Chapter NR 502

NR 502.10(2)(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 502.10(2)(b) (b) The standards listed under par. (a) 2. to 6. do not apply to above ground self contained air curtain destructors. The department may grant exemptions from the requirements of par. (a) 2. to 6. only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemption from compliance with par. (a) 1. may not be granted.

NR 502.10(3) (3) Plan of operation. No person may establish or construct an air curtain destructor or expand an existing air curtain destructor prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation shall include a design which complies with the design and operational requirements in sub. (4) and contains at a minimum the following:

NR 502.10(3)(a) (a) Name, address and telephone number of the facility operator.

NR 502.10(3)(b) (b) A description of the types, quantity and sources of material proposed to be burned, and anticipated frequency of burning.

NR 502.10(3)(c) (c) Written consent to operate the facility from all adult residents and business owners within 1/4 mile of the burning pad, except that consent is not required from any person who was not an adult resident or proprietor at the time the facility was initially licensed by the department, unless that person is a successor in interest to a person who was an adult resident or proprietor at the time. If a resident or proprietor who previously consented to operation of the facility withdraws the consent in writing, the withdrawal is not effective until the end of the current license period for the facility.

NR 502.10(4) (4) Design and operational requirements. No person may construct, operate or maintain an air curtain destructor except in conformance with all local burning regulations and permits, state air management rules, with any approved plan of operation and the following minimum requirements:

NR 502.10(4)(a) (a) The burning pit shall be constructed of a material which will result in a pit of permanent dimensions. Unconsolidated soils are not an acceptable material for construction of the burning pit. Maintenance shall be performed on the pit to keep its dimensions constant to keep the air curtain destructor operating properly.

NR 502.10(4)(b) (b) The burning pit floor shall be constructed in a manner which provides for proper drainage.

NR 502.10(4)(c) (c) The burning pit shall be oriented perpendicular to the prevailing wind with the plenum chamber and blower on the downwind side.

NR 502.10(4)(d) (d) The charging area shall be paved with the concrete pad for a distance of at least 10 feet from the edge of the burning pit and sloped away from the chamber. Adequate safety devices shall be provided to prevent loading equipment from falling into the burning pit.

NR 502.10(4)(e) (e) Only clean wood and brush may be burned in an air curtain destructor. Brush shall be burned only in conformance with s. 287.07, Stats.

NR 502.10(4)(f) (f) The stockpile of waste material shall be kept a minimum of 100 feet from the burner. The total amount of stockpiled waste shall be limited to the amount that can be burned in 5 days.

NR 502.10(4)(g) (g) Charging shall be done to prevent damage to the pit wall and floor.

NR 502.10(4)(h) (h) Waste shall be placed so that it does not extend above the burning pit or interfere with air circulation.

NR 502.10(4)(i) (i) Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling materials are unobtainable, other methods approved by the department in writing may be used.

NR 502.10(4)(j) (j) Burning may be conducted only during daylight hours. Quantities of materials to be burned shall be restricted to allow for complete burnout while the facility is attended.

NR 502.10(4)(k) (k) Fire-fighting equipment shall be kept at the facility in case of emergency. Arrangements shall also be made with the local government to provide fire protection. Fire breaks shall be provided for a distance of at least 100 feet from the air curtain destructor. Greater setbacks may be specified by the department.

NR 502.10(4)(L) (L) The burning pit shall be cleaned out on a regular schedule. Ashes may not be allowed to accumulate to a depth of greater than 3 feet. The department may specify a lesser depth.

NR 502.10(4)(m) (m) The air curtain destructor shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on duty.

NR 502.10(4)(n) (n) An attendant shall be on duty at all times when the blower unit is in operation. All fires shall be extinguished when the blower unit is shut off.

NR 502.10(4)(o) (o) Warning signs shall be posted at intervals around the entire air curtain destructor installation notifying people to keep out of the area.

NR 502.10(4)(p) (p) A sign acceptable to the department shall be posted at the entrance to the operation which indicates the name, acceptable wastes, license number, the hours of operation, penalty for nonauthorized use, necessary safety precautions and any other pertinent information.

NR 502.10(4)(q) (q) Surface water shall be diverted away from the active operating area, storage area and access areas.

NR 502.10(4)(r) (r) Ash resulting from the operation shall be disposed of at a facility approved by the department to receive such material.

NR 502.10(4)(s) (s) The facility shall be operated in a nuisance-free manner consistent with this chapter and in accordance with the state air management rules in chs. NR 400 to 499.

NR 502.10 Note Note: Air curtain destructor facilities must obtain a burning permit during certain times of the year under s. 26.12, Stats., or may be required to obtain a burning permit from the township in which the burning will occur.

NR 502.10 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; r. and recr. (1), (2), (3), am. (4) (intro.), (a), (e), (f), (h), (i), r. (4) (m), (n), (5), r. (4) (m), (n), (5), rn. (4) (o) to (u) to be (4) (m) to (s) and am. (4) (n), (p), (s), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (a) 6., Register January 2006 No. 601, eff. 2-1-06.

NR 502.11 NR 502.11 Woodburning facilities and open burning.

NR 502.11(1) (1) General.

NR 502.11(1)(a) (a) Unless exempt under sub. (2), owners and operators of woodburning facilities shall comply with the general requirements in s. NR 502.04, comply with the design and operational requirements in sub. (5), and obtain a plan of operation approval as specified in sub. (4) and an operating license from the department.

NR 502.11(1)(b) (b) Unless exempt under sub. (2), owners and operators of new or expanded woodburning facilities shall demonstrate compliance with the locational criteria in sub. (3).

NR 502.11(2) (2) Exemptions. The following woodburning facilities are exempt from licensing and all requirements of this section, although a burning permit from the department may still be required during certain times of the year in counties within a forest fire control area. These exempt facilities may not burn wet combustible rubbish, garbage, oily substances, asphalt, plastic or rubber products, unless these substances are exempt under s. NR 429.04.

NR 502.11(2)(a) (a) Burning of trees, limbs, stumps, brush or weeds, except for yard waste, as a result of agricultural or silvicultural activities, if the burning is conducted on the property where the waste is generated.

NR 502.11(2)(b) (b) Burning of trees, limbs, stumps, brush or weeds, except for yard waste, as a result of clearing or maintenance of highway, railroad or utility rights-of-way and other land clearing operations, if the burning is conducted on the property where the waste is generated.

NR 502.11(2)(c) (c) Burning existing structures for practice and instruction of fire fighters or testing of fire fighting equipment. If the burning includes a building, a demolition notification shall be submitted to the air management program of the department. Asphalt shingles and asphalt and plastic siding shall be removed from structures unless they are considered necessary to the fire practice. All material containing asbestos shall be removed in compliance with ch. NR 447. Ash from the burned structure shall be disposed of, when cool, in a landfill approved by the department. The department may approve alternate ash disposal sites if groundwater and surface water quality will not be affected.

NR 502.11(2)(d) (d) Burning of yard waste and small quantities of dry combustible household rubbish, including paper, cardboard and clean untreated wood from a single family or household, on property where it is generated, unless prohibited by local ordinance.

NR 502.11(2)(e) (e) In emergency situations such as natural disasters, brush and other yard waste can be disposed in a landfill or burned without energy recovery, with approval from the department.

NR 502.11(2)(f) (f) One time burning of dry, unpainted and untreated wood, stumps, trees and brush in conformance with s. 287.07, Stats. Department staff shall be notified prior to the burn to obtain concurrence that the burn is in accordance with this provision and that the amount of this wood to be burned on a one time basis and the rate of burning comply with state air management rules in chs. NR 400 to 499.

NR 502.11 Note Note: Woodburning facility license requirements do not apply to backfires set by fire control personnel to aid in controlling forest fires or fires set for forest, wildlife habitat or grassland management purposes.

NR 502.11(3) (3) Locational criteria.

NR 502.11(3)(a) (a) Except as otherwise specified in this chapter, new or expanded woodburning facilities may not be located in any of the following areas, unless an exemption is granted under par. (b):

NR 502.11(3)(a)1. 1. Within a floodplain.

NR 502.11(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 502.11(3)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.

NR 502.11(3)(a)4. 4. Within 250 feet of any navigable river or stream.

NR 502.11(3)(a)5. 5. Within 100 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 502.11(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 502.11(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 hazard to aircraft would be created.

NR 502.11(3)(a)8. 8. Within 1/4 mile of any residence unless a written consent is obtained from all adult residents within 1/4 mile of the burning pad.

NR 502.11(3)(a)9. 9. Within the limits of fill of an existing or abandoned landfill.

NR 502.11(3)(b) (b) The department may grant exemptions to par. (a) 2. to 7. only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemptions from compliance with par. (a) 1., 8. and 9., may not be granted.

NR 502.11(4) (4) Plan of operation. No person may establish or construct a woodburning facility or expand an existing woodburning 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 of operation shall include a design which complies with the design and operational requirements in sub. (5) and contains at a minimum the following:

NR 502.11(4)(a) (a) Name, address and telephone number of facility operator.

NR 502.11(4)(b) (b) A description of the types, quantity and sources of material proposed to be burned, and anticipated frequency of burning.

NR 502.11(4)(c) (c) Written consent from all adult residents and business owners within 1/4 mile of the burning pad, except that consent is not required from any person who was not an adult resident or proprietor at the time the facility was initially licensed by the department, unless that person is a successor in interest to a person who was an adult resident or proprietor at the time. If a resident or proprietor who previously consented to operation of the facility withdraws the consent in writing, the withdrawal is not effective until the end of the current license period for the facility.

NR 502.11(5) (5) Design and operational requirements. No person may construct, operate or maintain a woodburning facility except in conformance with all local burning regulations and permits, state air management rules in chs. NR 400 to 499, any approved plan of operation and the following minimum requirements:

NR 502.11(5)(a) (a) All burning shall be done on a burning pad or pit constructed of concrete, compacted gravel, compacted mineral soil or other materials approved in writing by the department. A firebreak of mineral soil scraped free of vegetation for a minimum distance of 100 feet around the burning pad or pit shall be constructed. Greater setback distances may be required by the department.

NR 502.11(5)(b) (b) Only dry, unpainted and untreated wood, stumps or trees may be burned at a woodburning facility. Brush shall be burned only in conformance with s. 287.07, Stats.

NR 502.11(5)(c) (c) Waste material may be placed or stored on the burning pad, but may not exceed the amount of wood that can be burned in one day in conformance with ch. NR 445. Any additional accumulation of waste material shall be stockpiled a minimum of 100 feet from the burning pad. The total amount of stockpiled waste shall be limited to the amount that can be burned in 5 calendar days.

NR 502.11(5)(d) (d) Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling materials are unobtainable, other methods approved by the department in writing may be used.

NR 502.11(5)(e) (e) Burning shall be conducted only during daylight hours.

NR 502.11(5)(f) (f) Fire-fighting equipment shall be kept at the facility in case of emergency, unless the services of a local fire protection agency are arranged.

NR 502.11(5)(g) (g) The burning pad shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on duty.

NR 502.11(5)(h) (h) An attendant shall be on duty at all times when burning is taking place. All fires shall be extinguished before the attendant leaves the facility. The fire shall be actively tended and maintained to promote complete combustion, ensure good fuel-flame contact and burndown.

NR 502.11(5)(j) (j) A sign acceptable to the department shall be posted at the entrance to the operation which indicates the facility name, acceptable wastes, license number, the hours of operation, penalty for unauthorized use, necessary safety precautions and any other pertinent information.

NR 502.11(5)(k) (k) Storm water shall be diverted away from the burning pad, storage area and access areas.

NR 502.11(5)(L) (L) Ash resulting from the operation shall be disposed of at a facility approved by the department to receive that material.

NR 502.11(5)(m) (m) The facility shall be operated in a nuisance-free manner.

NR 502.11 Note Note: Woodburning facilities must obtain a burning permit during certain times of the year under s. 26.12, Stats., or may be required to obtain a burning permit from the township in which the burning will occur.

NR 502.11 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (3) (a) 6. Register January 2006 No. 601, eff. 2-1-06.

NR 502.12 NR 502.12 Yard, farm, food residuals and source-separated compostable material composting facilities.

NR 502.12(1) (1) General. No person may operate or maintain a composting facility for yard residuals, farm crop residue, farm animal manure, animal carcasses, food residuals including vegetable food residuals, or source-separated compostable material except in accordance with the requirements of this section or s. NR 243.15 (8).

NR 502.12 Note Note: Pursuant to s. NR 243.15(8), the Department may choose to regulate composting facilities associated with livestock operations that are subject to the requirements of ch. NR 243 under that operation’s Wisconsin Pollution Discharge Elimination System permit instead of under s. NR 502.12. Facilities for composting waste types other than yard residuals, farm crop residue, farm animal manure, animal carcasses, food residuals or source-separated compostable materials are regulated under s. NR 502.08. Local ordinances may apply to facilities regulated under this section.

NR 502.12(2) (2) Household exemption. Facilities for composting only source-separated compostable material from a single family or household, a member of which is the owner, occupant or lessee of the property where the facility is located, are exempt from all requirements of this chapter, provided the facility is operated in a nuisance-free and environmentally sound manner.

NR 502.12(3) (3) Limited exemption for source-separated compostable material composting facilities with capacity of 50 cubic yards or less. Facilities for composting source-separated compostable materials that do not exceed 50 cubic yards at one time, including collected raw materials and compost being processed but excluding finished compost, are exempt from the requirements specified in s. NR 502.04 (2) to (6), locational criteria, plan of operation submittal, licensing and all other requirements of this chapter provided the following are met:

NR 502.12(3)(a) (a) The performance standards specified in s. NR 502.04 (1) and the minimum operational standards specified in sub. (10).

NR 502.12(3)(b) (b) The facility is operated in a nuisance-free and environmentally sound manner.

NR 502.12(4) (4) Limited exemption for farm crop residue or manure composting facilities. Facilities for on site composting of farm crop residue or manure, except deer or elk manure, directly from agricultural operations are exempt from the requirements of s. NR 502.04 (2) to (6), locational criteria, plan of operation submittal, licensing and all other requirements of this chapter, provided all of the following requirements are met:

NR 502.12(4)(a) (a) The performance standards in s. NR 502.04 (1).

NR 502.12(4)(b) (b) The facility is operated in a nuisance-free and environmentally sound manner.

NR 502.12(4)(c) (c) All the farm crop residue and manure composted are generated from agricultural operations either under common ownership, common management or located adjacent to each other, and the composting occurs on the property of one of these agricultural operations.

NR 502.12(4)(d) (d) The compost is utilized for agricultural landspreading, at the same farm or at another farm, in accordance with s. NR 518.04 (1) (b) or (i).

NR 502.12(4)(e) (e) Source-separated compostable material other than farm crop residue and manure may be accepted from off site for use in the composting process if the following requirements are met:

NR 502.12(4)(e)1. 1. The locational criteria in sub. (8), unless the offsite material consists exclusively of yard material, clean chipped wood, or both.

NR 502.12(4)(e)2. 2. The minimum operational and design standards in subs. (10) and (11).

NR 502.12(4)(e)3. 3. The recordkeeping requirements of sub. (15) (a) 3. and the discharge inspection requirements in sub. (15) (a) 4.

NR 502.12(4)(e)4. 4. The combined volume of farm crop residue, farm animal manure, and source-separated compostable material on site at one time may not exceed 10,000 cubic yards, including collected raw materials and compost being processed but excluding finished compost. The volume of food residual inputs to the composting process may not exceed 25 percent of the total combined volume of raw material inputs. Inputs shall be mixed to achieve an initial carbon to nitrogen ratio of at least 20 to 1.

NR 502.12 Note Note: Composting facilities that accept manure or are located at a livestock operation may be subject to additional state requirements in chs. NR 151 and 243 and in ch. ATCP 51, as well as local regulations for manure storage and shoreland and floodplain zoning. Public distribution of the compost may be regulated by the department of agriculture, trade and consumer protection (DATCP). Other local ordinances may apply to facilities regulated under this section. The following landspreading operations are exempt under s. NR 518.04 (1) (b), (h) and (i), respectively, provided the material is applied as a soil conditioner or fertilizer in accordance with accepted agricultural practices and the facility is operated and maintained in a safe, nuisance-free manner: