Register March 2017 No. 735
Chapter NR 502
SOLID WASTE STORAGE, TRANSPORTATION, TRANSFER, INCINERATION,
AIR CURTAIN DESTRUCTORS, PROCESSING, WOOD BURNING,
COMPOSTING AND MUNICIPAL SOLID WASTE COMBUSTORS
NR 502.01   Purpose.
NR 502.02   Applicability.
NR 502.03   Definitions.
NR 502.04   General requirements.
NR 502.05   Storage facilities.
NR 502.06   Collection and transportation services.
NR 502.07   Transfer facilities.
NR 502.08   Solid waste processing facilities.
NR 502.09   Incinerators.
NR 502.10   Air curtain destructors.
NR 502.11   Woodburning facilities and open burning.
NR 502.12   Yard, farm, food residuals and source-separated compostable material composting facilities.
NR 502.13   Municipal solid waste combustors.
Ch. NR 502 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.
NR 502.01 NR 502.01Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally accepted solid waste management procedures are practiced in this state and to outline the requirements regarding licensing and operational requirements for solid waste storage, transportation, transfer, incinerators, air curtain destructors, processing, woodburning, composting and municipal solid waste combustors. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats.
NR 502.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. Register, May, 1992, No. 437, eff. 6-1-92; am. Register, June, 1996, No. 486, eff. 7-1-96.
NR 502.02 NR 502.02Applicability.
NR 502.02(1) (1) Except as otherwise provided, this chapter governs all solid waste storage, transportation, transfer, incinerators, air curtain destructors, processing, woodburning, composting, and municipal solid waste combustors 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; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats.
NR 502.02(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 502.02(3) (3) This chapter does not apply to the design, construction or operation of facilities used solely for the treatment of municipal wastewater sludge as defined and regulated under ch. NR 204.
NR 502.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1992, No. 437; am. (1), cr. (3), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15.
NR 502.03 NR 502.03Definitions. The terms used in this chapter are defined in s. NR 500.03.
NR 502.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88.
NR 502.04 NR 502.04General requirements. All facilities regulated under this chapter shall comply with the following requirements:
NR 502.04(1) (1)Performance standards.
NR 502.04(1)(a)(a) Unless an exemption is granted by the department under par. (b), no person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter, or any non-commercial soil borrow source designated to be used in the construction of a specific facility regulated under this chapter, within an area where there is reasonable probability that the facility will cause any of the following:
NR 502.04(1)(a)1. 1. A detrimental effect on any surface water.
NR 502.04(1)(a)2. 2. A significant adverse impact on wetlands as provided in ch. NR 103.
NR 502.04(1)(a)3. 3. A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventative action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design, the point of standards application is defined by s. NR 140.22 (1).
NR 502.04(1)(a)4. 4. A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats.
NR 502.04(1)(a)5. 5. The migration and concentration of explosive gases in any facility structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.
NR 502.04(1)(a)6. 6. The emission of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.07.
NR 502.04(1)(b) (b) Exemptions from the requirements of par. (a) 4. to 6. may be granted by the department only upon demonstration by the applicant of circumstances which warrant the exemption. Exemptions from compliance with par. (a) 3. may be granted only according to the procedures in ch. NR 140. Exemptions from compliance with par. (a) 2. may be granted only in accordance with the standards in ch. NR 103. Exemptions from compliance with par. (a) 1. may not be granted.
NR 502.04(2) (2)Initial site inspection.
NR 502.04(2)(a)(a) Any person intending to establish or expand a solid waste facility listed in subds. 1. to 8. which is subject to locational criteria under this chapter or a soil borrow source listed in subd. 9. shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter:
NR 502.04(2)(a)1. 1. Noncontainerized storage facilities.
NR 502.04(2)(a)2. 2. Transfer facilities.
NR 502.04(2)(a)3. 3. Processing facilities.
NR 502.04(2)(a)4. 4. Incinerator facilities.
NR 502.04(2)(a)5. 5. Air curtain destructor facilities.
NR 502.04(2)(a)6. 6. Woodburning facilities.
NR 502.04(2)(a)7. 7. Composting facilities.
NR 502.04(2)(a)8. 8. Municipal solid waste combustor facilities.
NR 502.04(2)(a)9. 9. Non-commercial soil borrow source designated to be used in the construction of a specific solid waste facility listed in subds. 1. to 8.
NR 502.04(2)(b) (b) The written request for initial site inspection shall comply with s. NR 500.05 (5) to (8) and shall contain a cover letter identifying all of the following:
NR 502.04(2)(b)1. 1. The applicant and authorized contact.
NR 502.04(2)(b)2. 2. Type of facility and operation proposed.
NR 502.04(2)(b)3. 3. Property ownership.
NR 502.04(2)(b)4. 4. Location by quarter — quarter section.
NR 502.04(2)(b)5. 5. Present land use.
NR 502.04(2)(b)6. 6. All potential conflicts with the performance standards listed in sub. (1).
NR 502.04(2)(c) (c) The written request for initial site inspection for solid waste facilities listed in par. (a) 1. to 8. shall contain all of the following additional information:
NR 502.04(2)(c)1. 1. Identification of any known potential impacts to endangered and threatened species in accordance with s. 29.604 (4), Stats., and the federal endangered species act or historical, scientific or archeological areas in accordance with s. 44.40, Stats., including any prior studies or surveys conducted at the proposed site.
NR 502.04(2)(c)2. 2. An enlarged 7.5 minute USGS map or other base map having a minimum scale of 1 = 500 feet. The map scale and contour intervals shall be revised as necessary to sufficiently show relief, surface waters, floodplains, existing land use conditions and all water supply wells and residences located within one mile of the property boundaries of the proposed facility.
NR 502.04 Note Note: One copy of the information required by pars. (b) and (c) shall be submitted to the department's field office responsible for the area in which the facility is proposed to be located, and one copy shall be submitted to the department's solid waste management section in Madison.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.