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)(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)(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)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)(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.
NR 502.13(4)(d)
(d) All incoming solid waste shall be confined to the designated storage area.
NR 502.13(4)(h)
(h) Appropriate fire-fighting equipment shall be available in the storage and charging areas and elsewhere as needed.
NR 502.13(4)(i)
(i) Arrangements shall be made with the local fire protection agency to provide adequate emergency fire-fighting forces.
NR 502.13(4)(j)
(j) Means of communication with emergency facilities shall be provided.
NR 502.13(4)(k)
(k) Adequate equipment shall be provided and used to clean the waste storage, waste handling, waste charging, and ash handling areas as may be required in order to maintain the plant in a sanitary condition.
NR 502.13(4)(L)
(L) The charging openings as well as all equipment throughout the plant shall be provided with adequate safety equipment.
NR 502.13(4)(m)
(m) The municipal solid waste combustor shall be designed and operated so that it will not cause a nuisance because of the emission of noxious odors, gases, contaminants or particulate matter or exceed emission limitations established by state air management rules in chs.
NR 400 to
499.
NR 502.13(4)(n)
(n) Residue shall be disposed of at a solid waste facility licensed by the department to accept the material or be handled by an alternate method approved in writing by the department. Approval shall be issued on a case-by-case basis after review of the information contained in sub.
(6).
NR 502.13(4)(o)
(o) All wastewater from the combustor shall be discharged into a sanitary sewer or other system approved in writing by the department.
NR 502.13(4)(p)
(p) Upon completion of construction of a new municipal solid waste combustor and at least 10 days prior to initial operation, the department shall be notified to allow inspection of the combustor both prior to and during any performance tests and initial operation.
NR 502.13(4)(r)
(r) An approved alternative method shall be used for solid waste disposal during any time that the municipal solid waste combustor is inoperable.
NR 502.13(4)(s)
(s) The incoming waste shall be screened to eliminate unacceptable material from entering the municipal solid waste combustor such as hazardous waste, asbestos, explosive materials or other materials as defined in sub.
(9).
NR 502.13(4)(t)
(t) Residue storage at the municipal solid waste combustor shall be in accordance with the following:
NR 502.13(4)(t)1.
1. The residue shall be wetted at all times during storage to prevent dust emissions. The facility may use alternative methods of dust control that are 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 502.13(4)(t)2.
2. 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 which is not used as makeup water in the quench tank shall be collected and treated at a wastewater treatment plant approved by the department.
NR 502.13(4)(t)3.
3. Access to the temporary storage areas shall be restricted to authorized personnel only. Fencing or other means of control acceptable to the department shall be maintained around the storage facility.
NR 502.13(4)(u)
(u) All treatment or mixing of residue shall be performed in a manner which controls air and water emissions.
NR 502.13(4)(v)
(v) Treatment or mixing of residue at a facility other than at the municipal solid waste combustor shall require a processing license under s.
NR 502.08.
NR 502.13(5)(a)(a) The owner or operator shall collect representative samples of residues produced by burning municipal solid waste for characterization required in sub.
(6). The samples shall be collected over a minimum one-week period every quarter within 2 weeks of March 15, June 15, September 15 and December 15, except as provided in par.
(f). Minimum 2 gallon volume samples shall be obtained hourly by a procedure approved by the department. The hourly samples shall be composited daily. Each daily sample shall then be composited together at the end of the testing period to result in a minimum of one representative sample. Compositing shall be performed in a manner acceptable to the department.
NR 502.13(5)(b)
(b) Unless the residues are mixed as part of an internal, mechanical process, air pollution control equipment residue samples shall be collected separately from bottom-ash samples. If the mixing is part of an internal mechanical process, then the sampling shall be performed after the residue is mixed. If an ash treatment process occurs at the municipal solid waste combustor, then the sample shall be collected after treatment.
NR 502.13(5)(c)
(c) For a municipal solid waste combustor where the compositing methods established in par.
(a) would be impractical, alternatives may be approved by the department.
NR 502.13(5)(d)
(d) An adequate volume of each representative composite sample to be tested shall be retained to allow for confirmatory testing if any of the levels established under sub.
(6) (g) are exceeded.
NR 502.13(5)(e)
(e) In addition to the routine quarterly sampling required in par.
(a), representative samples shall be collected within 2 weeks of initial startup and shakedown, and after any significant changes in plant design, operation or waste input, if the changes are expected to cause an increase or decrease in the number or concentrations of the residue parameters listed in sub.
(6), Table 1. The operator shall identify, and submit to the department, the changes made and the anticipated effect the changes will have on the residues.
NR 502.13(5)(f)
(f) An operator of a municipal solid waste combustor that has a design capacity of less than 10 tons per day shall:
NR 502.13(5)(f)1.
1. Collect representative samples over a minimum one-week period every year within 2 weeks of June 15.
NR 502.13(5)(f)2.
2. Collect representative samples quarterly to test for the 8 heavy metal parameters listed in sub.
(6) (g) and within the 2 weeks of initial startup and shakedown and after any significant changes in plant design, operation or waste input, if the changes are expected to cause an increase or decrease in the number or concentrations of the listed parameters in the residue. The operator shall identify, and submit to the department, the changes made and the anticipated effect the changes will have on the residues. The sample volume collected and compositing procedures shall comply with par.
(a).
NR 502.13(6)(a)
(a) An operator of a municipal solid waste combustor with a design capacity of 10 tons per day or greater shall test its residue quarterly the first year after an approval has been issued. After the first year of quarterly testing the residues shall be tested on an annual basis, except as provided in par.
(m). The testing program listed in Table 1 shall be applied to all samples collected as required by sub.
(5) (a) to
(d). The department may require dioxin and furan testing, if circumstances warrant. Test results shall be submitted to the department with the annual report specified under sub.
(8).
NR 502.13(6)(b)
(b) An operator of a municipal solid waste combustor with a design capacity of less than 10 tons per day shall:
NR 502.13(6)(b)2.
2. Test its residue annually beginning the first June after an approval has been issued using the testing program listed in Table 1 for all samples collected under sub.
(5) (f). The department may require dioxin or furan testing, if circumstances warrant.
NR 502.13(6)(b)3.
3. Submit test results to the department with the annual report specified under sub.
(8).
NR 502.13(6)(c)
(c) A leachate sample from the monofill where the residue is disposed of may be substituted for the synthetic precipitation leaching procedure, EPA Method 1312, after the initial 4 rounds of testing. The leachate sample shall be tested for all of the parameters listed in Table 1, Section III, unless a reduction in the number of parameters tested for has been approved by the department. The municipal solid waste combustor using the leachate substitute shall be responsible for the testing. If significant levels of any of the listed parameters are detected in the leachate tested from a monofill that receives multiple sources of residue, the department may require all contributing municipal solid waste combustors to perform leach testing of their residue using EPA Method 1312.
NR 502.13 Note
Note: Method 1312 is in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998. The test methods are available at no cost at
https://www.epa.gov/hw-sw846/basic-information-about-how-use-sw-846#UseWhich. Copies of the test methods may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, (866) 512-1800,
www.gpo.gov. Copies may also be obtained from the National Technical Information Service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, (800) 553-6847,
www.ntis.gov. Copies of the test methods are available for inspection at the offices of the department of natural resources, legislative reference bureau and the secretary of state.
NR 502.13(6)(d)
(d) The operator of the municipal solid waste combustor may apply to the department at the end of the initial 4 rounds of testing for elimination of those parameters listed in Table 1, Section II which do not appear in its residues at significant levels.
NR 502.13(6)(e)
(e) The provisions of this subsection do not supersede the testing requirements for the 8 heavy metal parameters listed in par.
(g) using the toxicity characteristic leaching procedure, EPA Method 1311.
NR 502.13(6)(f)
(f) During the scheduled testing period, if any parameter in the bulk analysis is not detected at or above the specified detection limits, then that parameter may be eliminated from further leach testing for that test period.
NR 502.13(6)(g)
(g) An operator of a municipal solid waste combustor shall test its residue for the parameters listed in this paragraph quarterly and within 2 weeks of completing initial startup and shakedown, and after any significant changes in plant design, operation or waste input that significantly affects or changes the residue characteristics by using the toxicity characteristic leaching procedure, EPA Method 1311. Multiple samples may be tested separately and the results combined to obtain an arithmetic mean for each parameter. The operator shall immediately notify the department if test results indicate that any of the following limits are exceeded:
NR 502.13 Note
Note: Method 1311 is in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998. The test methods are available at no cost at
https://www.epa.gov/hw-sw846/basic-information-about-how-use-sw-846#UseWhich. Copies of the test methods may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, (866) 512-1800,
www.gpo.gov. Copies may also be obtained from the National Technical Information Service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, (800) 553-6847,
www.ntis.gov. Copies of the test methods are available for inspection at the offices of the department of natural resources, legislative reference bureau and the secretary of state.
