Chapter NR 502

NR 502.12(13) (13) Plan submittal requirements for nonexempt and certain exempt composting facilities. Unless the facility is exempt under sub. (2), (3), (4), (5), or (6), applicants for all new or expanded composting facilities regulated under this section shall submit a plan of operation report and obtain department approval of the plan of operation report prior to construction of the new or expanded facility. Unless an exemption is granted by the department in writing, the plan shall be submitted in accordance with s. NR 500.05, except that facilities exempt under sub. (7) need not comply with s. NR 500.05 (4). The plan shall provide a design which complies with subs. (10) and (11) and, as applicable, sub. (12), and contain the following minimum information:

NR 502.12(13)(a) (a) The location of the property where the facility is proposed to be located.

NR 502.12(13)(b) (b) A brief description of the project, including the area served, an estimate of the annual tonnage and volume of material to be processed and identification of the materials to be used in the compost process.

NR 502.12(13)(c) (c) A description and drawing of the proposed facility, including location and size of windrows, or other composting process, on site traffic and process flow, the property boundaries, routes to transport feedstocks and finished compost to and from the facility and present land use within 1/4 mile of the facility.

NR 502.12(13)(d) (d) A description of the procedures for processing the material prior to incorporation into the windrow, or other composting process, such as de-bagging or size reduction.

NR 502.12(13)(e) (e) For each raw material proposed to be composted, either laboratory or literature data documenting the carbon, nitrogen, and moisture content and pH.

NR 502.12(13)(f) (f) A proposed raw material mix for composting, with calculations or laboratory data documenting the carbon, nitrogen, and moisture content and pH of the mix.

NR 502.12(13)(g) (g) A specification of the maximum size, including volume, height and width, for staging piles, composting windrows or other composting processes, curing piles, and finished compost storage. If the materials on site at any one time will exceed 40,000 cubic yards of yard residuals and clean chipped wood, 10,000 cubic yards of source-separated compostable materials other than yard residuals and clean chipped wood, or 5,000 cubic yards of food residuals, an estimate of closure costs shall be provided with the plan of operation report, and prior to licensure, proof of financial responsibility in accordance with ss. NR 520.06 through 520.13 shall be provided for the closure costs, including the removal, transport and ultimate disposal of all waste material and compost at the site.

NR 502.12(13)(h) (h) A specification of the methods of measuring critical parameters within the windrow and other composting processes, and a description of methods that will be used to ensure the critical parameters are met. Critical parameters addressed shall include carbon to nitrogen ratio, temperature, moisture content, oxygen content, pH and stability. The specification shall describe methods to be used for maintaining aerobic conditions during the composting process, including turning equipment and frequency for passive ventilation, and equipment and residence time for mechanical ventilation, as well as actions to be taken in response to odors and composting process upsets.

NR 502.12(13)(i) (i) A description of the type of vehicles used for transporting feedstocks and finished compost to and from the facility, and a description of the type of equipment for turning or mixing and screening.

NR 502.12(13)(j) (j) A discussion of potential markets for the compost and material specifications necessary to be met for these markets, such as nutrient content, pH, particle size, appearance, moisture holding capacity or other pertinent specifications.

NR 502.12(13)(k) (k) Identification of any noncompostable waste, such as bags, which will be generated from the composting operation, and the name and location of solid waste disposal facilities at which any waste generated from the composting operation will be disposed of.

NR 502.12(13)(L) (L) Specification of the design, construction and documentation to be used for the low permeability pad, including materials, thicknesses and testing.

NR 502.12(13)(m) (m) A description of the planned sampling frequency and testing parameters for the finished compost.

NR 502.12(13)(n) (n) A storm water pollution prevention plan that meets the requirements of s. NR 216.27.

NR 502.12(13)(o) (o) Identification of local zoning and permit requirements that apply to the proposed facility.

NR 502.12 Note Note: Under ch. NR 216, new or expanding facilities with one acre or more of land disturbance are required to obtain a construction site storm water permit.

NR 502.12(13)(p) (p) Proposed procedures for amending the plan in the event changes to the approved plan are needed.

NR 502.12(14) (14) Construction documentation for nonexempt composting facilities.

NR 502.12(14)(a) (a) For facilities other than those exempt under sub. (2), (3), (4), (5), (6), or (7), the department may require owners and operators of new or expanded composting facilities regulated under this section to submit a construction documentation report to the department and obtain department approval of the construction documentation report prior to operation of the facility.

NR 502.12(14)(b) (b) Unless an exemption is granted by the department in writing, the construction documentation report shall be prepared in accordance with the department’s plan approval and the requirements in s. NR 500.05. The construction documentation report shall be approved by the department prior to obtaining a license and prior to accepting waste at the facility.

NR 502.12(15) (15) Monitoring, recordkeeping and reporting.

NR 502.12(15)(a) (a) Unless exempt under sub. (2), (3), (4), (5), (6), or (7), owners and operators of composting facilities regulated under this section shall complete monitoring and reporting in accordance with the plan of operation approval and the following requirements:

NR 502.12(15)(a)1. 1. Samples of the finished compost that is ready for sale, distribution or use shall be collected every 2,000 tons or 4,000 cubic yards, with a minimum of one sample per year, or, alternatively, in accordance with the testing frequency specified by the United States Composting Council’s Seal of Testing Assurance program, unless a different frequency is approved in writing by the department, and tested for the parameters in Tables 1 and 2.

NR 502.12 Note Note: Only class A compost under sub. NR 502.12 (16) is subject to the limits in Tables 1 and 2. “Test Methods for Evaluation of Compost and Composting” (2002) and a list of laboratories certified under the Seal of Testing Assurance program are available from the United States Composting Council, 5400 Grosvernor Lane, Bethesda, Md 20814 [phone], www.compostingcouncil.org.

NR 502.12(15)(a)1.a. a. Samples shall be collected, handled and analyzed in accordance with methods listed in “Test Methods for Evaluation of Compost and Composting” published in 2002 by the United States Composting Council or other methods approved in writing by the department. Samples shall be tested at a laboratory certified under the United States Composting Council’s Seal of Testing Assurance program or at another laboratory approved in writing by the department.

NR 502.12 Note Note: “Test Methods for Evaluation of Compost and Composting” (2002) and a list of laboratories certified under the Seal of Testing Assurance program are available from the United States Composting Council, 15400 Grosvernor Lane, Bethesda, Md 20814 [phone], www.compostingcouncil.org.

NR 502.12(15)(a)1.b. b. Test results shall be made available upon request to the department, potential users of the compost, and to the general public.

NR 502.12(15)(a)2. 2. Unfiltered leachate samples shall be taken from the collection basin or tank, and tested quarterly for the first 4 quarters and annually thereafter for BOD5, COD, field pH, field conductivity corrected to 25°C, nitrate+nitrite-nitrogen, and total dissolved solids.

NR 502.12(15)(a)3. 3. Compost pile turning frequency and temperature readings as appropriate to the composting method used shall be documented and maintained to demonstrate pathogen reduction and odor control activities.

NR 502.12(15)(a)4. 4. The facility shall be visually inspected by the owner or operator quarterly to evaluate storm water discharge quality and performance of discharge controls, and twice per year to identify non-storm water discharges if present.

NR 502.12(15)(b) (b) Unless exempt under sub. (2), (3), (4), or (5), the owner or operator of a composting facility regulated under this section shall prepare and submit an annual report to the department by March 1 on forms supplied by the department. The annual report shall include at least the following information:

NR 502.12(15)(b)1. 1. Name and address of the facility.

NR 502.12(15)(b)2. 2. Calendar year covered by the report.

NR 502.12(15)(b)3. 3. Annual quantities and types of raw materials received and compost produced, in tons. Tonnage estimates may be based on volume records where scale weights are not available.

NR 502.12(15)(b)4. 4. Annual quantity of compost sold, distributed or used, in tons, and quantity of class A compost sold, distributed or used.

NR 502.12(15)(b)5. 5. Copies of laboratory analyses of composted material.

NR 502.12(15)(b)6. 6. Any additional information required as a condition of the plan of operation approval.

NR 502.12 Note Note: Copies of the annual reporting form may be obtained from the department of natural resources, bureau of waste and materials management, 101 South Webster Street, P.O. Box 7921, Madison, Wisconsin 53707-7921, [phone], [e-mail], or online at http://dnr.wi.gov/topic/Recycling/regs.html.

NR 502.12(16) (16) Class A compost. Finished compost may be designated and distributed as class A compost if it meets all of the following requirements:

NR 502.12(16)(a) (a) The compost is composed entirely of materials meeting the definition of “source-separated compostable materials” in s. NR 500.03 (219m).

NR 502.12(16)(b) (b) The compost is produced by one of the processes to reduce pathogens described in subd. 1. to 3., with temperature and retention time monitored and recorded each day until the temperature and retention time criteria are met:

NR 502.12(16)(b)1. 1. Windrow method consisting of an unconfined composting process utilizing periodic aeration and mixing. Aerobic conditions shall be maintained during the composting process. A temperature of 55°C, or 131°F, shall be maintained in the windrow for at least fifteen days. The windrow shall be turned at least five times during the high-temperature period.

NR 502.12(16)(b)2. 2. Mechanically aerated static pile method consisting of an unconfined composting process utilizing mechanically forced aeration of insulated compost piles. Aerobic conditions shall be maintained during the composting process. The temperature of the compost pile shall be maintained at a continuous minimum of 55°C, or 131°F, for at least three consecutive days.

NR 502.12(16)(b)3. 3. In-vessel method consisting of a confined compost process utilizing mechanical mixing of compost under controlled conditions. The minimum retention time in the vessel shall be 72 hours with the temperature maintained at 55°C, or 131°F.

NR 502.12(16)(c) (c) The compost is tested in accordance with sub. (15) (a) 1. a. and b.

NR 502.12(16)(d) (d) The compost does not exceed any of the limits specified in Tables 1 or 2.

Table 1.

Test parameters for nonexempt compost facilities and class A compost

- See PDF for table

Table 2.

Maturity and stability testing for nonexempt facilities and class A compost

- See PDF for table

NR 502.12 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; r. and recr., Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (8) (a) 7. and (9) (a) 7. Register January 2006 No. 601, eff. 2-1-06; CR 10-128: am. (title), (1) (intro.), r. (1) (a) to (f), am. (2), (3) (title), (intro.), (a), (4) (title), (intro.), (c), (e) (intro.), r. and recr. (4) (e) 1. to 3., cr. (4) (e) 4., am. (5) (title), (intro.), (b), (c), (d), (e), (f) (intro.), 1., 2., (6) (title), (intro.), (b), (c), (e), (7) (title), (intro.), (a), (b), (c), r. and recr. (7) (e), (f), am. (8) (title), (a) (intro.), r. (8) (a) 4., 6., renum. (8) (a) 5., 7., 8. to be 4., 5., 6., r. and recr. (8) (b), cr. (8) (c), r. (9), am. (10) (intro.), (a) to (e), (h) 1., 3., (11) (intro.), (a), (b), r. and recr. (11) (d), cr. (11) (e), am. (12) (a), (b), (13) (title), (intro.), (b), (e), (f), (g), (h), (k), cr. (13) (m), (n), (o), (p), am. (14) (a), r. and recr. (15), cr. (16), r. and recr. Table 1 and Table 2 Register May 2012 No. 677, eff. 6-1-12; correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.

NR 502.13 NR 502.13 Municipal solid waste combustors.

NR 502.13(1) (1) General.

NR 502.13(1)(a) (a) No person may operate or maintain a municipal solid waste combustor unless the person complies with the requirements in s. NR 502.04 and obtains a plan of operation approval under sub. (3) and an operating license from the department.

NR 502.13(1)(b) (b) Owners and operators of new or expanded municipal solid waste combustor facilities having a design capacity of greater than 100 tons per day shall provide proof of financial responsibility for closure prior to licensure. Closure costs shall include the costs of removal, transport and ultimate disposal of wastes.

NR 502.13(1)(c) (c) Owners and operators of new or expanded municipal solid waste combustor facilities shall demonstrate compliance with the applicable locational criteria listed in sub. (2).

NR 502.13(2) (2) Locational criteria.

NR 502.13(2)(a) (a) No person may establish, construct or expand a municipal waste combustor within the following areas, except as otherwise specified within this chapter.

NR 502.13(2)(a)1. 1. Within a floodplain.

NR 502.13(2)(a)2. 2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.

NR 502.13(2)(b) (b) Exemptions from the requirements of par. (a) 2. may be granted only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemptions from compliance with par. (a) 1. may not be granted. The department may impose additional locational criteria if there is a significant potential for the facility to cause environmental pollution as defined in s. 299.01 (4), Stats., nuisance conditions or bird hazard to aircraft.

NR 502.13(3) (3) Plan of operation. No person may establish, construct or operate a municipal solid waste combustor or expand an existing facility prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation for the municipal solid waste combustor shall provide a design which complies with the operational requirements in sub. (4) and contain, at a minimum, the following:

NR 502.13(3)(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 502.13(3)(b) (b) A plot plan of the municipal solid waste combustor 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 municipal solid waste combustor.

NR 502.13(3)(c) (c) A report which shall include the following information:

NR 502.13(3)(c)1. 1. The legal description of the property where the municipal solid waste combustor will be located.

NR 502.13(3)(c)2. 2. Population, area and facilities to be served by the municipal solid waste combustor.

NR 502.13(3)(c)3. 3. Anticipated type and quantity of waste to be handled by the municipal solid waste combustor.

NR 502.13(3)(c)4. 4. Persons responsible for the municipal solid waste combustor operations.

NR 502.13(3)(c)5. 5. Methods of treating or disposing of any liquid wastes or waste waters resulting from the operation of the combustor.

NR 502.13(3)(d) (d) A description of 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 502.13(3)(e) (e) A description of methods of volume reduction including compaction, compression, baling, shredding, grinding, tamping, separating or classifying.

NR 502.13(3)(f) (f) A description of daily clean up procedures.

NR 502.13(3)(g) (g) A description of municipal solid waste combustor inspection and maintenance schedule and procedures.

NR 502.13(3)(h) (h) Detailed drawings and specifications of all structures, equipment and site.

NR 502.13(3)(i) (i) A report which includes furnace design criteria and expected performance data.

NR 502.13(3)(j) (j) Identification of the site at which the residue will be disposed and alternative sites available for use when the primary site is inoperative.

NR 502.13(3)(k) (k) For all new or expanded facilities, the plan of operation shall also include:

NR 502.13(3)(k)1. 1. The name of the emergency fire-fighting unit that will respond to fire calls at the facility.

NR 502.13(3)(k)2. 2. A discussion of the anticipated sequence of required events for facility closure.

NR 502.13(3)(k)3. 3. A detailed analysis in accordance with ch. NR 520 of the financial responsibility for facility closure. This shall include an itemized cost estimate for phased and final facility closure. All assumptions used in developing the cost estimates shall be justified.

NR 502.13 Note Note: Municipal solid waste combustors must also have the air management permits required under s. 285.60, Stats.

NR 502.13(4) (4) Operational requirements. No person may operate or maintain a municipal solid waste combustor except in conformance with the following minimum requirements, unless an exemption is granted by the department in writing:

NR 502.13(4)(a) (a) The municipal solid waste combustor shall be situated, equipped, operated and maintained in a nuisance-free manner.

NR 502.13(4)(b) (b) Adequate shelter and sanitary facilities shall be available for facility personnel.

NR 502.13(4)(c) (c) A sign shall be prominently posted at the entrance to the facility which indicates name, license number, hours of operation, necessary safety precautions and any other pertinent information.