Chapter NR 502

NR 502.04(5) (5) Environmental monitoring. The department may require the owner or operator of any facility for which a plan is required under this chapter, or any person who permits the use of property for such purposes, to conduct environmental monitoring in accordance with ch. NR 507 and plans approved by the department, including surface water, groundwater, unsaturated zone or gas monitoring. The department may require monitoring after closure of the facility.

NR 502.04(6) (6) Financial responsibility. The department may require the owner or operator of any facility for which a plan is required under this chapter to provide proof of financial responsibility for the cost of closure of the facility. The department may require the owner or operator to submit closure cost estimates for removal, transport and ultimate disposal of the wastes. If proof of financial responsibility is required by the department, it shall be submitted prior to licensing of the facility, or as otherwise specified by the department.

NR 502.04 Note Note: Requirements for closure cost estimates for these facilities are found under s. NR 520.07 (2m).

NR 502.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr, Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: r. and recr. (1) (a) 4., rn. (2) (c) 1. and 2. to be (2) (c) 1. and r. and recr., renum. (2) (c) 3. to be (2) (c) 2. Register January 2006 No. 601, eff. 2-1-06; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., Register March 2017 No. 735.

NR 502.05 NR 502.05 Storage facilities.

NR 502.05(1) (1) General.

NR 502.05(1)(a) (a) Unless exempt under sub. (2), (3) (b) or (d) to (i), owners and operators of solid waste storage facilities shall comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).

NR 502.05(1)(b) (b) Unless exempt under sub. (2) or (3) (a) to (j), all new or expanded solid waste storage facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with the applicable locational criteria listed in sub. (4).

NR 502.05(1)(c) (c) Unless exempt under sub. (2) or (3) (b) to (i), owners and operators of solid waste storage facilities shall store all waste in containers in compliance with the operational requirements for containerized storage facilities under sub. (5).

NR 502.05(1)(d) (d) Unless wastes are stored only in containers, or the facility is exempt under sub. (2) or (3) (b) to (i), owners and operators of solid waste storage facilities shall comply with operational requirements for noncontainerized storage facilities under sub. (6).

NR 502.05(1)(e) (e) Unless exempt under sub. (2) or (3), all new or expanded solid waste storage facilities shall obtain approval of a plan of operation as specified in sub. (8), and comply with requirements for engineering plans and construction documentation in subs. (9) and (10).

NR 502.05(1)(f) (f) Unless exempt under sub. (2) or (3) (a) to (j), owners and operators of solid waste storage facilities shall obtain an operating license from the department.

NR 502.05(1)(g) (g) No person may operate or maintain a storage facility for municipal solid waste combustor residue except in compliance with sub. (7).

NR 502.05(1)(h) (h) No person may operate or maintain a storage facility for infectious waste unless the person complies with s. NR 526.09.

NR 502.05(2) (2) Exemptions for household waste. Containers for household wastes, serving a single household and located on the property where the waste is generated are exempt from all requirements of this chapter.

NR 502.05(3) (3) Other exemptions. The following storage facilities are exempt from all requirements of this chapter, except as specified.

NR 502.05(3)(a) (a) Storage facilities storing major appliances, electronic devices, or furniture, or that utilize containers such as lugger boxes or rolloffs for solid waste storage that serve apartments, commercial establishments, business establishments, and industries that are located on the premises served, provided the facility complies with the performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b) and the operational requirements listed under sub. (5).

NR 502.05(3)(b) (b) Pit silos used for the storage of by-products from fruit, vegetable or grain processing operations where the by-products are to be used for animal feed, provided the facility is in compliance with applicable portions of ch. NR 213.

NR 502.05(3)(c) (c) Facilities for high volume industrial waste or wood residue where the waste is stored at the point of generation for less than 72 hours prior to being transported for disposal or beneficial reuse and the facility complies with the general requirements listed under s. NR 502.04 and is operated and maintained in an environmentally sound and nuisance-free manner.

NR 502.05(3)(d) (d) On site storage facilities at a solid waste processing facility, solid waste incinerator facility, or municipal solid waste combustor facility, provided the facility is in compliance with applicable portions of s. NR 502.08, 502.09 or 502.13.

NR 502.05(3)(e) (e) Facilities that store only used oil which is managed in compliance with ch. NR 679.

NR 502.05(3)(f) (f) Infectious waste storage facilities which are exempt from licensing under s. NR 526.09.

NR 502.05(3)(g) (g) 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 under s. NR 544.16 (2).

NR 502.05(3)(h) (h) Contaminated soil storage facilities in compliance with ch. NR 718.

NR 502.05(3)(i) (i) Facilities for the storage of industrial byproducts which are managed in compliance with ch. NR 538.

NR 502.05(3)(j) (j) Noncontainerized storage facilities which meet all of the following criteria are exempt from all other requirements of this chapter:

NR 502.05(3)(j)1. 1. The facility meets the performance standards and closure requirements specified in s. NR 502.04 (1) and (3) (a) and (b), and complies with the operational requirements for noncontainerized storage facilities listed under sub. (6).

NR 502.05(3)(j)2. 2. The solid waste does not include putrescible waste such as garbage, municipal refuse or residue produced by the burning of municipal solid waste.

NR 502.05(3)(j)3. 3. The waste is free of noxious odors and not readily transported by wind or water unless it is stored to prevent such transport.

NR 502.05(3)(j)4. 4. The facility exists less than 9 months from the time of initial storage to the removal of all waste.

NR 502.05(3)(j)5. 5. The volume of waste stored at the facility does not exceed 5,000 cubic yards at any time.

NR 502.05(3)(j)6. 6. The combined total volume of waste stored at the facility over the allowable 9 month period does not exceed 10,000 cubic yards.

NR 502.05(3)(j)7. 7. Waste storage does not occur within a floodplain, or within 100 feet of any public or private water supply well, navigable lake, pond, flowage, river or stream, or within 20 feet of the facility property boundary.

NR 502.05(3)(k) (k) Containerized storage facilities within a building that meet all of the following criteria are exempt from all other requirements of this chapter:

NR 502.05(3)(k)1. 1. Comply with performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).

NR 502.05(3)(k)2. 2. New or expanded facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with applicable locational criteria in sub. (4).

NR 502.05(3)(k)3. 3. Obtain an operating license from the department.

NR 502.05(3)(k)4. 4. Accept a maximum of 50 tons of waste per day and store a maximum of 1,000 tons of waste at any one time.

NR 502.05(3)(k)5. 5. Comply with operational requirements for containerized storage facilities in sub. (5).

NR 502.05(3)(k)6. 6. Do not accept municipal solid waste combustor residue.

NR 502.05(3)(k)7. 7. 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 containerized storage facility, _________________(facility name), located at _________________(location address); that I am aware of ss. NR 502.04 and 502.05, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the codes.

____________________________   _________________
(signature of authorized individual)   (signature date)

NR 502.05(3)(k)8. 8. If the certification required in subd. 7. 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 502.05(4) (4) Locational criteria for storage facilities.

NR 502.05(4)(a) (a) Except as otherwise specified in this section, new or expanded solid waste storage facilities may not be located in any of the following areas, unless an exemption is granted under par. (b):

NR 502.05(4)(a)1. 1. Within a floodplain.

NR 502.05(4)(a)2. 2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.

NR 502.05(4)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.

NR 502.05(4)(a)4. 4. Within 250 feet of any navigable river or stream.

NR 502.05(4)(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 502.05(4)(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 502.05(4)(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 502.05(4)(b) (b) The locational criteria listed under par. (a) 2. to 7. do not apply to containerized waste storage or storage within an enclosed building. However, the department may require containerized and enclosed solid waste storage 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 502.05(5) (5) Operational requirements for containerized storage facilities. No person may operate or maintain a containerized storage facility except in conformance with the following minimum operational requirements:

NR 502.05(5)(a) (a) Storage containers shall be durable, rust resistant, nonabsorbent, leak-proof, easy to clean and able to effectively contain the stored waste. If garbage or similar putrescible wastes are stored, the containers shall have close-fitting, fly-tight covers and be constructed of light-weight durable material.

NR 502.05(5)(b) (b) Covers and containers shall be maintained in good condition.

NR 502.05(5)(c) (c) Containers handling municipal solid waste shall be removed and emptied at least once per week, or more often if conditions warrant. Containers handling nonputrescible industrial waste shall be removed and emptied as necessary, but at least once every 90 days.

NR 502.05(5)(d) (d) All weather access shall be provided and maintained.

NR 502.05(5)(e) (e) Effective means shall be provided to control flies, rodents and other vectors.

NR 502.05(5)(f) (f) Objects too large for the containers shall be stored in a nuisance-free manner.

NR 502.05(5)(g) (g) Periodic clean-up and maintenance of the storage container and surrounding area shall be conducted to keep it aesthetically pleasing and nuisance-free. This maintenance shall be the responsibility of the property owner where the containers are located as well as the owner of the containers.

NR 502.05(5)(h) (h) Gates, fencing and an attendant or other appropriate access restrictions shall be provided, as specified by the department, to prevent nuisance conditions or if mechanical compaction equipment is part of the facility.

NR 502.05(5)(i) (i) Disposal of solid waste is not allowed at a storage facility.

NR 502.05(5)(j) (j) Solid waste may not be burned.

NR 502.05(5)(k) (k) The facility shall be operated and maintained in a sanitary, nuisance-free manner so as to protect the environment and the public health.

NR 502.05(5)(L) (L) Adequate storm water drainage shall be maintained on and around the facility.

NR 502.05(6) (6) Operational requirements for noncontainerized storage facilities. No person may operate or maintain a noncontainerized storage facility except in conformance with an approved plan of operation and the following minimum operational requirements:

NR 502.05(6)(a) (a) All weather access shall be provided and maintained.

NR 502.05(6)(b) (b) Effective measures shall be taken to control flies, rodents and other vectors.

NR 502.05(6)(c) (c) Periodic maintenance or clean-up of the facility shall be conducted to keep it aesthetically pleasing and nuisance-free.

NR 502.05(6)(d) (d) Gates, fencing and an attendant shall be provided as specified by the department.

NR 502.05(6)(e) (e) Solid waste shall be disposed of at a licensed facility approved by the department.

NR 502.05(6)(f) (f) Solid waste may not be burned.

NR 502.05(6)(g) (g) The facility shall be operated and maintained in a sanitary, nuisance-free manner so as to protect the environment and the public health.

NR 502.05(6)(h) (h) Adequate drainage shall be maintained on and around the facility.

NR 502.05(7) (7) Operational requirements for municipal solid waste combustor residue storage facilities. Except for on site storage at a municipal solid waste combustor approved under s. NR 502.13, no person may maintain or operate a storage facility for residue produced by burning municipal solid waste unless the person has obtained an operating license under sub. (1), and written approval of a plan of operation under sub. (8), for the facility. Residue storage areas shall be designed, operated and maintained in compliance with the applicable operational requirements specified under sub. (5) or (6) and the following:

NR 502.05(7)(a) (a) The residue shall be wetted at all times during storage 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 the air in the residue handling areas.

NR 502.05(7)(b) (b) The storage area shall have an impervious surface on which the residue is stored and a collection system for any liquids coming into contact with the residue. All liquid that comes into contact with the residue shall be collected and treated at a wastewater treatment plant approved by the department.

NR 502.05(7)(c) (c) Access to the storage areas shall be restricted to authorized personnel only. Fencing or other means of access control acceptable to the department shall be maintained around the storage facility.

NR 502.05(8) (8) Plan of operation. No person may establish or construct a solid waste storage facility or expand an existing facility unless the person has obtained a plan of operation approval from the department. 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 applicable operational requirements specified under subs. (5) to (7). Unless otherwise approved by the department in writing, the plan shall be submitted in accordance with s. NR 500.05 and shall contain, at a minimum, the following information:

NR 502.05(8)(a) (a) A legal description of the facility.

NR 502.05(8)(b) (b) The present ownership of the property.

NR 502.05(8)(c) (c) The proposed facility size, a description of the present land use of the facility and the area within 1/4 mile of the facility.

NR 502.05(8)(d) (d) The area served, including population and major industries.

NR 502.05(8)(e) (e) The consistency of facility development with areawide solid waste plans and land use plans.

NR 502.05(8)(f) (f) The predominant types of vegetation and wildlife within the proposed facility boundaries.

NR 502.05(8)(g) (g) A complete materials balance for the storage facility, specifying amounts and characteristics of solid waste.

NR 502.05(8)(h) (h) The types of vehicles and access routes used to transport solid waste to and from the facility including the traffic flow patterns within the facility, and an estimate of the increased quantities of traffic on access routes to and from the facility.