Register January 2024 No. 817
Chapter NR 500
GENERAL SOLID WASTE MANAGEMENT REQUIREMENTS
NR 500.035 CCR landfill requirements.
NR 500.04 Initial site inspection.
NR 500.05 General submittal requirements.
NR 500.06 License applications.
NR 500.065 License issuance.
NR 500.09 Construction inspection.
NR 500.10 Exemption for use of municipal solid waste as a fuel.
NR 500.01
NR 500.01 Purpose. The purpose of this chapter is to provide definitions, submittal requirements, exemptions and other general information relating to solid waste facilities. This chapter is adopted pursuant to s.
227.11, Stats., and ch.
289, Stats.
NR 500.01 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88.
NR 500.02(1)(a)
(a) Except as provided under par.
(b) and except as otherwise provided, this chapter governs all solid waste facilities as defined under s.
289.01 (35), Stats., including all CCR landfills and expansions.
NR 500.02(2)
(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s.
281.41, Stats., or permitted under ch.
283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s.
281.41, Stats., or permitted under ch.
283, Stats., except for facilities used for the disposal of solid waste.
NR 500.02 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1992, No. 437; am. (1),
Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2003 No. 567; correction in (1) made under s. 13.93 (2m) (b) 7., Stats;
CR 13-057: am. (1)
Register July 2015 No. 715, eff. 8-1-15;
CR 21-076: renum. (1) to (1) (a) and (b) 1. to 3., cr. (b) (intro.)
Register July 2022 No. 799, eff. 8-1-22.
NR 500.03
NR 500.03 Definitions. The following definitions as well as the definitions in chs.
289 and
299, Stats., are applicable to the terms used in chs.
NR 500 to
538 unless the context requires otherwise.
NR 500.03(1)
(1) “ACL" means alternative concentration limit.
NR 500.03(2)
(2) “Active facility life" means the period of operation beginning with the initial receipt of solid waste at a facility until the department issues a closure and long term care license in accordance with s.
NR 520.04 (3) or, if a closure and long term care license is not required, until the facility ceases to accept waste and has completed all closure activities in accordance with chs.
NR 500 to
538 and any applicable plan approvals.
NR 500.03(2m)
(2m) “
Active portion” means that part of a CCR landfill that has received or is receiving CCR or non-CCR waste and that has not completed closure in accordance with ch.
NR 506.
NR 500.03(3)
(3) “Air curtain destructor" means a solid waste facility that combines a fixed wall, open pit and mechanical air supply which uses an excess of oxygen and turbulence to accomplish the smokeless combustion of clean wood, brush, stumps or trees.
NR 500.03(4)
(4) “Airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available airport facilities.
NR 500.03(6)
(6) “Anti-seep collar" means a device which is attached to a leachate transfer pipe to prevent the migration of leachate along the pipe.
NR 500.03(7)
(7) “Applicant" means a person applying for a license or approval for a solid waste facility.
NR 500.03(10)
(10) “Areas susceptible to mass movement" means those areas characterized as having an active or substantial possibility of mass movement where the movement of earth material at, beneath, or adjacent to the landfill, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, solifluction, block sliding, and rock fall.
NR 500.03(11)
(11) “Aquifer" means a geologic formation, group of formations or part of a formation which are saturated and can transmit economic quantities of groundwater.
NR 500.03(12)
(12) “Asbestos" means any material which contains fibrous chrysotile, crocidolite, amosite minerals or the fibrous varieties of anthopyllite, tremolite and actinolite.
NR 500.03 Note
Note: Asbestos containing material is further defined in subs. (25), (26), and (91).
NR 500.03(13)
(13) “Assessment monitoring" means groundwater monitoring conducted at Subtitle D wells in accordance with s.
NR 508.04 when a groundwater standard is attained or exceeded at a Subtitle D well.
NR 500.03(14)
(14) “ASTM method", “ASTM standard" or “ASTM-" means a method or standard recognized and published by ASTM International.
NR 500.03(14m)
(14m) “ASTM International" means American Society for Testing and Materials International, located at 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, (610) 832-9585,
www.astm.org NR 500.03(16)
(16) “Base grade" means the elevation of a facility or portion of a facility following placement of the liner but prior to the placement of any granular drainage blanket.
NR 500.03(17)
(17) “Baseline" means groundwater quality at a point that is measured after the parameters have stabilized following installation of a monitoring well.
NR 500.03(18)
(18) “Bedrock" means all rock formations at or beneath the land surface.
NR 500.03(19)
(19) “Beneficial use" or “beneficial reuse" means the utilization of a solid waste or an industrial by-product in a productive manner.
NR 500.03(19m)
(19m) “Beneficial use of CCR” means the utilization of a solid waste or an industrial by-product in a “productive manner,” which has the meaning given in s.
NR 538.03 (10).
NR 500.03(20)
(20) “Bird hazard" means an increase in the likelihood of a bird and aircraft collision that may cause damage to the aircraft or injury to its occupants.
NR 500.03(20m)
(20m) “Borrow source" means a location where nonmetallic mining, as defined in s.
NR 135.03 (13), is conducted for soils and aggregates used in landfill construction, operation and closure.
NR 500.03(20r)
(20r) “Botanical residuals" means compostable materials and associated mineral soils derived from commercial and noncommercial horticultural activities such as greenhouse and plant nursery operations.
NR 500.03(21)
(21) “Building materials" means non-combustible construction material including brick, concrete and drywall.
NR 500.03(22)
(22) “Bulk blood and body fluids" means drippable or pourable quantities or items saturated with whole blood or blood components, blood specimens, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, amniotic fluid, peritoneal fluid, peritoneal dialysate, pericardial fluid, pleural fluid and other body fluids visibly contaminated with blood.
NR 500.03(24)
(24) “Captive insurance company" means a closely-held company owned by one or more organizations, parents, whose original purpose was and may continue to be, to insure some or all of the risks of shareholders or affiliated organizations.
NR 500.03 Note
Note: Section
NR 447.02 (1) (a) defines category I nonfriable asbestos-containing matter to mean “asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in s.
NR 484.04, that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure."
NR 500.03 Note
Note: Section
NR 447.02 (1) (b) defines category II nonfriable asbestos-containing matter to mean “any material, excluding Category I nonfriable ACM, containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure."
NR 500.03(26b)
(26b) “CCR” means coal combustion residuals, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
NR 500.03(26f)
(26f) “CCR fugitive dust” means solid airborne particulate matter that contains or is derived from CCR, emitted from any source other than a stack or chimney.
NR 500.03(26k)(a)(a) “CCR landfill” means a landfill that receives CCR, including nonmetallic mining sites under s.
295.11 (6), Stats., that receive CCR, and any area of land or excavation that receives CCR, including sand and gravel pits and quarries that receive CCR, CCR piles, and any practice that does not meet the definition of a beneficial use of CCR under sub.
(19m).
NR 500.03(26k)(b)
(b) “CCR landfill” does not include a CCR surface impoundment or municipal solid waste landfill that receives CCR.
NR 500.03(26p)(a)(a) “CCR pile” means any non-containerized accumulation of solid, nonflowing CCR that is placed on the land.
NR 500.03(26p)(b)
(b) “CCR pile” does not include CCR that is stored for beneficial use of CCR or beneficially used under ch.
NR 538.
NR 500.03(26s)
(26s) “CCR surface impoundment” means a natural topographic depression, man-made excavation, or diked area that is designed to hold an accumulation of CCR and liquids, and the unit treats, stores or disposes of CCR.
NR 500.03(26w)(a)(a) “CCR unit” means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR landfill, or a combination of more than one of these units.
NR 500.03(26w)(b)
(b) “CCR unit” includes both new and existing units, unless otherwise specified.
NR 500.03(26y)
(26y) “CCR well” means a designated well installed at a CCR landfill whose location and depth have been approved by the department specifically for monitoring purposes under Subtitle D.
NR 500.03(27)
(27) “Certificate of deposit" means a certificate issued by a bank or financial institution acknowledging receipt of a specified sum of money in a special kind of time deposit, drawing interest and requiring written notice for withdrawal.
NR 500.03(29)
(29) “Class A compost" means compost derived from source-separated compostable materials that meets the requirements of s.
NR 502.12 (16).
NR 500.03(30)
(30) “Clay" means all soil particles less than .005 mm.
NR 500.03(30g)
(30g) “Clean chipped wood" means unpainted, untreated and unlaminated wood that has been chipped, ground or shredded into small pieces and is free from contamination by bonding agents, dyes, finishes, chemical preservatives, or physical contaminants such as metal or plastic.
