NR 502.06(4)(d) (d) Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage. If spillage does occur, the operator shall immediately return spilled materials to the vehicle and shall properly clean the spill area. In the event of a spill of a hazardous substance the department shall be notified under s. 292.11, Stats., and the spill material shall be collected and the environment restored as provided in ch. NR 158.
NR 502.06 Note Note: Chapter NR 158 has been repealed.
NR 502.06(4)(e) (e) Services for the collection and transportation of recyclable materials listed in s. 287.07, Stats., and municipal solid wastes shall comply with the prohibitions on land disposal and incineration in s. 287.07, Stats.
NR 502.06(4)(eg) (eg) Services for the collection and transportation of municipal solid wastes shall notify their clients of the need to comply with state and local laws requiring recycling. In this paragraph, “client" means the contracting entity or the entity that arranges for service provision in the case where there is no formal contract.
NR 502.06(4)(eg)1. 1. Notification for all clients except households in single family and 2 to 4 unit dwellings shall be written, and provided at the time of entering into a contract or otherwise arranging for collection and transportation services and annually thereafter.
NR 502.06(4)(eg)2. 2. Notification for all clients in single family and 2 to 4 unit dwellings shall be provided either at the time a client first arranges for collection and transportation services or in writing within 45 days of that time, and by written notice annually thereafter.
NR 502.06(4)(eg)3. 3. The service provider shall maintain documentation of this notification for the preceding calendar year.
NR 502.06(4)(er) (er) Unless otherwise specified by contract, a service for the collection and transportation of recycled materials specified in s. NR 544.04 (3) and (4) shall, within 4 weeks of a written request from a responsible unit, provide information regarding the amount of recyclable materials collected under contract with the responsible unit.
NR 502.06(4)(f) (f) Services for the collection and transportation of recyclable materials shall maintain the cleanliness of those materials for recycling purposes.
NR 502.06(4)(g) (g) Upon the request of the department, a service for the collection and transportation of recyclable materials shall provide satisfactory documentation to the department that the recyclable materials have been delivered to brokers, processors or end users of the materials. Records shall be retained for a period of 3 years from the time of delivery.
NR 502.06(4)(h) (h) The owner or operator shall provide written notice of termination of service to the department at least 30 days prior to ceasing all transport services for an extended period. The owner or operator shall provide information to the department concerning service areas and disposal facilities used as specified in the license renewal application.
NR 502.06(5) (5)Responsibility. A person generating solid waste shall be responsible for the collection and transportation of the waste to a solid waste disposal facility licensed by the department unless the person contracts with a collection and transportation service licensed by the department for that purpose.
NR 502.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. (1) and (4) to (6) to be (1) (a) and (6) to (8), cr. (1) (b), (4) and (5), Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (a), cr. (2) (am) and (6) (e) to (g), Register, September, 1993, No. 453, eff. 10-1-93, cr. (1) (c), (2) (i), Register, October, 1994, No. 466, eff. 11-1-94; r. and recr. (1) (a), (b), cr. (2) (ar), (j), (4) (h), am. (2) (intro.), (am), (i), r. (3), (4), (7), renum. (5) and (6) to be (3) and (4), (8) to be (5) and am. (3) (a), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (b), Register, August, 1997, No. 500, eff. 9-1-97; cr. (2) (k), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-113: am. (2) (ar) and (4) (e), cr. (4) (eg) and (er) Register June 2005 No. 594, eff. 7-1-05.
NR 502.07 NR 502.07Transfer facilities.
NR 502.07(1) (1)General.
NR 502.07(1)(a)(a) Unless exempt under sub. (2m), owners and operators of solid waste transfer facilities shall comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.07(1)(b) (b) Unless exempt under sub. (2), (2f) or (2m), owners and operators of new or expanded solid waste transfer facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with the locational criteria listed under sub. (3).
NR 502.07(1)(c) (c) Unless exempt under sub. (2), (2f), (2m) or (2r), no person may operate or maintain a solid waste transfer facility unless the person has received approval of a plan of operation as specified in sub. (4).
NR 502.07(1)(cm) (cm) Unless exempt under sub. (2), (2f) or (2m), no person may operate or maintain a solid waste transfer facility unless the person has obtained an operating license from the department.
NR 502.07(1)(d) (d) No person may operate or maintain a transfer facility for infectious waste or items mixed with infectious waste unless the person complies with s. NR 526.09.
NR 502.07(2) (2)Exemptions. Transfer facilities at which waste from individual users or from hand unloaded vehicles not exceeding one ton in capacity shall comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), but are exempt from all other requirements of this chapter, provided the facility is operated and maintained in conformance with the following practices:
NR 502.07(2)(a) (a) Containers shall be leak-proof and manufactured of nondegradable material such as metal, plastic or concrete.
NR 502.07(2)(b) (b) Where mechanical equipment is a part of the operation, access shall be limited to those times that an attendant is on duty. Access restrictions and an attendant may be required by the department for a nonmechanical facility.
NR 502.07(2)(c) (c) Containers shall be removed or emptied at least once per week and more frequently if conditions warrant.
NR 502.07(2)(d) (d) The transfer station and adjacent area shall be kept clean and free of litter.
NR 502.07(2)(e) (e) Burning of solid waste may not be conducted.
NR 502.07(2)(f) (f) Effective means shall be provided to control flies, rodents and other insects or vermin.
NR 502.07(2)(g) (g) An all-weather access road and parking area shall be provided and maintained.
NR 502.07(2)(h) (h) If recycling facilities are provided, they shall be clearly labeled and maintained in a nuisance-free manner.
NR 502.07(2f) (2f)EXEMPT RECYCLING TRANSFER FACILITIES. Facilities only for the transfer of items listed in s. 287.07 (3) or (4), Stats., except waste tires listed in s. 287.07 (3), Stats., shall comply with the operational requirements in sub. (7) (a), (c), (d), (i), (k) and (o), and the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria in sub. (3), but are exempt from all other requirements of this chapter.
NR 502.07(2m) (2m)Exempt used oil facilities. Transfer facilities for only used oil which is managed in compliance with ch. NR 679 are exempt from all requirements of this chapter.
NR 502.07(2r) (2r)Exempt transfer facilities accepting less than 50 tons per day. Transfer facilities that meet all of the following criteria are exempt from all other requirements of this chapter:
NR 502.07(2r)(a) (a) Comply with performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.07(2r)(b) (b) New or expanded facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with locational criteria in sub. (3).
NR 502.07(2r)(c) (c) Obtain an operating license from the department.
NR 502.07(2r)(d) (d) Accept a maximum of 50 tons of waste per day and store a maximum of 50 tons of waste at any one time.
NR 502.07(2r)(e) (e) Comply with operational requirements for transfer facilities in sub. (7) and all of the following:
NR 502.07(2r)(e)1. 1. Limit storage periods to a maximum of 24 hours, except within leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service.
NR 502.07(2r)(e)2. 2. Do not accept sewage solids, sludge, asbestos or wastes containing free liquids.
NR 502.07(2r)(e)3. 3. At the end of each operating day, place all waste in leak-proof vehicles or containers with impermeable tops.
NR 502.07(2r)(f) (f) 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 transfer facility, _________________(facility name), located at _________________(location address); that I am aware of s. NR 502.07, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the code.
____________________________   _________________
(signature of authorized individual)   (signature date)
NR 502.07(2r)(g) (g) If the certification required in par. (f) 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 502.07(3) (3)Locational criteria.
NR 502.07(3)(a)(a) Except as otherwise specified in this section, new or expanded solid waste transfer facilities may not be located in any of the following areas, unless an exemption is granted under par. (b):
NR 502.07(3)(a)1. 1. Within a floodplain.
NR 502.07(3)(a)2. 2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.
NR 502.07(3)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.
NR 502.07(3)(a)4. 4. Within 250 feet of any navigable river or stream.
NR 502.07(3)(a)5. 5. Within 100 feet of land owned by a person other than the owner or operator of the facility, unless the waste handling operations are screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the property boundary.
NR 502.07(3)(a)6. 6. Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal aid primary highway or the boundary of any public park or state natural area under ss. 23.27 (1) and 23.28 (1), Stats., unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or state natural area.
NR 502.07(3)(a)7. 7. Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within other areas where a substantial bird hazard to aircraft would be created. This criterion is applicable only when the facility will be used for handling putrescible waste.
NR 502.07(3)(b) (b) The locational criteria listed under par. (a) 2. to 7., do not apply to waste transfer activities located within an enclosed building. However, the department may require enclosed solid waste transfer facilities to meet specified locational criteria in par. (a) if there is significant potential for the facility to cause environmental pollution as defined in s. 283.01 (6m), Stats., nuisance conditions or bird hazard to aircraft. The department may grant exemptions from the requirements of par. (a) 2. to 7., only upon demonstration by the applicant of circumstances which warrant the exemption. Exemptions from compliance with par. (a) 1. may not be granted.
NR 502.07(4) (4)Plan of operation. Unless exempt under sub. (2), (2f), (2m) or (2r), no person may establish or construct a transfer facility prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation shall specify the intent and objectives of the proposal, indicate methods and procedures to minimize adverse environmental impacts and provide a design which complies with the operational requirements in sub. (7). Unless an exemption is granted by the department in writing, the plan shall be submitted in accordance with s. NR 500.05 and shall contain engineering plans specified under sub. (5) and a report containing, at a minimum the following information:
NR 502.07(4)(a) (a) A legal description of the property and the facility boundaries.
NR 502.07(4)(b) (b) The present ownership of the proposed facility property.
NR 502.07(4)(c) (c) Land use within 1/4 mile of the proposed facility.
NR 502.07(4)(d) (d) The operator of the facility.
NR 502.07(4)(e) (e) The size of the facility.
NR 502.07(4)(f) (f) A USGS 7 1/2 minute or 15 minute quadrangle map of the facility property.
NR 502.07(4)(g) (g) The proposed methods of screening waste handling operations from the surrounding area.
NR 502.07(4)(h) (h) A discussion of the consistency of facility development with areawide solid waste management plans, land use plans or other areawide plans. Alternatives considered in the project planning phase shall be discussed.
NR 502.07(4)(i) (i) The population and area to be served by the facility and projections for changes in use in the future.
NR 502.07(4)(j) (j) The type and quantity of waste to be handled, and specific waste types which will not be accepted at the facility. The method for screening the incoming waste to eliminate unacceptable material such as asbestos, infectious waste, explosive wastes, hazardous waste or other materials from endangering the operators' safety shall be identified.
NR 502.07(4)(k) (k) The persons responsible for structural improvements, building maintenance and daily operation and control of the facility.
NR 502.07(4)(L) (L) The types of vehicles used to transport solid waste into and out of the facility.
NR 502.07(4)(m) (m) The vehicle traffic routing at the facility and provisions for access to connecting roadways.
NR 502.07(4)(n) (n) The source of the facility's water supply and the method of wastewater treatment.
NR 502.07(4)(o) (o) The methods of volume reduction to be used such as compacting, grinding, compression or tamping.
NR 502.07(4)(p) (p) The design criteria used to select equipment capacity and building configuration and sizing.
NR 502.07(4)(q) (q) Daily clean-up procedures.
NR 502.07(4)(r) (r) The names and locations of all solid waste disposal facilities to which waste from the transfer station may be hauled.
NR 502.07(4)(s) (s) The procedures for alternate routing of waste during inoperable periods at the facility.
NR 502.07(4)(t) (t) The procedures to handle heavy or bulky items and locations for storage of solid waste beyond the end of the working day.
NR 502.07(4)(u) (u) The equipment and procedures designed to control dust, odors, noise, fire and windblown paper.
NR 502.07(4)(v) (v) The proposed life expectancy of the facility.
NR 502.07(4)(w) (w) A detailed discussion of the safety equipment and procedures to be used at the facility.
NR 502.07(5) (5)Engineering plans. The plan of operation shall include a set of engineering plans and maps which contain the following information unless an exemption is granted in writing by the department:
NR 502.07(5)(a) (a) An existing conditions map, which shows the entire facility and the area within 1/2 mile. The minimum scale shall be 1′′= 400. This map shall include the facility boundary, property lines, easements and right-of-way; building foundations, roads, utilities and other structures; existing topography, drainage swales, surface waters, wetlands, floodplains and similar drainage features; wooded areas; location of soil borings and test pits; features of historical and archaeological significance; and other features as appropriate.
NR 502.07(5)(b) (b) A facility plan which shall include the proposed facility access roads and traffic patterns, buildings, scales, utility lines, drainage diversion, screening, means of access control, final topography, areas to be cleared of vegetation and other design features. The extent of coverage and scale shall be the same as that for the existing conditions map.
NR 502.07(5)(c) (c) A proposed process layout plan which shows the receiving, storage and loadout areas. The minimum scale shall be 1′′= 20. The plans shall include design details for the receiving area configuration and traffic flow patterns, storage area and equipment configuration, loadout area and equipment configuration, and other design features.
NR 502.07(6) (6)Construction documentation report. The department may require the applicant to submit a construction documentation report for any transfer facility required to submit a plan of operation. When a documentation report is required, it shall be prepared in accordance with the approved plan of operation and s. NR 500.05. Operation of the facility may not begin until the construction documentation report is approved in writing by the department and a license is issued. The department may issue a license prior to facility construction or construction documentation.
NR 502.07(7) (7)Operational requirements for transfer facilities. Unless exempt under sub. (2), (2f), (2m) or (2r) no person may operate or maintain a transfer facility except in conformance with an approved plan of operation, if applicable under sub. (4), and the following operational requirements:
NR 502.07(7)(a) (a) A sign shall be prominently posted at the entrance to the facility, which indicates the name, license number, the hours of operation, waste types accepted, necessary safety precautions and any other pertinent information specified by the department.
NR 502.07(7)(b) (b) A building, roofed and enclosed on at least 3 sides or otherwise enclosed to satisfactorily control dust, papers, and other waste materials, shall be provided.
NR 502.07(7)(c) (c) All wastewater shall be collected and treated at a wastewater treatment facility permitted to accept it.
NR 502.07(7)(d) (d) The facility shall be operated under the direct supervision of responsible individuals who are thoroughly familiar with the requirements and the operational procedures of the transfer facility.
NR 502.07(7)(e) (e) Access shall be restricted except when an attendant is on duty.
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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.