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.
NR 502.04(2)(d) (d) The department shall conduct an initial site inspection within 22 business days of receipt of a written request which complies with the requirements of this subsection. Depending on the season, follow up inspections may be necessary to identify any obscured features of the proposed property such as wetlands. Within 22 business days of completing the inspection, the department shall render a preliminary opinion regarding the suitability of the site location and identify any additional studies or information that is to be submitted to determine if a proposed solid waste facility or soil borrow source complies with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter. A favorable opinion from the department under this paragraph does not guarantee that performance standards or locational criteria will be met.
NR 502.04(3) (3)Closure. Except as otherwise specified in this chapter or in a department issued approval, the owner or operator of any facility regulated under this chapter, or any person who permits the use of property for such purposes, shall at a minimum complete all of the following:
NR 502.04(3)(a) (a) Within 5 calendar days after ceasing to accept waste at the facility, remove all putrescible waste and containerize, properly utilize or dispose of all other waste.
NR 502.04(3)(b) (b) Within 60 days after ceasing to accept waste at the facility, remove all waste.
NR 502.04(3)(c) (c) Unless otherwise specified in a department issued approval, the following minimum requirements shall also be met by the owner or operator of a facility for which a plan of operation is required under this chapter:
NR 502.04(3)(c)1. 1. At least 60 days prior to ceasing to accept waste at the facility for an extended period, the department shall be notified in writing and a sign shall be posted in a prominent location notifying users of the date on which the facility will cease to accept waste. In the case of ceasing to accept waste for an extended period due to unplanned and unforeseeable circumstances, such as fire or equipment failure, department notification and sign posting shall be completed as soon as practical. Alternatives to posting a sign may be implemented with department concurrence for facilities which are not open to the general public.
NR 502.04(3)(c)2. 2. Within 60 days of ceasing to accept waste, the facility shall be closed in accordance with the approved plan of operation.
NR 502.04 Note Note: Fees for plan review, license and other applicable items are charged in accordance with ch. NR 520. Licenses for facilities regulated under this chapter are transferrable.
NR 502.04(4) (4)Environmental review. The department may require an applicant for an initial license or for approval of expansion of an existing solid waste facility listed in the following pars. (a) to (f) to submit information with the plan of operation report as specified by the department to determine the need for an environmental impact report or environmental impact statement:
NR 502.04(4)(a) (a) Noncontainerized storage facilities.
NR 502.04(4)(b) (b) Transfer facilities.
NR 502.04(4)(c) (c) Processing facilities.
NR 502.04(4)(d) (d) Incinerator facilities.
NR 502.04(4)(e) (e) Composting facilities.
NR 502.04(4)(f) (f) Municipal solid waste combustor facilities.
NR 502.04(5) (5)Environmental monitoring. The department may require the owner or operator of any facility for which a plan is required under this chapter, or any person who permits the use of property for such purposes, to conduct environmental monitoring in accordance with ch. NR 507 and plans approved by the department, including surface water, groundwater, unsaturated zone or gas monitoring. The department may require monitoring after closure of the facility.
NR 502.04(6) (6)Financial responsibility. The department may require the owner or operator of any facility for which a plan is required under this chapter to provide proof of financial responsibility for the cost of closure of the facility. The department may require the owner or operator to submit closure cost estimates for removal, transport and ultimate disposal of the wastes. If proof of financial responsibility is required by the department, it shall be submitted prior to licensing of the facility, or as otherwise specified by the department.
NR 502.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr, Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: r. and recr. (1) (a) 4., rn. (2) (c) 1. and 2. to be (2) (c) 1. and r. and recr., renum. (2) (c) 3. to be (2) (c) 2. Register January 2006 No. 601, eff. 2-1-06; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.
NR 502.05 NR 502.05Storage facilities.
NR 502.05(1) (1)General.
NR 502.05(1)(a)(a) Unless exempt under sub. (2), (3) (b) or (d) to (i), owners and operators of solid waste storage facilities shall comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.05(1)(b) (b) Unless exempt under sub. (2) or (3) (a) to (j), all new or expanded solid waste storage facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with the applicable locational criteria listed in sub. (4).
NR 502.05(1)(c) (c) Unless exempt under sub. (2) or (3) (b) to (i), owners and operators of solid waste storage facilities shall store all waste in containers in compliance with the operational requirements for containerized storage facilities under sub. (5).
NR 502.05(1)(d) (d) Unless wastes are stored only in containers, or the facility is exempt under sub. (2) or (3) (b) to (i), owners and operators of solid waste storage facilities shall comply with operational requirements for noncontainerized storage facilities under sub. (6).
NR 502.05(1)(e) (e) Unless exempt under sub. (2) or (3), all new or expanded solid waste storage facilities shall obtain approval of a plan of operation as specified in sub. (8), and comply with requirements for engineering plans and construction documentation in subs. (9) and (10).
NR 502.05(1)(f) (f) Unless exempt under sub. (2) or (3) (a) to (j), owners and operators of solid waste storage facilities shall obtain an operating license from the department.
NR 502.05(1)(g) (g) No person may operate or maintain a storage facility for municipal solid waste combustor residue except in compliance with sub. (7).
NR 502.05(1)(h) (h) No person may operate or maintain a storage facility for infectious waste unless the person complies with s. NR 526.09.
NR 502.05(2) (2)Exemptions for household waste. Containers for household wastes, serving a single household and located on the property where the waste is generated are exempt from all requirements of this chapter.
NR 502.05(3) (3)Other exemptions. The following storage facilities are exempt from all requirements of this chapter, except as specified.
NR 502.05(3)(a) (a) Storage facilities utilizing containers such as lugger boxes or rolloffs for solid waste storage serving apartments, commercial establishments, business establishments and industries which are located on the premises served, provided the facility complies with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b) and the operational requirements listed under sub. (5).
NR 502.05(3)(b) (b) Pit silos used for the storage of by-products from fruit, vegetable or grain processing operations where the by-products are to be used for animal feed, provided the facility is in compliance with applicable portions of ch. NR 213.
NR 502.05(3)(c) (c) Facilities for high volume industrial waste or wood residue where the waste is stored at the point of generation for less than 72 hours prior to being transported for disposal or beneficial reuse and the facility complies with the general requirements listed under s. NR 502.04 and is operated and maintained in an environmentally sound and nuisance-free manner.
NR 502.05(3)(d) (d) On site storage facilities at a solid waste processing facility, solid waste incinerator facility, or municipal solid waste combustor facility, provided the facility is in compliance with applicable portions of s. NR 502.08, 502.09 or 502.13.
NR 502.05(3)(e) (e) Facilities that store only used oil which is managed in compliance with ch. NR 679.
NR 502.05(3)(f) (f) Infectious waste storage facilities which are exempt from licensing under s. NR 526.09.
NR 502.05(3)(g) (g) Materials recovery facilities as defined in s. NR 500.03 (140). A materials recovery facility which serves one or more responsible units shall either hold a valid self-certification or be exempted from self-certification under s. NR 544.16 (2).
NR 502.05(3)(h) (h) Contaminated soil storage facilities in compliance with ch. NR 718.
NR 502.05(3)(i) (i) Facilities for the storage of industrial byproducts which are managed in compliance with ch. NR 538.
NR 502.05(3)(j) (j) Noncontainerized storage facilities which meet all of the following criteria are exempt from all other requirements of this chapter:
NR 502.05(3)(j)1. 1. The facility meets the performance standards and closure requirements specified in s. NR 502.04 (1) and (3) (a) and (b), and complies with the operational requirements for noncontainerized storage facilities listed under sub. (6).
NR 502.05(3)(j)2. 2. The solid waste does not include putrescible waste such as garbage, municipal refuse or residue produced by the burning of municipal solid waste.
NR 502.05(3)(j)3. 3. The waste is free of noxious odors and not readily transported by wind or water unless it is stored to prevent such transport.
NR 502.05(3)(j)4. 4. The facility exists less than 9 months from the time of initial storage to the removal of all waste.
NR 502.05(3)(j)5. 5. The volume of waste stored at the facility does not exceed 5,000 cubic yards at any time.
NR 502.05(3)(j)6. 6. The combined total volume of waste stored at the facility over the allowable 9 month period does not exceed 10,000 cubic yards.
NR 502.05(3)(j)7. 7. Waste storage does not occur within a floodplain, or within 100 feet of any public or private water supply well, navigable lake, pond, flowage, river or stream, or within 20 feet of the facility property boundary.
NR 502.05(3)(k) (k) Containerized storage facilities within a building that meet all of the following criteria are exempt from all other requirements of this chapter:
NR 502.05(3)(k)1. 1. Comply with performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.05(3)(k)2. 2. New or expanded facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with applicable locational criteria in sub. (4).
NR 502.05(3)(k)3. 3. Obtain an operating license from the department.
NR 502.05(3)(k)4. 4. Accept a maximum of 50 tons of waste per day and store a maximum of 1,000 tons of waste at any one time.
NR 502.05(3)(k)5. 5. Comply with operational requirements for containerized storage facilities in sub. (5).
NR 502.05(3)(k)6. 6. Do not accept municipal solid waste combustor residue.
NR 502.05(3)(k)7. 7. Prior to or with the initial license application, and with each subsequent license application, submit a cover letter containing the following certification:
I, _______________(authorized individual name), ____________(position title), hereby certify that I am the owner or authorized representative of the solid waste containerized storage facility, _________________(facility name), located at _________________(location address); that I am aware of ss. NR 502.04 and 502.05, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the codes.
____________________________   _________________
(signature of authorized individual)   (signature date)
NR 502.05(3)(k)8. 8. If the certification required in subd. 7. is not submitted with a license renewal application prior to expiration of any license period, the facility shall pay compliance inspections fees in accordance with s. NR 520.04 (7) for up to 2 inspections completed by the department during the subsequent license period.
NR 502.05(4) (4)Locational criteria for storage facilities.
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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.