NR 502.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (4) (a), renum. (1) (b) to be (1) (c), cr. (1) (b), (2) (e) and (13), Register, May, 1992, No. 437, eff. 6-1-92, cr. (1) (d), (2) (f), am. (5) (intro.), Register, October, 1994, No. 466, eff. 11-1-94; cr. (2) (g), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; renum. (3) (i) to be (3) (j) and cr. (3) (i), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-113: am. (3) (g) Register June 2005 No. 594, eff. 7-1-05; CR 05-020: am. (1) (a) (intro.), (b), (3) (intro.), (a) and (4) (a) 6., r. (1) (a) 1. to 3., renum. (1) (c) and (d) to be (1) (g) and (h), cr. (1) (c) to (f) and (3) (k) Register January 2006 No. 601, eff. 2-1-06; correction in (3) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.
NR 502.06 NR 502.06Collection and transportation services.
NR 502.06(1)(1)General.
NR 502.06(1)(a)(a) Owners and operators of solid waste collection and transportation services shall comply with s. NR 502.04.
NR 502.06(1)(b) (b) Unless exempt under sub. (2), no person may operate or maintain a collection or transportation service unless the person has obtained an operating license from the department.
NR 502.06(1)(c) (c) No person may transport or ship infectious waste or items mixed with infectious waste, unless the person complies with s. NR 526.10.
NR 502.06 Note Note: Services for collection and transportation of asbestos waste are required to meet the minimum requirements of the applicable air management rules in chs. NR 400 to 499.
NR 502.06(2) (2)Exemptions. The following collection or transportation services shall comply with the general requirements specified in s. NR 502.04, but are exempt from all other requirements of this chapter:
NR 502.06(2)(a) (a) Services for the collection and transportation of only gravel pit spoils, quarry materials, earth materials or salvageable materials other than those listed in s. 287.07 (3) or (4), Stats.
NR 502.06(2)(am) (am) Services for the collection and transportation of the materials listed in s. 287.07 (3) and (4), Stats., after the materials have been processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process.
NR 502.06(2)(ar) (ar) Services for the collection and transportation of the materials listed in s. 287.07 (4), Stats., only from commercial, retail, industrial and governmental operations that comply with general operational requirements listed in sub. (4) (e), (eg) and (er).
NR 502.06(2)(b) (b) Services for the collection and transportation of only ordinary solid waste from a single household or solid waste amounting to less than 20 tons per year.
NR 502.06(2)(c) (c) Services for the collection and transportation of sludge from municipal wastewater or water supply treatment plants provided it is handled in accordance with ch. 283, Stats.
NR 502.06(2)(d) (d) Services for the collection and transportation of only waste materials regulated and licensed under s. 281.48, Stats.
NR 502.06(2)(e) (e) Governmental services consisting solely of vehicles used to collect and transport roadside litter from town, village, city, county, state and federal highway right-of-way. Litter shall be disposed of at a licensed disposal facility.
NR 502.06(2)(f) (f) Services for the collection and transportation of dredge material regulated by permit or contract under s. 30.20, Stats.
NR 502.06(2)(g) (g) Services for the collection and transportation of wastes generated by an industrial company which do not travel on public roads and which utilize vehicles owned by the company.
NR 502.06(2)(h) (h) Services for the collection and transportation of whey or waste materials from fruit or vegetable processing operations.
NR 502.06(2)(i) (i) Services for the transportation of infectious waste or items mixed with infectious waste in compliance with s. NR 526.10.
NR 502.06(2)(j) (j) Services for the collection and transportation of contaminated soil in compliance with ch. NR 718.
NR 502.06(2)(k) (k) Services for the collection and transportation of industrial byproducts in compliance with ch. NR 538.
NR 502.06(3) (3)Operational requirements for transportation of residue produced by burning municipal solid waste.
NR 502.06(3)(a)(a) No person may operate or maintain a collection and transport service for the transportation of residue produced by burning municipal solid waste except in accordance with the applicable provisions of this section, and the following special requirements:
NR 502.06(3)(b) (b) The residue shall contain sufficient moisture during transportation to prevent dust emissions. Alternative methods of dust control shall be approved by the department prior to implementation. Provisions shall be made to prevent the release of residue into air in the residue handling areas.
NR 502.06(3)(c) (c) Prior to transportation of the residue, free liquids shall be drained until no more free liquids remain. All vehicles that transport the residue shall be designed and operated as necessary to prevent leakage during operation.
NR 502.06(3)(d) (d) Access to the residue transport vehicles shall be restricted to authorized personnel only.
NR 502.06(3)(e) (e) All transportation vehicles shall be covered to adequately prevent spillage and wind blown residue during transport.
NR 502.06(4) (4)General operational requirements. No person may operate or maintain a solid waste collection and transportation service except in accordance with the following minimum requirements:
NR 502.06(4)(a) (a) Each vehicle shall have “WDNR" followed by the license number lettered on the driver's door. The letters shall be at least 2 inches high with a minimum 1/2 inch brush stroke. The lettering shall contrast with the background so it is easy to read.
NR 502.06(4)(b) (b) Solid waste shall be transported only to facilities which are licensed or approved by the department, or to facilities which are exempt from regulation by the department.
NR 502.06(4)(c) (c) Vehicles or containers used for the collection and transportation of solid waste shall be durable, easy to clean and leak-proof, if necessary, considering the type of waste and its moisture content. All vehicles and containers shall be cleaned as frequently as necessary to prevent nuisances or insect breeding and shall be maintained in good repair.
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.
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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.