NR 502.11 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. (3) (a) 6.
Register January 2006 No. 601, eff. 2-1-06.
NR 502.12
NR 502.12 Yard, farm, food residuals and source-separated compostable material composting facilities. NR 502.12(1)(1)
General. No person may operate or maintain a composting facility for yard residuals, farm crop residue, farm animal manure, animal carcasses, food residuals including vegetable food residuals, or source-separated compostable material except in accordance with the requirements of this section or s.
NR 243.15 (8).
NR 502.12 Note
Note: Pursuant to s.
NR 243.15(8), the Department may choose to regulate composting facilities associated with livestock operations that are subject to the requirements of ch.
NR 243 under that operation's Wisconsin Pollution Discharge Elimination System permit instead of under s.
NR 502.12. Facilities for composting waste types other than yard residuals, farm crop residue, farm animal manure, animal carcasses, food residuals or source-separated compostable materials are regulated under s.
NR 502.08. Local ordinances may apply to facilities regulated under this section.
NR 502.12(2)
(2)
Household exemption. Facilities for composting only source-separated compostable material from a single family or household, a member of which is the owner, occupant or lessee of the property where the facility is located, are exempt from all requirements of this chapter, provided the facility is operated in a nuisance-free and environmentally sound manner.
NR 502.12(3)
(3)
Limited exemption for source-separated compostable material composting facilities with capacity of 50 cubic yards or less. Facilities for composting source-separated compostable materials that do not exceed 50 cubic yards at one time, including collected raw materials and compost being processed but excluding finished compost, are exempt from the requirements specified in s.
NR 502.04 (2) to
(6), locational criteria, plan of operation submittal, licensing and all other requirements of this chapter provided the following are met:
NR 502.12(3)(b)
(b) The facility is operated in a nuisance-free and environmentally sound manner.
NR 502.12(4)
(4)
Limited exemption for farm crop residue or manure composting facilities. Facilities for on site composting of farm crop residue or manure, except deer or elk manure, directly from agricultural operations are exempt from the requirements of s.
NR 502.04 (2) to
(6), locational criteria, plan of operation submittal, licensing and all other requirements of this chapter, provided all of the following requirements are met:
NR 502.12(4)(b)
(b) The facility is operated in a nuisance-free and environmentally sound manner.
NR 502.12(4)(c)
(c) All the farm crop residue and manure composted are generated from agricultural operations either under common ownership, common management or located adjacent to each other, and the composting occurs on the property of one of these agricultural operations.
NR 502.12(4)(e)
(e) Source-separated compostable material other than farm crop residue and manure may be accepted from off site for use in the composting process if the following requirements are met:
NR 502.12(4)(e)1.
1. The locational criteria in sub.
(8), unless the offsite material consists exclusively of yard material, clean chipped wood, or both.
NR 502.12(4)(e)4.
4. The combined volume of farm crop residue, farm animal manure, and source-separated compostable material on site at one time may not exceed 10,000 cubic yards, including collected raw materials and compost being processed but excluding finished compost. The volume of food residual inputs to the composting process may not exceed 25 percent of the total combined volume of raw material inputs. Inputs shall be mixed to achieve an initial carbon to nitrogen ratio of at least 20 to 1.
NR 502.12 Note
Note: Composting facilities that accept manure or are located at a livestock operation may be subject to additional state requirements in chs.
NR 151 and
243 and in ch.
ATCP 51, as well as local regulations for manure storage and shoreland and floodplain zoning. Public distribution of the compost may be regulated by the department of agriculture, trade and consumer protection (DATCP). Other local ordinances may apply to facilities regulated under this section. The following landspreading operations are exempt under s.
NR 518.04 (1) (b),
(h) and
(i), respectively, provided the material is applied as a soil conditioner or fertilizer in accordance with accepted agricultural practices and the facility is operated and maintained in a safe, nuisance-free manner:
NR 502.12 Note
-Farms on which only nonhazardous agricultural residuals resulting from the operation of a farm, including farm animal manure, are landspread.
NR 502.12 Note
-Landspreading of uncomposted yard residuals.
NR 502.12 Note
-Landspreading of composted source-separated compostable material.
NR 502.12(5)
(5)
Limited exemption for on site farm animal carcass composting facilities. Facilities for on site farm composting of animal carcasses other than deer or elk are exempt from the requirements in s.
NR 502.04 (2) to
(6), locational criteria, plan of operation submittal, licensing and all other requirements of this section, provided they are in compliance with s.
95.50 (1), Stats., and all of the following:
NR 502.12(5)(c)
(c) Only animal carcasses, farm animal manure, farm crop residue, yard residuals and clean chipped wood are composted at the facility.
NR 502.12(5)(d)
(d) All the farm wastes composted are generated from agricultural operations either under common ownership, common management or located adjacent to each other, and the composting occurs on the property of one of these agricultural operations.
NR 502.12(5)(e)
(e) The compost is utilized for agricultural landspreading, at the same farm or at another farm, in accordance with s.
NR 518.04 (1) (b) or
(i), except that compost made using ruminant animal carcasses may not be utilized at another farm.
NR 502.12(5)(f)
(f) If yard residuals or clean chipped wood are accepted from off site, the following requirements shall be met:
NR 502.12(5)(f)1.
1. The yard residuals or clean chipped wood shall be mixed with farm wastes to increase the carbon to nitrogen ratio and porosity of the composting process.
NR 502.12(5)(f)2.
2. The combined volume of animal carcasses, farm animal manure, farm crop residue, yard residuals and clean chipped wood on site at one time may not exceed 10,000 cubic yards, including collected raw materials and compost being processed but excluding finished compost.
NR 502.12(6)
(6)
Limited exemption for yard residuals composting facilities. Facilities for composting yard residuals and clean chipped wood that do not exceed 20,000 cubic yards at one time, including raw materials and compost being processed, but excluding finished compost, are exempt from the requirements in s.
NR 502.04 (3) (c),
(4),
(5), and
(6), plan of operation submittal and all other requirements of this chapter, provided all of the following requirements are met:
NR 502.12(6)(b)
(b) For new or expanded facilities, compliance with the locational criteria in sub.
(8). New or expanded facilities with a capacity greater than 1,000 cubic yards shall comply with the initial site inspection requirements in s.
NR 502.04 (2).
NR 502.12(6)(d)
(d) An operating license for the facility is issued by the department.
NR 502.12(6)(e)
(e) The compost is applied to land, either on site or off site, in accordance with s.
NR 518.04 (1) (i), or is otherwise used for horticultural, landscaping, or erosion control purposes.
NR 502.12(7)
(7)
Limited exemption for source-separated compostable material composting facilities of 5,000 cubic yards or less. Facilities for composting source-separated compostable material that exceed 50 cubic yards but do not exceed 5,000 cubic yards at one time, including raw materials and compost being processed, but excluding finished compost, are exempt from the requirements in s.
NR 502.04 (3) (c),
(4), and
(5) and subs.
(12) and
(14), and the monitoring requirements of sub.
(15) (a) 1. and
2., provided all of the following requirements are met:
NR 502.12(7)(c)
(c) The minimum operational and design standards in subs.
(10) and
(11), the plan submittal requirements in sub.
(13), the recordkeeping requirements of sub.
(15) (a) 3., the discharge inspection requirements in sub.
(15) (a) 4., and the reporting requirements in sub.
(15) (b).
NR 502.12(7)(d)
(d) An operating license for the facility is issued by the department.
NR 502.12(7)(f)
(f) The compost is utilized for landspreading applied to land, either on site or off site, in accordance with s.
NR 518.04 (1) (i), or is otherwise used for horticultural, landscaping, or erosion control purposes.
NR 502.12(8)
(8)
Locational criteria for composting facilities. NR 502.12(8)(a)
(a) Unless exempt under sub.
(2),
(3),
(4), or
(5) from compliance with locational criteria, new or expanded compost facilities regulated under this section may not be located in any of the following areas unless an exemption has been granted in writing by the department under par.
(c):
NR 502.12(8)(a)3.
3. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.
NR 502.12(8)(a)5.
5. 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 502.12(8)(a)6.
6. 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 502.12(8)(b)1.
1. Facilities exempt under sub.
(6) or
(7) may not be located within 250 feet of any navigable lake, pond, or flowage, or within 100 feet of land owned by a person other than the owner or operator of the facility.
NR 502.12(8)(b)2.
2. Facilities not exempt under sub.
(2),
(3),
(4),
(5),
(6), or
(7) may not be located within 500 feet of any navigable lake, pond, or flowage, or within 250 feet of land owned by a person other than the owner or operator of the facility.
NR 502.12(8)(c)
(c) The department may grant exemptions from par.
(a) 2. to
6. only upon demonstration by the applicant of circumstances which warrant the exemption. Exemption from compliance with par.
(a) 1. may not be granted.
NR 502.12 Note
Note: Compost facilities associated with livestock operations that are required to have a wastewater discharge permit under the Wisconsin Pollution Discharge Elimination System and that handle manure, animal feed or other agricultural materials may be subject to additional locational requirements in chs.
NR 151,
NR 243 or
ATCP 51.
NR 502.12(10)
(10)
Minimum operational standards for composting facilities. Unless exempt under sub.
(2) or
(4), no person may operate or maintain a composting facility regulated under this section except in accordance with the following minimum operational requirements:
NR 502.12(10)(a)
(a) Raw materials accepted for composting shall be source separated at the point of generation so that they have not been mixed or otherwise contaminated with nonapproved waste types, particularly materials which are not readily compostable. Prior to incorporation into the composting process, the raw materials shall be sorted as needed to ensure that materials which are not readily compostable are removed unless alternate operational methods are used in conjunction with equipment to produce a compost product virtually free of physical and chemical contaminants.
NR 502.12 Note
Note: Compost product which contains physical or chemical contaminants such as plastic, glass, metal scraps or regulated concentrations of heavy metals or organic compounds, may require controlled disposal under an approved landspreading plan or at a landfill.
NR 502.12(10)(b)
(b) Raw materials in noncompostable bags shall be debagged within 24 hours of receipt at the facility. Raw materials, other than leaves and brush, in compostable bags shall be processed such that the contents of the bags are exposed to air within 24 hours of receipt at the facility. Stored waste shall be managed in accordance with the requirements applicable to the composting process. The following operational standards shall also be met for the wastes specified:
NR 502.12(10)(b)1.
1. Grass clippings and food residuals from canned, frozen or preserved fruit or vegetable processing operations shall be incorporated into windrows or another composting process within 72 hours of receipt at the facility, unless odor becomes a problem at the facility in which case these materials shall be incorporated within 24 hours.
NR 502.12(10)(b)2.
2. Animal carcasses, fish harvesting and processing residuals, manure and food residuals which are not from canned, frozen or preserved fruit or vegetable processing operations shall be incorporated into windrows or another composting process on the same operating day as received at the facility. Upon initial incorporation of these residuals, composting windrows or piles shall be covered with a minimum 6 inch layer of compost, high carbon material such as wood chips, or other suitable material to control odor and vectors.
NR 502.12(10)(b)3.
3. All animal carcasses and food residuals shall be managed to prevent access by dogs and wild animals.
NR 502.12(10)(c)
(c) Compost raw materials shall be size reduced if necessary to provide adequate particle surface area for effective composting.
NR 502.12(10)(d)
(d) Materials within the composting process shall be thoroughly mixed as appropriate to the composting method and aerated as frequently as necessary. Windrow height, structure and porosity shall be designed and maintained to ensure that adequate oxygen is available at all times within the windrow or pile to prevent the process from becoming anaerobic.
NR 502.12 Note
Note: To maintain aerobic composting and prevent odor, aeration is needed whenever the process temperature rises to 150°F or more. Windrows consisting primarily of leaves and wood waste are likely to require turning at least monthly from spring through fall.
NR 502.12(10)(e)
(e) Materials shall be mixed into the composting process to provide a minimum initial carbon to nitrogen ratio of 20:1.
NR 502.12 Note
Note: For aerobic composting, the optimum carbon to nitrogen ratio ranges from approximately 20:1 to 40:1.
NR 502.12(10)(f)
(f) Maximum windrow size and minimum windrow spacing shall match the capability and requirements of the equipment utilized at the facility.
NR 502.12(10)(g)
(g) Material within the composting process shall be wetted as needed to control dust and maintain a moisture content conducive to efficient composting.
NR 502.12 Note
Note: For aerobic composting, the optimum moisture content is 50 to 60% by weight.
NR 502.12(10)(h)1.
1. Stabilized to reduce pathogenic organisms and to ensure that the materials do not reheat upon standing.
NR 502.12(10)(h)2.
2. Free of sharp particles which could cause injury to persons handling the material.
NR 502.12(10)(h)3.
3. Free of toxins and pathogens in amounts or concentrations that could cause detrimental impacts to public health or the environment.
NR 502.12 Note
Note: Pathogens are defined in ch.
NR 204 as “disease causing organisms, including but not limited to certain bacteria, protozoa, viruses and viable helminth ova." Appropriate methods for pathogen reduction during composting are specified in 40 CFR, Part
257, Appendix II, Section B:
NR 502.12 Note
1. For in-vessel or static aerated pile composting, maintain a continuous minimum temperature of 55°C, or 131°F, for a minimum of 3 consecutive days.
NR 502.12 Note
2. For windrow composting, attain a minimum temperature of 55°C, or 131°F, on a minimum of 15 days, which are not required to be consecutive, and turn the windrow a minimum of 5 times during the high temperature periods.
NR 502.12(10)(i)
(i) Compost product storage time shall be minimized to maintain the quality of the compost and the product shall be marketed as necessary to prevent excessive stockpiling.
NR 502.12(10)(j)
(j) The facility shall be operated in a nuisance-free and environmentally sound manner.
NR 502.12 Note
Note: Landspreading of composted leaves, grass, brush and other source-separated compostable material is exempt from department landspreading regulations under s.
NR 518.04 (1) (i) provided the material is applied as a soil conditioner or fertilizer in accordance with accepted agricultural practices and the facility is operated and maintained in a safe, nuisance-free manner. Public distribution of the compost may be regulated by the department of agriculture, trade and consumer protection (DATCP).
NR 502.12(11)
(11)
Minimum design standards for composting facilities. Unless exempt under sub.
(2) or
(3), no person may construct or maintain a composting facility regulated under this section except in accordance with the following minimum design standards:
NR 502.12(11)(a)
(a) Run-off from the composting area shall be discharged to a gently sloping vegetated area of sufficient size to prevent erosion and any discernible confined and discrete discharge of liquids or suspended solids to surface water or wetlands from the composting area.
NR 502.12(11)(b)
(b) Slope, vegetation and surface water containment ditches, retention basins, compost berms or socks and other best management practices shall be used at the facility as needed to minimize erosion, prevent pollutant discharges from storm water runoff and maintain diffused surface drainage.
NR 502.12(11)(c)
(c) Composting shall take place on an area sloped sufficiently to prevent ponding, and measures such as berms or ditches shall be used to prevent storm water run-on.
NR 502.12(11)(d)
(d) If inspections performed under sub.
(15) (a) 4. indicate improvements in storm water controls are needed to meet the requirements of pars.
(a) through
(c), the owner and operator of the facility shall make the needed improvements as soon as practicable and update the storm water pollution prevention plan, if applicable.
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. In addition, the department may require a composting facility to obtain an industrial storm water discharge permit if it does not maintain compliance with a separate department permit or approval which includes storm water control requirements that are at least as stringent as those required under ch.
NR 216, resulting in the discharge of pollutants to waters of the state or constituting a significant contribution of pollutants to the waters of the state.
NR 502.12(11)(e)
(e) The overall composting facility shall be of sufficient size to allow processing of materials as necessary to avoid nuisance conditions, and shall have adequate room for material stockpiles, windrows of manageable dimensions for maintaining aerobic conditions, curing piles, staging of finished compost, and equipment.
