NR 502.06(3)(a)(a) No person may operate or maintain a collection and transport service for the transportation of residue produced by burning municipal solid waste except in accordance with the applicable provisions of this section, and the following special requirements:
NR 502.06(3)(b)
(b) The residue shall contain sufficient moisture during transportation 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 air in the residue handling areas.
NR 502.06(3)(c)
(c) Prior to transportation of the residue, free liquids shall be drained until no more free liquids remain. All vehicles that transport the residue shall be designed and operated as necessary to prevent leakage during operation.
NR 502.06(3)(d)
(d) Access to the residue transport vehicles shall be restricted to authorized personnel only.
NR 502.06(3)(e)
(e) All transportation vehicles shall be covered to adequately prevent spillage and wind blown residue during transport.
NR 502.06(4)
(4)
General operational requirements. No person may operate or maintain a solid waste collection and transportation service except in accordance with the following minimum requirements:
NR 502.06(4)(a)
(a) Each vehicle shall have “WDNR" followed by the license number lettered on the driver's door. The letters shall be at least 2 inches high with a minimum 1/2 inch brush stroke. The lettering shall contrast with the background so it is easy to read.
NR 502.06(4)(b)
(b) Solid waste shall be transported only to facilities which are licensed or approved by the department, or to facilities which are exempt from regulation by the department.
NR 502.06(4)(c)
(c) Vehicles or containers used for the collection and transportation of solid waste shall be durable, easy to clean and leak-proof, if necessary, considering the type of waste and its moisture content. All vehicles and containers shall be cleaned as frequently as necessary to prevent nuisances or insect breeding and shall be maintained in good repair.
NR 502.06(4)(d)
(d) Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage. If spillage does occur, the operator shall immediately return spilled materials to the vehicle and shall properly clean the spill area. In the event of a spill of a hazardous substance the department shall be notified under s.
292.11, Stats., and the spill material shall be collected and the environment restored as provided in ch.
NR 708.
NR 502.06(4)(e)
(e) Services for the collection and transportation of recyclable materials listed in s.
287.07, Stats., and municipal solid wastes shall comply with the prohibitions on land disposal and incineration in s.
287.07, Stats.
NR 502.06(4)(eg)
(eg) Services for the collection and transportation of municipal solid wastes shall notify their clients of the need to comply with state and local laws requiring recycling. In this paragraph, “client" means the contracting entity or the entity that arranges for service provision in the case where there is no formal contract.
NR 502.06(4)(eg)1.
1. Notification for all clients except households in single family and 2 to 4 unit dwellings shall be written, and provided at the time of entering into a contract or otherwise arranging for collection and transportation services and annually thereafter.
NR 502.06(4)(eg)2.
2. Notification for all clients in single family and 2 to 4 unit dwellings shall be provided either at the time a client first arranges for collection and transportation services or in writing within 45 days of that time, and by written notice annually thereafter.
NR 502.06(4)(eg)3.
3. The service provider shall maintain documentation of this notification for the preceding calendar year.
NR 502.06(4)(er)
(er) Unless otherwise specified by contract, a service for the collection and transportation of recycled materials specified in s.
NR 544.04 (3) and
(4) shall, within 4 weeks of a written request from a responsible unit, provide information regarding the amount of recyclable materials collected under contract with the responsible unit.
NR 502.06(4)(f)
(f) Services for the collection and transportation of recyclable materials shall maintain the cleanliness of those materials for recycling purposes.
NR 502.06(4)(g)
(g) Upon the request of the department, a service for the collection and transportation of recyclable materials shall provide satisfactory documentation to the department that the recyclable materials have been delivered to brokers, processors or end users of the materials. Records shall be retained for a period of 3 years from the time of delivery.
NR 502.06(4)(h)
(h) The owner or operator shall provide written notice of termination of service to the department at least 30 days prior to ceasing all transport services for an extended period. The owner or operator shall provide information to the department concerning service areas and disposal facilities used as specified in the license renewal application.
NR 502.06(5)
(5)
Responsibility. A person generating solid waste shall be responsible for the collection and transportation of the waste to a solid waste disposal facility licensed by the department unless the person contracts with a collection and transportation service licensed by the department for that purpose.
NR 502.06 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; renum. (1) and (4) to (6) to be (1) (a) and (6) to (8), cr. (1) (b), (4) and (5),
Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (a), cr. (2) (am) and (6) (e) to (g),
Register, September, 1993, No. 453, eff. 10-1-93, cr. (1) (c), (2) (i),
Register, October, 1994, No. 466, eff. 11-1-94; r. and recr. (1) (a), (b), cr. (2) (ar), (j), (4) (h), am. (2) (intro.), (am), (i), r. (3), (4), (7), renum. (5) and (6) to be (3) and (4), (8) to be (5) and am. (3) (a),
Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (b),
Register, August, 1997, No. 500, eff. 9-1-97; cr. (2) (k),
Register, December, 1997, No. 504, eff. 1-1-98;
CR 04-113: am. (2) (ar) and (4) (e), cr. (4) (eg) and (er)
Register June 2005 No. 594, eff. 7-1-05;
CR 21-041: cr. (2) (ag), am. (2) (am), cr. (2) (L) Register June 2023 No. 810, eff. 7-1-23; correction in (4) (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810. NR 502.07(1)(a)(a) Unless exempt under sub.
(2m), owners and operators of solid waste transfer facilities shall comply with the performance standards and closure requirements in s.
NR 502.04 (1) and
(3) (a) and
(b).
NR 502.07(1)(b)
(b) Unless exempt under sub.
(2),
(2d),
(2f), or
(2m), an owner or operator of a new or expanded solid waste transfer facility shall comply with initial site inspection requirements under s.
NR 502.04 (2) and demonstrate compliance with the locational criteria under sub.
(3).
NR 502.07(1)(c)
(c) Unless exempt under sub.
(2),
(2d),
(2f),
(2m), or
(2r), no person may operate or maintain a solid waste transfer facility unless the person has received approval of a plan of operation as specified under sub.
(4).
NR 502.07(1)(cm)
(cm) Unless exempt under sub.
(2),
(2d),
(2f), or
(2m), no person may operate or maintain a solid waste transfer facility unless the person has obtained an operating license from the department.
NR 502.07(1)(d)
(d) No person may operate or maintain a transfer facility for infectious waste or items mixed with infectious waste unless the person complies with s.
NR 526.09.
NR 502.07(2)
(2)
Exemptions. Transfer facilities at which waste from individual users or from hand unloaded vehicles not exceeding one ton in capacity shall comply with the performance standards and closure requirements in s.
NR 502.04 (1) and
(3) (a) and
(b), but are exempt from all other requirements of this chapter, provided the facility is operated and maintained in conformance with the following practices:
NR 502.07(2)(a)
(a) Containers that do not hold only waste electronic devices shall be leak-proof and manufactured of nondegradable material such as metal, plastic or concrete.
NR 502.07(2)(am)
(am) Containers or packaging material holding only waste electronic devices shall be adequate to prevent breakage and spills, compatible with the contents, and manufactured of material that will remain structurally sound for the length of time material is stored. Electronic devices shall be stored in a manner that will prevent damage from weather, theft, or vandalism.
NR 502.07 Note
Note: A container that otherwise contains only waste electronic devices may contain de minimis amounts of packaging or contamination.
NR 502.07(2)(b)
(b) Where mechanical equipment is a part of the operation, access shall be limited to those times that an attendant is on duty. Access restrictions and an attendant may be required by the department for a nonmechanical facility.
NR 502.07(2)(c)
(c) Containers that do not hold only waste electronic devices shall be removed or emptied at least once per week and more frequently if conditions warrant.
NR 502.07(2)(cm)
(cm) A facility shall demonstrate that containers, pallets, or other packaging material holding only waste electronic devices, along with any waste electronic devices stored outside of a container, are removed or emptied at least once per year.
NR 502.07(2)(d)
(d) The transfer station and adjacent area shall be kept clean and free of litter.
NR 502.07(2)(f)
(f) Effective means shall be provided to control flies, rodents and other insects or vermin.
NR 502.07(2)(g)
(g) An all-weather access road and parking area shall be provided and maintained.
NR 502.07(2)(h)
(h) If recycling facilities are provided, they shall be clearly labeled and maintained in a nuisance-free manner.
NR 502.07(2d)
(2d)
Exempt electronics transfer facilities. A facility for the transfer of waste electronic devices intended for recycling that is not exempt under sub.
(2) shall be operated and maintained in a nuisance-free manner and comply with the performance standards and closure requirements under s.
NR 502.04 (1) and
(3) (a) and
(b), but is exempt from all other requirements of this chapter, provided the facility is operated and maintained in conformance with all of the following practices:
NR 502.07(2d)(a)
(a) Containers or packaging material shall be adequate to prevent breakage and spills, compatible with the contents, and manufactured of material that will remain structurally sound for the length of time material is stored. Electronic devices shall be stored in a manner that will prevent damage from weather, theft, or vandalism.
NR 502.07(2d)(b)
(b) A facility shall demonstrate that containers, pallets or other packaging material holding only waste electronic devices, along with any waste electronic devices stored outside of a container, are removed or emptied at least once per year.
NR 502.07(2d)(c)
(c) The transfer facility and adjacent area shall be kept clean and free of litter.
NR 502.07(2d)(e)
(e) Effective means shall be provided to control rodents, flies, and other insects or vermin.
NR 502.07(2d)(f)
(f) An all-weather access road and parking area shall be provided and maintained.
NR 502.07(2f)
(2f)
Exempt recycling transfer facilities. A facility only for the transfer of items listed under s.
287.07 (4), Stats., shall comply with the operational requirements under sub.
(7) (a),
(c),
(d),
(i),
(k), and
(o), and the performance standards and closure requirements under s.
NR 502.04 (1) and
(3) (a) and
(b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria under sub.
(3), but is exempt from all other requirements of this chapter.
NR 502.07(2m)
(2m)
Exempt used oil facilities. Transfer facilities for only used oil which is managed in compliance with ch.
NR 679 are exempt from all requirements of this chapter.
NR 502.07(2r)
(2r)
Exempt transfer facilities accepting less than 50 tons per day. Transfer facilities that meet all of the following criteria are exempt from all other requirements of this chapter:
NR 502.07(2r)(b)
(b) New or expanded facilities shall comply with initial site inspection requirements in s.
NR 502.04 (2) and demonstrate compliance with locational criteria in sub.
(3).
NR 502.07(2r)(d)
(d) Accept a maximum of 50 tons of waste per day and store a maximum of 50 tons of waste at any one time.
NR 502.07(2r)(e)
(e) Comply with operational requirements for transfer facilities in sub.
(7) and all of the following:
NR 502.07(2r)(e)1.
1. Limit storage periods to a maximum of 24 hours, except within leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service.
NR 502.07(2r)(e)2.
2. Do not accept sewage solids, sludge, asbestos or wastes containing free liquids.
NR 502.07(2r)(e)3.
3. At the end of each operating day, place all waste in leak-proof vehicles or containers with impermeable tops.
NR 502.07(2r)(f)
(f) 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 transfer facility, _________________(facility name), located at _________________(location address); that I am aware of s.
NR 502.07, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the code.
____________________________ _________________
(signature of authorized individual) (signature date)
NR 502.07(2r)(g)
(g) If the certification required in par.
(f) 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 502.07(3)(a)(a) Except as otherwise specified in this section, new or expanded solid waste transfer facilities may not be located in any of the following areas, unless an exemption is granted under par.
(b):
NR 502.07(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 502.07(3)(a)5.
5. Within 100 feet of land owned by a person other than the owner or operator of the facility, unless the waste handling operations are screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the property boundary.
NR 502.07(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 502.07(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 502.07(3)(b)
(b) The locational criteria listed under par.
(a) 2. to
7., do not apply to waste transfer activities located within an enclosed building. However, the department may require enclosed solid waste transfer 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 502.07(4)
(4)
Plan of operation. Unless exempt under sub.
(2),
(2f),
(2m) or
(2r), no person may establish or construct a transfer facility prior to obtaining approval in writing from the department of a plan of operation for the facility. 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 operational requirements in sub.
(7). Unless an exemption is granted by the department in writing, the plan shall be submitted in accordance with s.
NR 500.05 and shall contain engineering plans specified under sub.
(5) and a report containing, at a minimum the following information:
NR 502.07(4)(a)
(a) A legal description of the property and the facility boundaries.
NR 502.07(4)(b)
(b) The present ownership of the proposed facility property.
NR 502.07(4)(f)
(f) A USGS 7
1/
2 minute or 15 minute quadrangle map of the facility property.
NR 502.07(4)(g)
(g) The proposed methods of screening waste handling operations from the surrounding area.
NR 502.07(4)(h)
(h) A discussion of the consistency of facility development with areawide solid waste management plans, land use plans or other areawide plans. Alternatives considered in the project planning phase shall be discussed.
NR 502.07(4)(i)
(i) The population and area to be served by the facility and projections for changes in use in the future.
NR 502.07(4)(j)
(j) The type and quantity of waste to be handled, and specific waste types which will not be accepted at the facility. The method for screening the incoming waste to eliminate unacceptable material such as asbestos, infectious waste, explosive wastes, hazardous waste or other materials from endangering the operators' safety shall be identified.
NR 502.07(4)(k)
(k) The persons responsible for structural improvements, building maintenance and daily operation and control of the facility.
NR 502.07(4)(L)
(L) The types of vehicles used to transport solid waste into and out of the facility.
NR 502.07(4)(m)
(m) The vehicle traffic routing at the facility and provisions for access to connecting roadways.
NR 502.07(4)(n)
(n) The source of the facility's water supply and the method of wastewater treatment.
NR 502.07(4)(o)
(o) The methods of volume reduction to be used such as compacting, grinding, compression or tamping.
NR 502.07(4)(p)
(p) The design criteria used to select equipment capacity and building configuration and sizing.
