NR 502.08(2)
(2)
Exemptions. The following facilities are exempt from all requirements of this chapter, except as specified:
NR 502.08(2)(a)
(a) Incinerators, air curtain destructors, woodburning facilities, composting facilities and municipal solid waste combustors regulated under ss.
NR 502.09 to
502.13.
NR 502.08(2)(b)
(b) 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, as specified in s.
NR 544.16 (2).
NR 502.08(2)(c)
(c) Facilities that process only used oil which is managed in compliance with ch.
NR 679.
NR 502.08(2)(f)
(f) A facility for the processing of scrap iron, steel, or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This exemption does not apply to a facility for the processing of electronic devices.
NR 502.08(2)(fg)
(fg) Facilities that use large machines to sort, grade, compact, bale or process clean, separate waste components consisting of waste paper, textiles, clean wood, glass, pavement or plastics, not mixed with each other or other solid waste, for sale or distribution for reuse or recycling.
NR 502.08(2)(fr)
(fr) Facilities that use large machines to sort, grade, compact, bale, or mechanically process clean, separate waste construction and demolition materials not mixed with other solid waste, for sale or distribution for reuse or recycling, provided the facility complies with the operational requirements specified in s.
NR 502.07 (7) (a),
(c),
(d),
(k),
(L) and
(o), the performance standards and closure requirements in s.
NR 502.04 (1) and
(3) (a) and
(b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria in s.
NR 502.07 (3).
NR 502.08(2)(g)
(g) Private alcohol fuel production systems provided the waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe landspreading technique and the disposal is confined to the property of the owner.
NR 502.08(2)(h)
(h) Facilities where solid wastes are generated as part of a manufacturing or industrial process and the solid wastes are processed within a building on the same property where the waste is generated, provided the solid waste generator complies with the performance standards and closure requirements in s.
NR 502.04 (1) and
(3) (a) and
(b).
NR 502.08(2)(i)
(i) Except for those facilities which are otherwise exempt under this subsection, facilities where solid wastes are processed for reuse or recycling by being incorporated into a structural material such as concrete or asphalt or converted into a consumer product, or used as a raw material in a commercial or industrial process are exempt from licensing and all other requirements of this chapter, provided the solid waste generator or processor obtains written approval from the department to use the waste for these purposes in accordance with the following:
NR 502.08(2)(i)2.
2. Submit a process flow diagram and the necessary laboratory and field tests to show that the specific waste types to be used would not release quantities of contaminants into the environment such that a potential hazard to public health or the environment would be created.
NR 502.08(2)(j)
(j) A person or electronics processing facility processing fewer than 25 electronic devices per year, provided the person or electronics processing facility complies with performance standards and closure requirements under s.
NR 502.04 (1) and
(3) (a) and
(b), and the minimum operation requirements under sub.
(6) (e),
(g),
(i),
(k),
(L), and
(n).
NR 502.08(2)(k)
(k) A facility that only hand sorts and packages waste electronic devices, including removing cords, ink or toner cartridges, or batteries from electronic devices, for shipping or transport to an electronics processing facility without engaging in any additional electronics processing activities, provided the facility complies with performance standards and closure requirements under s.
NR 502.04 (1) and
(3) (a) and
(b), and the minimum operation requirements under sub.
(6) (e),
(g),
(h),
(i),
(k),
(L), and
(n).
NR 502.08(3)
(3)
Locational criteria for nonexempt processing. NR 502.08(3)(a)
(a) Unless exempt under sub.
(2), new or expanded processing facilities may not be located within any of the following areas, unless an exemption is granted under par.
(b):
NR 502.08(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 502.08(3)(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 502.08(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 502.08(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 502.08(3)(b)
(b) Processing facilities located within a building are not subject to par.
(a) 2. to
7. However, the department may require containerized and enclosed solid waste processing 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 par.
(a) 2. to
7., only upon demonstration by the applicant of circumstances which warrant the exemption. Exemption from compliance with par.
(a) 1. may not be granted.
NR 502.08(4)
(4)
Plan of operation - nonexempt processing facilities. Unless exempt under sub.
(2), no person may establish or construct a solid waste processing 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 shall be submitted in accordance with s.
NR 500.05, shall contain engineering plans specified under sub.
(5), shall provide a design which complies with the operational requirements in sub.
(6) and shall include a report containing, at a minimum, the following information:
NR 502.08(4)(a)
(a) A legal description of the property and the facility boundaries.
NR 502.08(4)(b)
(b) The present ownership of the proposed facility property.
NR 502.08(4)(c)
(c) Land use within 1/4 mile of the proposed facility. Particular note shall be made of parks, hospitals, nursing homes and areas of archaeological and historical significance.
NR 502.08(4)(d)
(d) The proposed service area, including population and major industries.
NR 502.08(4)(e)
(e) The consistency of facility development with county solid waste plans and land use plans.
NR 502.08(4)(f)
(f) The predominant types of vegetation and wildlife within the proposed facility boundaries.
NR 502.08(4)(g)
(g) The persons responsible for facility construction and operation.
NR 502.08(4)(h)
(h) A timetable for facility construction, shakedown and operation, and an operating schedule for the facility. All facilities operated more than 4 hours per day shall be equipped with a toilet and wash basin or have those facilities available within a reasonable distance.
NR 502.08(4)(i)
(i) A complete materials balance for the facility, specifying amounts and characteristics of solid waste received and amounts and characteristics of products and wastes generated by the facility.
NR 502.08(4)(j)
(j) The estimated quantities and characteristics of wastes containing free liquids resulting from facility operation and methods of their treatment or disposal. All wastewater resulting from the process shall be discharged into a sanitary sewer or other system approved by the department.
NR 502.08(4)(k)
(k) The names and locations of all solid waste disposal facilities at which solid waste from the processing plant will be disposed, and potential contractual arrangements and distribution plans for recovered solid wastes or products produced.
NR 502.08(4)(L)
(L) A proposed design providing enclosure for all installed processing equipment. Explosion-prone equipment such as primary shredders shall be placed in a separate room with explosion venting or explosion suppression equipment.
NR 502.08(4)(m)
(m) A proposed design providing for shrouding and dust collection and removal equipment for the receiving area and all dry processing units such as shredders, screens, air classification devices, magnetic separators and similar equipment and all conveyor transfer points where dust is generated. Any air collected in this manner shall be directed through appropriate air pollution control equipment before being discharged.
NR 502.08(4)(n)
(n) A discussion of any additional procedures for the control of dust, odors, fire, windblown materials and potential explosions and for the handling of the waste in the case of major processing facility breakdown. Dust within a facility shall be controlled so that operators are not exposed to undue health risk.
NR 502.08(4)(o)
(o) A proposed design providing for all buildings enclosing processing equipment to have a sloped concrete floor with floor drains connected to a sanitary sewer or other system approved by the department.
NR 502.08(4)(p)
(p) A proposed design providing for all processing, receiving or storage areas not enclosed by a building to be graded at a minimum 1% slope and surfaced with a material which will adequately support heavy equipment, resist frost action, provide a wearing surface and prevent contamination of groundwater. Runoff from these areas shall be directed to a sanitary sewer or other system approved by the department.
NR 502.08(4)(q)
(q) A discussion of the quality and quantity of air discharge from plant operations and the need for any permits. For thermal processing facilities, the report shall include a proposed design to provide adequate temperature and residence time in the reaction chambers to assure complete processing and necessary air pollution control equipment to meet state air pollution control regulations.
NR 502.08(4)(r)
(r) A discussion of the types of vehicles and access routes used to transport solid waste to and from the facility, including the estimated increase in traffic, and traffic flow patterns within the facility.
NR 502.08(4)(s)
(s) A proposed design providing for access roads of all-weather construction and a maximum 10% grade. The intersection of the access road with an existing highway shall be designed to provide sufficient sight distance and provide for minimum interference with traffic on existing highways.
NR 502.08(4)(t)
(t) A proposed design limiting access to the processing facility by means of fencing, natural barriers or other methods.
NR 502.08(4)(u)
(u) Information to document that the size and configuration of the facility grounds, building and equipment, including the facility layout, drainage structures, building design, and major facility equipment, as specified to be shown in the engineering plans, are adequate for management of the proposed waste quantities and processes.
NR 502.08(4)(v)
(v) Provisions for protection of groundwater and surface water during facility construction and operation.
NR 502.08(4)(w)
(w) A discussion of possible operational hazards and necessary safety precautions.
NR 502.08 Note
Note: These facilities may be subject to other regulations including OSHA requirements.
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.
