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:
NR 502.08(5)(a)
(a) An existing conditions map, which shows the entire facility and the area within 1/4 mile. The minimum scale shall be 1
‶ = 400
‵. This map shall include the proposed facility boundary, property lines, easements and rights-of-way, buildings foundations, roads, utilities and other structures; 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 502.08(5)(b)
(b) A facility plan which includes 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 502.08(5)(c)
(c) A proposed layout of each facility building including receiving, processing, and loadout areas. The minimum scale shall be 1
‶ = 20
‵. The building layout shall also show the location of all major facility equipment, including material handling equipment, air handling and air pollution control equipment, floor drains and process sewers, and other pertinent design features.
NR 502.08(5)(d)
(d) At least one cross section drawn through the receiving area, each process line, and the loadout area indicating existing topography, limits of excavation, proposed final grade, and other pertinent design features. More cross sections may be necessary depending on the complexity of the facility design.
NR 502.08(6)
(6)
Minimum operational requirements. No person may operate or maintain a solid waste processing facility except in conformance with any approved plan of operation and the following minimum requirements:
NR 502.08(6)(a)
(a) A sign, acceptable to the department, shall be posted at the entrance to the facility which indicates the name, license number, the hours of operation, a list of all prohibited wastes, the penalty for unauthorized use, all necessary safety precautions and other pertinent information.
NR 502.08(6)(b)
(b) Access to the processing facility shall be limited to those times that an attendant is on duty.
NR 502.08(6)(c)
(c) A processing facility shall be operated under the close supervision of responsible individuals who are thoroughly familiar with the requirements and operational procedures of the plant.
NR 502.08(6)(d)
(d) Unloading of solid waste shall take place only in approved, designated areas. All solid waste, with the exception of that in the process line, shall be stored in conformance with s.
NR 502.05.
NR 502.08(6)(e)
(e) The operation shall be conducted in a manner to prevent public health hazards and nuisances, including keeping the processing facility and adjacent area clean and free from litter, and taking effective means to control flies, rodents and other insects or vermin.
NR 502.08(6)(f)
(f) Waste containing free liquids, sludges or asbestos waste shall be excluded unless plans specifically addressing the handling of these materials have been submitted to the department and approved in writing. Solid waste which is flammable or explosive may not be accepted. Infectious waste may be accepted only in accordance with s.
NR 526.12.
NR 502.08(6)(g)
(g) 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 502.08(6)(h)
(h) All operators shall be trained on the sources, quantities and characteristics of the wastes to be processed; process line start up procedures, routine monitoring and cleanup procedures; daily processing and equipment maintenance schedules; methods of controlling access, odors and windblown materials; methods of controlling fires and explosions, use of appropriate safety equipment; persons to contact concerning operational problems and emergencies. An operator training manual containing this and other pertinent operating information shall be prepared and maintained at the facility. Means of communication with emergency facilities shall be provided.
NR 502.08(6)(j)
(j) Materials resulting from composting or similar processes and offered for sale or public distribution shall be:
NR 502.08(6)(j)1.
1. Stabilized to eliminate pathogenic organisms and to ensure that the materials do not reheat upon standing.
NR 502.08(6)(j)2.
2. Free of sharp particles which could cause injury to persons handling the compost.
NR 502.08(6)(j)3.
3. Free of toxins which could cause detrimental impacts to public health or the environment.
NR 502.08(6)(k)
(k) Dust generated by the unloading of solid waste and the operation of the processing facility shall be controlled in accordance with the state air management rules so as not to create nuisance conditions.
NR 502.08(6)(L)
(L) If required by the department, permanent records of facility performance shall be maintained and submitted to the department with the relicensing application or as specified in the plan approval. Records shall indicate types, sources and amounts of solid waste processed, minor plant modifications performed, process monitoring data, amounts and characterization testing of process outputs, and other data as required by the department when granting the license.
NR 502.08(6)(m)
(m) Arrangements shall be made with an approved solid waste disposal facility for use in the event that the processing facility is rendered inoperable or is not able to completely process the solid waste.
NR 502.08(6)(n)
(n) By-products or residues shall be disposed of in facilities approved to receive such waste or shall be handled by an alternative method approved by the department.
NR 502.08(6)(o)
(o) All areas disturbed during facility construction or operation shall be graded to a maximum slope of 3 horizontal to 1 vertical, covered with 6 inches of topsoil and seeded or otherwise protected from soil erosion. All borrow areas shall be abandoned in accordance with Wisconsin department of transportation procedures.
NR 502.08(6)(p)
(p) The operator of an electronics processing facility shall notify any collection and transportation service operating under s.
NR 502.06 (2) (ag) that it contracts with of the need to comply with the operational requirements under s.
NR 502.06 (2) (ag). The operator of the electronics processing facility shall meet all of the following requirements for notification:
NR 502.08(6)(p)1.
1. Notification shall be in writing and provided at the time of entering into a contract for collection and transportation services and annually thereafter.
NR 502.08(6)(p)2.
2. The electronics processing facility shall maintain documentation of this notification for the preceding calendar year.
NR 502.08(7)
(7)
Construction documentation. The department may require that a registered professional engineer document facility construction and render an opinion whether the facility has been constructed in substantial conformance with the approved plan. 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 commence 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 502.08(8)
(8)
Monitoring. Specific monitoring requirements and testing procedures for new, expanded and existing processing facilities will be determined by the department based on a review of the potential for environmental pollution. The department may require the owner or operator of any processing facility or any person who permits the use of property for that purpose to conduct monitoring as follows:
NR 502.08(8)(b)
(b) Product testing and waste characterization. The frequency of testing and parameters to be analyzed will be determined based on a review of the proposal and complexity of the product. The quality control program will correlate with the nature of the waste to be processed and final uses proposed for the material.
NR 502.08(8)(c)
(c) Groundwater and surface water monitoring. The frequency and type of monitoring and analysis will be determined based on a review of the project.
NR 502.08(8)(d)
(d) Periodic assessments of plant operation, process feasibility and marketability analyses of processed materials.
NR 502.08 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (1), cr. (15),
Register, May, 1992, No. 437, eff. 6-1-92; am. (1), (2) (f), (9) (l),
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; am. (2) (i) (intro.),
Register, September, 1998, No. 513, eff. 10-1-98;
CR 04-113:
CR 04-113: am. (2) (b) and (f), cr. (2) (fg) and (fr)
Register June 2005 No. 594, eff. 7-1-05;
CR 05-020: am. (3) (a) 6.
Register January 2006 No. 601, eff. 2-1-06; correction in (2) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2011 No. 661;
CR 21-041: cr. (1) (c), am. (2) (f), cr. (2) (j), (k), (6) (p) Register June 2023 No. 810, eff. 7-1-23. NR 502.09(1)(a)(a) Unless exempt under sub.
(2), no person may operate a solid waste incinerator 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 502.09(1)(b)
(b) Unless exempt under sub.
(2), owners and operators of new or expanded solid waste incinerators shall demonstrate compliance with the locational criteria in sub.
(3).
NR 502.09(2)(a)(a) Incinerators having a capacity of 500 pounds per hour or less are exempt from all requirements of this section except the disposal requirements in sub.
(5) (n) and the ash characterization requirements in sub.
(6). The facility shall be designed and operated in conformance with emission limitations of state air pollution control regulations in chs.
NR 400 to
499.
NR 502.09(2)(b)
(b) Incinerators burning only clean wood waste are exempt from all requirements of this section except the disposal requirements in sub.
(5) (n) and the ash characterization requirements in sub.
(6).
NR 502.09(2)(c)
(c) Municipal solid waste combustors which are regulated under s.
NR 502.13 are not subject to regulation under this section.
NR 502.09(2)(d)
(d) Incinerators which burn only used oil which is managed in compliance with ch.
NR 679 are exempt from all requirements of this section.
NR 502.09(3)(a)(a) Except as otherwise specified in this section, new or expanded solid waste incinerator facilities may not be located in any of the following areas, unless an exemption has been granted under par.
(b):
NR 502.09(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 502.09(3)(b)
(b) The department may require an incinerator facility meet additional locational criteria 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 compliance with par.
(a) 2. only upon demonstration by the applicant of circumstances which warrant such exemptions. Exemption from compliance with par.
(a) 1. may not be granted.
NR 502.09(4)
(4)
Plan of operation. No person may establish or construct an incinerator or expand an existing incinerator prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation for an incinerator shall provide a design which complies with the operational requirements in sub.
(5) and contain, at a minimum, the following information:
NR 502.09(4)(a)
(a) A map or aerial photograph of the area showing land use and zoning within 1/4 mile of the site. The map or aerial photograph shall be of sufficient scale to show all homes, industrial buildings, roads and other applicable details and the details shall be identified and indicated on the map or aerial photograph.
NR 502.09(4)(b)
(b) A plot plan of the incinerator site including means of limiting access such as fencing, gates, natural barriers; methods of acceptably screening the facility from the surrounding area; general layout of equipment and flow pattern; road access; and location of existing and proposed utilities serving the incinerator.
NR 502.09(4)(c)
(c) A report which shall include the following information:
NR 502.09(4)(c)1.
1. The legal description of the property where the incinerator will be located.
NR 502.09(4)(c)2.
2. Population, area and facilities to be served by the incinerator.
NR 502.09(4)(c)3.
3. Anticipated type and quantity of waste to be handled by the incinerator.
NR 502.09(4)(c)5.
5. Methods of collecting and treating or disposing of any liquid wastes or waste waters resulting from the operation of the incinerator.
NR 502.09(4)(d)
(d) A description of all appurtenances and procedures intended to store refuse beyond the end of the working day and to control dust, odors, fire outside the burning chamber and windblown materials.
NR 502.09(4)(e)
(e) A description of all methods of volume reduction including compaction, compression, baling, shredding, grinding, tamping, separating or classifying.
NR 502.09(4)(g)
(g) A description of incinerator inspection and maintenance schedule and procedures.
NR 502.09(4)(h)
(h) Detailed drawings and specifications of all structures, equipment and site.
NR 502.09(4)(i)
(i) A report which includes furnace design criteria and expected performance data, including emission data.
NR 502.09(4)(j)
(j) Identification of the site at which the ash residue will be disposed and alternative sites available for use when the primary site is inoperative.
NR 502.09(5)
(5)
Operational requirements. No person may operate or maintain an incinerator except in conformance with the following minimum requirements, unless an exemption is granted by the department in writing:
NR 502.09(5)(a)
(a) The incinerator shall be equipped, operated and maintained in a nuisance-free manner.
NR 502.09(5)(b)
(b) Adequate shelter and sanitary facilities shall be available for personnel.
NR 502.09(5)(c)
(c) A sign shall be prominently posted at the entrance to the facility which indicates the name, license number, the hours of operation, necessary safety precautions and any other pertinent information.
NR 502.09(5)(d)
(d) All incoming solid waste shall be confined to the designated storage area.
NR 502.09(5)(f)
(f) Dust shall be controlled in the unloading and charging areas.
NR 502.09(5)(g)
(g) Permanent records shall be maintained including the weights of material incinerated, the quantity of resulting residue, hours of plant operation, combustion temperatures, residence time and other pertinent information.
NR 502.09(5)(h)
(h) Appropriate fire-fighting equipment shall be available in the storage and charging areas and elsewhere as needed.
NR 502.09(5)(i)
(i) Arrangements shall be made with the local fire protection agency to provide adequate emergency fire-fighting forces.
NR 502.09(5)(j)
(j) Means of communication with emergency facilities shall be provided.
NR 502.09(5)(k)
(k) Adequate equipment shall be provided and used to clean the waste storage, waste handling, waste charging, and ash handling areas as may be required in order to maintain the facility in a sanitary condition.
NR 502.09(5)(L)
(L) The charging openings as well as all equipment throughout the plant shall be provided with adequate safety equipment.
NR 502.09(5)(m)
(m) The incinerator shall be designed and operated such that it will not cause a nuisance because of the emission of noxious odors, gases, contaminants or particulate matter or exceed emission limitations established by state air management rules.
NR 502.09(5)(n)
(n) Ash shall be disposed of at a solid waste facility licensed by the department to accept the material or be handled by an alternate method approved in writing by the department. Approval will be issued on a case-by-case basis after review of the information specified in sub.
(6).
NR 502.09(5)(o)
(o) All wastewater from the incinerator shall be discharged into a sanitary sewer or other system approved in writing by the department.
NR 502.09(5)(p)
(p) Upon completion of construction of a new incinerator and at least 10 days prior to initial operation, the department shall be notified to allow inspection of the incinerator both prior to and during any performance tests and initial operation.
NR 502.09(5)(r)
(r) An approved alternative method shall be used for solid waste disposal during any time that the incinerator is inoperable.
NR 502.09(5)(s)
(s) The incoming waste shall be screened to eliminate unacceptable material from entering the facility such as hazardous waste, asbestos, explosive materials or other materials which may endanger operator safety.
NR 502.09(6)
(6)
Ash characterization. The owner or operator of an incinerator shall undertake a testing program as follows and submit the test results to the department:
NR 502.09(6)(a)
(a) An ash testing program shall be completed within 60 days after construction and shake-down of the incinerator. Representative samples of both fly ash and bottom ash shall be tested for physical characteristics, bulk chemical composition, analysis using the appropriate leaching test and analysis using the toxicity characteristics leaching procedure as specified in s.
NR 661.0024. Sample collection methods, the number of tests, detection limits, and parameters to be tested for will be specified by the department.
NR 502.09(6)(b)
(b) A long-term ash testing program shall be established. For the first year of operation, quarterly testing shall be performed using approved methods and procedures. Thereafter, annual sampling and testing shall be performed. At least one sample of bottom ash and one sample of fly ash, if the ashes are not mechanically combined, or one sample of combined bottom and fly ash, if the ashes are mechanically combined, shall be collected for the required testing. The department may specify an alternate testing program.
NR 502.09 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; r. and recr. (1), renum. (4) and (5) to be (5) and (6), cr. (2) (c) and (4),
Register, May, 1992, No. 437, eff. 6-1-92; cr. (2) (d),
Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1), (3), (4) (c), am. (2) (a) to (d), (4) (intro.), (d) to (g), (j), (5) (intro.), (a), (k), (n), (q), (6), (intro.), (a), (b),
Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2) (d), (6) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2011 No. 661;
CR 19-082: am. (6) (a)
Register August 2020 No. 776, eff. 9-1-20.
