Chapter NR 502

NR 502.05(3)(d) (d) On site storage facilities at a solid waste processing facility, solid waste incinerator facility, or municipal solid waste combustor facility, provided the facility is in compliance with applicable portions of s. NR 502.08, 502.09 or 502.13.

NR 502.05(3)(e) (e) Facilities that store only used oil which is managed in compliance with ch. NR 679.

NR 502.05(3)(f) (f) Infectious waste storage facilities which are exempt from licensing under s. NR 526.09.

NR 502.05(3)(g) (g) 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 under s. NR 544.16 (2).

NR 502.05(3)(h) (h) Contaminated soil storage facilities in compliance with ch. NR 718.

NR 502.05(3)(i) (i) Facilities for the storage of industrial byproducts which are managed in compliance with ch. NR 538.

NR 502.05(3)(j) (j) Noncontainerized storage facilities which meet all of the following criteria are exempt from all other requirements of this chapter:

NR 502.05(3)(j)1. 1. The facility meets the performance standards and closure requirements specified in s. NR 502.04 (1) and (3) (a) and (b), and complies with the operational requirements for noncontainerized storage facilities listed under sub. (6).

NR 502.05(3)(j)2. 2. The solid waste does not include putrescible waste such as garbage, municipal refuse or residue produced by the burning of municipal solid waste.

NR 502.05(3)(j)3. 3. The waste is free of noxious odors and not readily transported by wind or water unless it is stored to prevent such transport.

NR 502.05(3)(j)4. 4. The facility exists less than 9 months from the time of initial storage to the removal of all waste.

NR 502.05(3)(j)5. 5. The volume of waste stored at the facility does not exceed 5,000 cubic yards at any time.

NR 502.05(3)(j)6. 6. The combined total volume of waste stored at the facility over the allowable 9 month period does not exceed 10,000 cubic yards.

NR 502.05(3)(j)7. 7. Waste storage does not occur within a floodplain, or within 100 feet of any public or private water supply well, navigable lake, pond, flowage, river or stream, or within 20 feet of the facility property boundary.

NR 502.05(3)(k) (k) Containerized storage facilities within a building that meet all of the following criteria are exempt from all other requirements of this chapter:

NR 502.05(3)(k)1. 1. Comply with performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).

NR 502.05(3)(k)2. 2. New or expanded facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with applicable locational criteria in sub. (4).

NR 502.05(3)(k)3. 3. Obtain an operating license from the department.

NR 502.05(3)(k)4. 4. Accept a maximum of 50 tons of waste per day and store a maximum of 1,000 tons of waste at any one time.

NR 502.05(3)(k)5. 5. Comply with operational requirements for containerized storage facilities in sub. (5).

NR 502.05(3)(k)6. 6. Do not accept municipal solid waste combustor residue.

NR 502.05(3)(k)7. 7. 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 containerized storage facility, _________________(facility name), located at _________________(location address); that I am aware of ss. NR 502.04 and 502.05, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the codes.

____________________________   _________________
(signature of authorized individual)   (signature date)

NR 502.05(3)(k)8. 8. If the certification required in subd. 7. 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 502.05(4) (4) Locational criteria for storage facilities.

NR 502.05(4)(a) (a) Except as otherwise specified in this section, new or expanded solid waste storage facilities may not be located in any of the following areas, unless an exemption is granted under par. (b):

NR 502.05(4)(a)1. 1. Within a floodplain.

NR 502.05(4)(a)2. 2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.

NR 502.05(4)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.

NR 502.05(4)(a)4. 4. Within 250 feet of any navigable river or stream.

NR 502.05(4)(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 502.05(4)(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 502.05(4)(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 502.05(4)(b) (b) The locational criteria listed under par. (a) 2. to 7. do not apply to containerized waste storage or storage within an enclosed building. However, the department may require containerized and enclosed solid waste storage 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 502.05(5) (5) Operational requirements for containerized storage facilities. No person may operate or maintain a containerized storage facility except in conformance with the following minimum operational requirements:

NR 502.05(5)(a) (a) Storage containers shall be durable, rust resistant, nonabsorbent, leak-proof, easy to clean and able to effectively contain the stored waste. If garbage or similar putrescible wastes are stored, the containers shall have close-fitting, fly-tight covers and be constructed of light-weight durable material.

NR 502.05(5)(b) (b) Covers and containers shall be maintained in good condition.

NR 502.05(5)(c) (c) Containers handling municipal solid waste shall be removed and emptied at least once per week, or more often if conditions warrant. Containers handling nonputrescible industrial waste shall be removed and emptied as necessary, but at least once every 90 days.

NR 502.05(5)(d) (d) All weather access shall be provided and maintained.

NR 502.05(5)(e) (e) Effective means shall be provided to control flies, rodents and other vectors.

NR 502.05(5)(f) (f) Objects too large for the containers shall be stored in a nuisance-free manner.

NR 502.05(5)(g) (g) Periodic clean-up and maintenance of the storage container and surrounding area shall be conducted to keep it aesthetically pleasing and nuisance-free. This maintenance shall be the responsibility of the property owner where the containers are located as well as the owner of the containers.

NR 502.05(5)(h) (h) Gates, fencing and an attendant or other appropriate access restrictions shall be provided, as specified by the department, to prevent nuisance conditions or if mechanical compaction equipment is part of the facility.

NR 502.05(5)(i) (i) Disposal of solid waste is not allowed at a storage facility.

NR 502.05(5)(j) (j) Solid waste may not be burned.

NR 502.05(5)(k) (k) The facility shall be operated and maintained in a sanitary, nuisance-free manner so as to protect the environment and the public health.

NR 502.05(5)(L) (L) Adequate storm water drainage shall be maintained on and around the facility.

NR 502.05(6) (6) Operational requirements for noncontainerized storage facilities. No person may operate or maintain a noncontainerized storage facility except in conformance with an approved plan of operation and the following minimum operational requirements:

NR 502.05(6)(a) (a) All weather access shall be provided and maintained.

NR 502.05(6)(b) (b) Effective measures shall be taken to control flies, rodents and other vectors.

NR 502.05(6)(c) (c) Periodic maintenance or clean-up of the facility shall be conducted to keep it aesthetically pleasing and nuisance-free.

NR 502.05(6)(d) (d) Gates, fencing and an attendant shall be provided as specified by the department.

NR 502.05(6)(e) (e) Solid waste shall be disposed of at a licensed facility approved by the department.

NR 502.05(6)(f) (f) Solid waste may not be burned.

NR 502.05(6)(g) (g) The facility shall be operated and maintained in a sanitary, nuisance-free manner so as to protect the environment and the public health.

NR 502.05(6)(h) (h) Adequate drainage shall be maintained on and around the facility.

NR 502.05(7) (7) Operational requirements for municipal solid waste combustor residue storage facilities. Except for on site storage at a municipal solid waste combustor approved under s. NR 502.13, no person may maintain or operate a storage facility for residue produced by burning municipal solid waste unless the person has obtained an operating license under sub. (1), and written approval of a plan of operation under sub. (8), for the facility. Residue storage areas shall be designed, operated and maintained in compliance with the applicable operational requirements specified under sub. (5) or (6) and the following:

NR 502.05(7)(a) (a) The residue shall be wetted at all times during storage 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 the air in the residue handling areas.

NR 502.05(7)(b) (b) 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 shall be collected and treated at a wastewater treatment plant approved by the department.

NR 502.05(7)(c) (c) Access to the storage areas shall be restricted to authorized personnel only. Fencing or other means of access control acceptable to the department shall be maintained around the storage facility.

NR 502.05(8) (8) Plan of operation. No person may establish or construct a solid waste storage facility or expand an existing facility unless the person has obtained a plan of operation approval from the department. 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 applicable operational requirements specified under subs. (5) to (7). Unless otherwise approved by the department in writing, the plan shall be submitted in accordance with s. NR 500.05 and shall contain, at a minimum, the following information:

NR 502.05(8)(a) (a) A legal description of the facility.

NR 502.05(8)(b) (b) The present ownership of the property.

NR 502.05(8)(c) (c) The proposed facility size, a description of the present land use of the facility and the area within 1/4 mile of the facility.

NR 502.05(8)(d) (d) The area served, including population and major industries.

NR 502.05(8)(e) (e) The consistency of facility development with areawide solid waste plans and land use plans.

NR 502.05(8)(f) (f) The predominant types of vegetation and wildlife within the proposed facility boundaries.

NR 502.05(8)(g) (g) A complete materials balance for the storage facility, specifying amounts and characteristics of solid waste.

NR 502.05(8)(h) (h) The types of vehicles and access routes used to transport solid waste to and from the facility including the traffic flow patterns within the facility, and an estimate of the increased quantities of traffic on access routes to and from the facility.

NR 502.05(8)(i) (i) The estimated quantities and characteristics of wastes containing free liquids resulting from facility operations and methods of their storage and disposal.

NR 502.05(8)(j) (j) The persons responsible for facility construction and operation.

NR 502.05(8)(k) (k) Provisions for protection of groundwater and surface water during facility construction and operation.

NR 502.05(8)(L) (L) A discussion of possible operational hazards and necessary safety precautions.

NR 502.05(8)(m) (m) A discussion of design features and logic including the equipment capacity or size. Information shall be included to justify the size and configuration of the receiving area; methods of handling wastes containing free liquids resulting from operations such as floor drains, sewers and water treatment facilities; sizing of storm water drainage control structures; design life of any building and facility equipment; and methods of screening the facility from the surrounding area.

NR 502.05(8)(n) (n) An operations and maintenance manual which specifies the operating and maintenance procedures; operating personnel responsibilities; hours of operation; daily operating schedule; equipment maintenance schedules; methods of controlling explosions, dust, fire, odors and windblown materials; special waste handling procedures; methods of controlling access; daily cleanup procedures; person responsible for operation; facility licensee and owner; record keeping procedures; emergency procedures for handling of frozen conditions during cold weather; methods to prevent solid waste from burning; any additional procedures for the handling of the waste in the case of major facility breakdown; and any other pertinent information.

NR 502.05(9) (9) 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 in writing by the department:

NR 502.05(9)(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 right-of-way; building 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 502.05(9)(b) (b) 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 502.05(9)(c) (c) A proposed layout plan which shows the receiving, storage and loadout areas. The minimum scale shall be 1″ = 20′. Plan details shall include conceptual designs for the receiving area configuration and traffic flow patterns, storage area and equipment configuration, loadout area and equipment configuration, and other design features.

NR 502.05(9)(d) (d) At least one cross section shall be drawn through the receiving, storage and loadout areas indicating existing topography, limits of excavation, proposed final grades and other pertinent design features. More cross sections may be necessary depending on the complexity of the facility design.

NR 502.05(10) (10) Construction documentation report. The department may require the applicant to submit a construction documentation report for any storage facility which is required to submit a plan of operation. 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 approval.

NR 502.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (4) (a), renum. (1) (b) to be (1) (c), cr. (1) (b), (2) (e) and (13), Register, May, 1992, No. 437, eff. 6-1-92, cr. (1) (d), (2) (f), am. (5) (intro.), 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; renum. (3) (i) to be (3) (j) and cr. (3) (i), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-113: am. (3) (g) Register June 2005 No. 594, eff. 7-1-05; CR 05-020: am. (1) (a) (intro.), (b), (3) (intro.), (a) and (4) (a) 6., r. (1) (a) 1. to 3., renum. (1) (c) and (d) to be (1) (g) and (h), cr. (1) (c) to (f) and (3) (k) Register January 2006 No. 601, eff. 2-1-06; correction in (3) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; CR 21-041: am. (3) (a) Register June 2023 No. 810, eff. 7-1-23.

NR 502.06 NR 502.06 Collection and transportation services.

NR 502.06(1) (1) General.

NR 502.06(1)(a) (a) Owners and operators of solid waste collection and transportation services shall comply with s. NR 502.04.

NR 502.06(1)(b) (b) Unless exempt under sub. (2), no person may operate or maintain a collection or transportation service unless the person has obtained an operating license from the department.

NR 502.06(1)(c) (c) No person may transport or ship infectious waste or items mixed with infectious waste, unless the person complies with s. NR 526.10.

NR 502.06 Note Note: Services for collection and transportation of asbestos waste are required to meet the minimum requirements of the applicable air management rules in chs. NR 400 to 499.