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.
NR 502.07(7)(f) (f) There may be no storage of solid waste on the premises for a period greater than 24 hours except in conformance with s. NR 502.05 or unless the waste is contained in leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service. Longer storage periods may be authorized by the department for certain industrial and commercial waste depending on the design of the facility.
NR 502.07(7)(g) (g) Unloading of solid waste may take place only within the enclosed structure and only in approved designated areas.
NR 502.07(7)(h) (h) Solid waste shall be confined to the unloading, loading and handling area.
NR 502.07(7)(i) (i) The transfer facility and adjacent area shall be kept clean and free of litter.
NR 502.07(7)(j) (j) Sewage solids, sludge, asbestos or wastes containing free liquids may not be accepted unless special handling plans for these wastes have been submitted to the department and approved in writing. Infectious or hazardous waste may not be accepted under any circumstances.
NR 502.07(7)(k) (k) Dust and odor generated by the unloading of solid waste and the operation of the transfer facility shall be controlled at all times.
NR 502.07(7)(L) (L) Burning of solid waste may not be conducted.
NR 502.07(7)(m) (m) Solid waste which is burning or is at a temperature likely to cause fire or is flammable or explosive may not be accepted.
NR 502.07(7)(n) (n) Equipment shall be provided to control accidental fires and arrangements shall be made with the local fire protection agency to provide immediate services when needed.
NR 502.07(7)(o) (o) Means shall be provided to control flies, rodents and other insects or vermin.
NR 502.07(7)(p) (p) Provisions shall be made for adequate maintenance of the transfer facility after each day of operation.
NR 502.07(7)(q) (q) Means of communication shall be provided for emergency purposes.
NR 502.07(7)(r) (r) An approved alternative method of waste processing or disposal shall be provided in the event that the transfer facility is rendered inoperable.
NR 502.07(7)(s) (s) Recyclable material may be separated from the incoming waste and stored provided that no fire hazard or nuisance conditions are created.
NR 502.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (3) (j), Register, October, 1994, No. 466, eff. 11-1-94; am. (1), cr. (2m), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1), am. (2) (intro.), (2m), (7), (intro.), (c), (f), (g), cr. (2f), (3), r. (6), (8), renum. (3), (4) and (5) to be (4), (5) and (6) and am. (4) (intro.), (j), (6), Register, June, 1996, No. 486, eff. 7-1-96; am. (7) (j), Register, September, 1998, No. 513, eff. 10-1-98; CR 04-113: am. (2f) Register June 2005 No. 594, eff. 7-1-05; CR 05-020: am. (1) (a) to (c), (2m), (3) (a) 6., (4) (intro.) and (7) (intro.), cr. (1) (cm) and (2r) Register January 2006 No. 601, eff. 2-1-06; correction in (2m) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; correction in (2f) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 21-041: am. (1) (b), (c), (cm), (2) (a), cr. (2) (am), am. (2) (c), cr. (2) (cm), (2d), am. (2f) Register June 2023 No. 810, eff. 7-1-23; correction in (2) (am), (cm), (2d) (a) made under s. 35.17, Stats., Register June 2023 No. 810.
NR 502.08 NR 502.08Solid waste processing facilities.
NR 502.08(1)(1)General.
NR 502.08(1)(a)(a) Unless exempt under sub. (2), no person may operate or maintain a solid waste processing facility unless the person complies with the general requirements in s. NR 502.04, and has obtained a plan of operation approval as specified in sub. (4) and an operating license from the department.
NR 502.08(1)(b) (b) Unless exempt under sub. (2), owners and operators of new or expanded solid waste processing facilities shall demonstrate compliance with the applicable locational criteria in sub. (3).
NR 502.08 Note Note: Persons treating infectious waste are required to submit a plan of operation and obtain a license for operating a solid waste processing facility under this section and shall comply with s. NR 526.12.
NR 502.08(1)(c) (c) Unless exempted under sub. (2) (j) or (k), an electronics processing facility shall comply with all requirements of this chapter beginning on July 1, 2023.
NR 502.08 Note Note: Under CR 21-041, the department intended to have this paragraph go into effect 12 months after the effective date. The department will not enforce s. NR 502.08 (1) (c) until July 1, 2024.
NR 502.08(2) (2) Exemptions. The following facilities are exempt from all requirements of this chapter, except as specified:
NR 502.08(2)(a) (a) Incinerators, air curtain destructors, woodburning facilities, composting facilities and municipal solid waste combustors regulated under ss. NR 502.09 to 502.13.
NR 502.08(2)(b) (b) 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, as specified in s. NR 544.16 (2).
NR 502.08(2)(c) (c) Facilities that process only used oil which is managed in compliance with ch. NR 679.
NR 502.08(2)(d) (d) Facilities for processing contaminated soil in accordance with ch. NR 718.
NR 502.08(2)(e) (e) Infectious waste treatment facilities which are exempt from licensing under s. NR 526.12 (2).
NR 502.08(2)(f) (f) A facility for the processing of scrap iron, steel, or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This exemption does not apply to a facility for the processing of electronic devices.
NR 502.08(2)(fg) (fg) Facilities that use large machines to sort, grade, compact, bale or process clean, separate waste components consisting of waste paper, textiles, clean wood, glass, pavement or plastics, not mixed with each other or other solid waste, for sale or distribution for reuse or recycling.
NR 502.08(2)(fr) (fr) Facilities that use large machines to sort, grade, compact, bale, or mechanically process clean, separate waste construction and demolition materials not mixed with other solid waste, for sale or distribution for reuse or recycling, provided the facility complies with the operational requirements specified in s. NR 502.07 (7) (a), (c), (d), (k), (L) and (o), 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 s. NR 502.07 (3).
NR 502.08(2)(g) (g) Private alcohol fuel production systems provided the waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe landspreading technique and the disposal is confined to the property of the owner.
NR 502.08(2)(h) (h) Facilities where solid wastes are generated as part of a manufacturing or industrial process and the solid wastes are processed within a building on the same property where the waste is generated, provided the solid waste generator complies with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.08(2)(i) (i) Except for those facilities which are otherwise exempt under this subsection, facilities where solid wastes are processed for reuse or recycling by being incorporated into a structural material such as concrete or asphalt or converted into a consumer product, or used as a raw material in a commercial or industrial process are exempt from licensing and all other requirements of this chapter, provided the solid waste generator or processor obtains written approval from the department to use the waste for these purposes in accordance with the following:
NR 502.08(2)(i)1. 1. Comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), and operate the facility in a nuisance-free and aesthetic manner.
NR 502.08(2)(i)2. 2. Submit a process flow diagram and the necessary laboratory and field tests to show that the specific waste types to be used would not release quantities of contaminants into the environment such that a potential hazard to public health or the environment would be created.
NR 502.08(2)(j) (j) A person or electronics processing facility processing fewer than 25 electronic devices per year, provided the person or electronics processing facility complies with performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), and the minimum operation requirements under sub. (6) (e), (g), (i), (k), (L), and (n).
NR 502.08(2)(k) (k) A facility that only hand sorts and packages waste electronic devices, including removing cords, ink or toner cartridges, or batteries from electronic devices, for shipping or transport to an electronics processing facility without engaging in any additional electronics processing activities, provided the facility complies with performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), and the minimum operation requirements under sub. (6) (e), (g), (h), (i), (k), (L), and (n).
NR 502.08(3) (3) Locational criteria for nonexempt processing.
NR 502.08(3)(a) (a) Unless exempt under sub. (2), new or expanded processing facilities may not be located within any of the following areas, unless an exemption is granted under par. (b):
NR 502.08(3)(a)1. 1. Within a floodplain.
NR 502.08(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 502.08(3)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.
NR 502.08(3)(a)4. 4. Within 250 feet of any navigable river or stream.
NR 502.08(3)(a)5. 5. Within 250 feet of land owned by a person other than the owner or operator of the facility, unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the property boundary.
NR 502.08(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 502.08(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 502.08(3)(b) (b) Processing facilities located within a building are not subject to par. (a) 2. to 7. However, the department may require containerized and enclosed solid waste processing 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 par. (a) 2. to 7., only upon demonstration by the applicant of circumstances which warrant the exemption. Exemption from compliance with par. (a) 1. may not be granted.
NR 502.08(4) (4) Plan of operation - nonexempt processing facilities. Unless exempt under sub. (2), no person may establish or construct a solid waste processing facility prior to obtaining approval in writing from the department of a plan of operation for the facility. Unless otherwise approved by the department in writing, the plan shall be submitted in accordance with s. NR 500.05, shall contain engineering plans specified under sub. (5), shall provide a design which complies with the operational requirements in sub. (6) and shall include a report containing, at a minimum, the following information:
NR 502.08(4)(a) (a) A legal description of the property and the facility boundaries.
NR 502.08(4)(b) (b) The present ownership of the proposed facility property.
NR 502.08(4)(c) (c) Land use within 1/4 mile of the proposed facility. Particular note shall be made of parks, hospitals, nursing homes and areas of archaeological and historical significance.
NR 502.08(4)(d) (d) The proposed service area, including population and major industries.
NR 502.08(4)(e) (e) The consistency of facility development with county solid waste plans and land use plans.
NR 502.08(4)(f) (f) The predominant types of vegetation and wildlife within the proposed facility boundaries.
NR 502.08(4)(g) (g) The persons responsible for facility construction and operation.
NR 502.08(4)(h) (h) A timetable for facility construction, shakedown and operation, and an operating schedule for the facility. All facilities operated more than 4 hours per day shall be equipped with a toilet and wash basin or have those facilities available within a reasonable distance.
NR 502.08(4)(i) (i) A complete materials balance for the facility, specifying amounts and characteristics of solid waste received and amounts and characteristics of products and wastes generated by the facility.
NR 502.08(4)(j) (j) The estimated quantities and characteristics of wastes containing free liquids resulting from facility operation and methods of their treatment or disposal. All wastewater resulting from the process shall be discharged into a sanitary sewer or other system approved by the department.
NR 502.08(4)(k) (k) The names and locations of all solid waste disposal facilities at which solid waste from the processing plant will be disposed, and potential contractual arrangements and distribution plans for recovered solid wastes or products produced.
NR 502.08(4)(L) (L) A proposed design providing enclosure for all installed processing equipment. Explosion-prone equipment such as primary shredders shall be placed in a separate room with explosion venting or explosion suppression equipment.
NR 502.08(4)(m) (m) A proposed design providing for shrouding and dust collection and removal equipment for the receiving area and all dry processing units such as shredders, screens, air classification devices, magnetic separators and similar equipment and all conveyor transfer points where dust is generated. Any air collected in this manner shall be directed through appropriate air pollution control equipment before being discharged.
NR 502.08(4)(n) (n) A discussion of any additional procedures for the control of dust, odors, fire, windblown materials and potential explosions and for the handling of the waste in the case of major processing facility breakdown. Dust within a facility shall be controlled so that operators are not exposed to undue health risk.
NR 502.08(4)(o) (o) A proposed design providing for all buildings enclosing processing equipment to have a sloped concrete floor with floor drains connected to a sanitary sewer or other system approved by the department.
NR 502.08(4)(p) (p) A proposed design providing for all processing, receiving or storage areas not enclosed by a building to be graded at a minimum 1% slope and surfaced with a material which will adequately support heavy equipment, resist frost action, provide a wearing surface and prevent contamination of groundwater. Runoff from these areas shall be directed to a sanitary sewer or other system approved by the department.
NR 502.08(4)(q) (q) A discussion of the quality and quantity of air discharge from plant operations and the need for any permits. For thermal processing facilities, the report shall include a proposed design to provide adequate temperature and residence time in the reaction chambers to assure complete processing and necessary air pollution control equipment to meet state air pollution control regulations.
NR 502.08(4)(r) (r) A discussion of the types of vehicles and access routes used to transport solid waste to and from the facility, including the estimated increase in traffic, and traffic flow patterns within the facility.
NR 502.08(4)(s) (s) A proposed design providing for access roads of all-weather construction and a maximum 10% grade. The intersection of the access road with an existing highway shall be designed to provide sufficient sight distance and provide for minimum interference with traffic on existing highways.
NR 502.08(4)(t) (t) A proposed design limiting access to the processing facility by means of fencing, natural barriers or other methods.
NR 502.08(4)(u) (u) Information to document that the size and configuration of the facility grounds, building and equipment, including the facility layout, drainage structures, building design, and major facility equipment, as specified to be shown in the engineering plans, are adequate for management of the proposed waste quantities and processes.
NR 502.08(4)(v) (v) Provisions for protection of groundwater and surface water during facility construction and operation.
NR 502.08(4)(w) (w) A discussion of possible operational hazards and necessary safety precautions.
NR 502.08(4)(x) (x) Procedures for facility closure.
NR 502.08 Note Note: These facilities may be subject to other regulations including OSHA requirements.
NR 502.08(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 by the department in writing:
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.