4) (4) "Airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available airport facilities.
NR 500.03(5) (5) "Alternative concentration limit" has the meaning specified in s. NR 140.05 (1m).
NR 500.03(6) (6) "Anti-seep collar" means a device which is attached to a leachate transfer pipe to prevent the migration of leachate along the pipe.
NR 500.03(7) (7) "Applicant" means a person applying for a license or approval for a solid waste facility.
NR 500.03(8) (8) "Approved facility" has the meaning specified in s. 289.01 (3), Stats.
NR 500.03(9) (9) "Approved plan of operation" means a plan of operation approved under s. 289.30 (3), Stats.
NR 500.03(9m) (9m) "Areas of special natural resource interest" has the meaning in s. 30.01 (1am), Stats., and as identified in s. NR 1.05.
NR 500.03(10) (10) "Areas susceptible to mass movement" means those areas characterized as having an active or substantial possibility of mass movement where the movement of earth material at, beneath, or adjacent to the landfill, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, solifluction, block sliding, and rock fall.
NR 500.03(11) (11) "Aquifer" means a geologic formation, group of formations or part of a formation which are saturated and can transmit economic quantities of groundwater.
NR 500.03(12) (12) "Asbestos" means any material which contains fibrous chrysotile, crocidolite, amosite minerals or the fibrous varieties of anthopyllite, tremolite and actinolite.
NR 500.03 Note Note: Asbestos containing material is further defined in subs. (25), (26), and (91).
NR 500.03(13) (13) "Assessment monitoring" means groundwater monitoring conducted at Subtitle D wells in accordance with s. NR 508.04 when a groundwater standard is attained or exceeded at a Subtitle D well.
NR 500.03(14) (14) "ASTM method", "ASTM standard" or "ASTM-" means a method or standard recognized and published by ASTM International.
NR 500.03(14m) (14m) "ASTM International" means American Society for Testing and Materials International, located at 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, (610) 832-9585, www.astm.org
NR 500.03(15) (15) "Background groundwater quality" has the meaning specified in s. NR 140.05 (3).
NR 500.03(16) (16) "Base grade" means the elevation of a facility or portion of a facility following placement of the liner but prior to the placement of any granular drainage blanket.
NR 500.03(17) (17) "Baseline" means groundwater quality at a point that is measured after the parameters have stabilized following installation of a monitoring well.
NR 500.03(18) (18) "Bedrock" means all rock formations at or beneath the land surface.
NR 500.03(19) (19) "Beneficial use" or "beneficial reuse" means the utilization of a solid waste or an industrial by-product in a productive manner.
NR 500.03(20) (20) "Bird hazard" means an increase in the likelihood of a bird and aircraft collision that may cause damage to the aircraft or injury to its occupants.
NR 500.03(20m) (20m) "Borrow source" means a location where nonmetallic mining, as defined in s. NR 135.03 (13), is conducted for soils and aggregates used in landfill construction, operation and closure.
NR 500.03(20r) (20r) "Botanical residuals" means compostable materials and associated mineral soils derived from commercial and noncommercial horticultural activities such as greenhouse and plant nursery operations.
NR 500.03(21) (21) "Building materials" means non-combustible construction material including brick, concrete and drywall.
NR 500.03(22) (22) "Bulk blood and body fluids" means drippable or pourable quantities or items saturated with whole blood or blood components, blood specimens, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, amniotic fluid, peritoneal fluid, peritoneal dialysate, pericardial fluid, pleural fluid and other body fluids visibly contaminated with blood.
NR 500.03(23) (23) "Capital expenditures" has the meaning specified in s. 289.41 (1) (am), Stats.
NR 500.03(24) (24) "Captive insurance company" means a closely-held company owned by one or more organizations, parents, whose original purpose was and may continue to be, to insure some or all of the risks of shareholders or affiliated organizations.
NR 500.03(25) (25) "Category I nonfriable asbestos containing material" has the meaning specified in s. NR 447.02 (1) (a).
NR 500.03 Note Note: Section NR 447.02 (1) (a) defines category I nonfriable asbestos-containing matter to mean "asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in s. NR 484.04, that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure."
NR 500.03(26) (26) "Category II nonfriable asbestos containing material" has the meaning specified in s. NR 447.02 (1) (b).
NR 500.03 Note Note: Section NR 447.02 (1) (b) defines category II nonfriable asbestos-containing matter to mean "any material, excluding Category I nonfriable ACM, containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure."
NR 500.03(27) (27) "Certificate of deposit" means a certificate issued by a bank or financial institution acknowledging receipt of a specified sum of money in a special kind of time deposit, drawing interest and requiring written notice for withdrawal.
NR 500.03(28) (28) "CFR" means the code of federal regulations.
NR 500.03(29) (29) "Class A compost" means compost derived from source-separated compostable materials that meets the requirements of s. NR 502.12 (16).
NR 500.03(30) (30) "Clay" means all soil particles less than .005 mm.
NR 500.03(30g) (30g) "Clean chipped wood" means unpainted, untreated and unlaminated wood that has been chipped, ground or shredded into small pieces and is free from contamination by bonding agents, dyes, finishes, chemical preservatives, or physical contaminants such as metal or plastic.
NR 500.03 Note Note: Chapter NR 40 governs the identification, classification and control of invasive species in Wisconsin. Proper screening of compost feedstock materials and achievement of appropriate temperatures and residence times can help prevent the spread of viable seeds or other propagules of invasive species through compost.
NR 500.03(30r) (30r) "Clean sawdust" means sawdust from processing of unpainted, untreated and unlaminated wood that is free from contamination by bonding agents, dyes, finishes, chemical preservatives, or physical contaminants such as metal or plastic.
NR 500.03(31) (31) "Clinic" has the meaning given in s. 287.07 (7) (c) 1. a., Stats.
NR 500.03(32) (32) "Closing" has the meaning specified in s. 289.01 (5), Stats.
NR 500.03(33) (33) "Closure" means those actions to be taken by the owner or operator of a solid waste facility to prepare the facility for long-term care and to make it suitable for other uses.
NR 500.03(34) (34) "Closure period" means the 90-day period after the facility ceases to accept waste, unless otherwise specified in the approved plan of operation.
NR 500.03(35) (35) "Closure plan" means a written report and engineering plans detailing those actions that will be taken by the owner or operator to effect proper closure of a solid waste facility.
NR 500.03(36) (36) "Coarse-grained soil environment" means a soil environment in which a majority of the material within 25 feet of the proposed sub-base of the facility has less than 50% by weight passing the #200 sieve and which contains no extensive and continuous deposits of fine-grained or plastic soils.
NR 500.03 Note Note: The determination as to whether a soil environment meets the definition of a coarse-grained soil environment shall be based on an interpretation of soil stratigraphy after consideration is given to the deposition and origin of the deposits and their engineering classification under the unified soil classification system specified in ASTM standard D2487-00 (2000). Copies of the standard may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, (610) 832-9585, www.astm.org. Copies of the standard are available for inspection at the offices of the department of natural resources, the secretary of state and the legislative reference bureau.
NR 500.03(37) (37) "COD" means chemical oxygen demand.
NR 500.03(38) (38) "Collection" means the physical aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to a facility for transfer, processing, treatment or disposal.
NR 500.03(39) (39) "Collection and transportation service" means a solid waste facility which utilizes containers, vehicles or other means for the collection and transportation of solid waste.
NR 500.03(40) (40) "Collection basin lysimeter" means a device which is constructed with a geomembrane for monitoring the unsaturated zone.
NR 500.03(41) (41) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing activities, excluding residential and industrial wastes.
NR 500.03(42) (42) "Company" has the meaning specified in s. 289.41 (1) (b), Stats.
NR 500.03(43) (43) "Completeness determination" means a determination by the department that the minimum submittal requirements established by chs. NR 500 to 538 for a plan or report have been met.
NR 500.03(44) (44) "Compost" means a material which has been decomposed by composting to the extent that the material will not significantly reheat due to action of microorganisms when subjected to optimum oxygen, moisture, nutrients, and thermal conditions.
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