Chapter NR 502

NR 502.07(2d) (2d) Exempt electronics transfer facilities. A facility for the transfer of waste electronic devices intended for recycling that is not exempt under sub. (2) shall be operated and maintained in a nuisance-free manner and comply with the performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), but is exempt from all other requirements of this chapter, provided the facility is operated and maintained in conformance with all of the following practices:

NR 502.07(2d)(a) (a) Containers or packaging material shall be adequate to prevent breakage and spills, compatible with the contents, and manufactured of material that will remain structurally sound for the length of time material is stored. Electronic devices shall be stored in a manner that will prevent damage from weather, theft, or vandalism.

NR 502.07(2d)(b) (b) A facility shall demonstrate that containers, pallets or other packaging material holding only waste electronic devices, along with any waste electronic devices stored outside of a container, are removed or emptied at least once per year.

NR 502.07(2d)(c) (c) The transfer facility and adjacent area shall be kept clean and free of litter.

NR 502.07(2d)(d) (d) Burning of solid waste may not be conducted.

NR 502.07(2d)(e) (e) Effective means shall be provided to control rodents, flies, and other insects or vermin.

NR 502.07(2d)(f) (f) An all-weather access road and parking area shall be provided and maintained.

NR 502.07(2f) (2f) Exempt recycling transfer facilities. A facility only for the transfer of items listed under s. 287.07 (4), Stats., shall comply with the operational requirements under sub. (7) (a), (c), (d), (i), (k), and (o), and the performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria under sub. (3), but is exempt from all other requirements of this chapter.

NR 502.07(2m) (2m) Exempt used oil facilities. Transfer facilities for only used oil which is managed in compliance with ch. NR 679 are exempt from all requirements of this chapter.

NR 502.07(2r) (2r) Exempt transfer facilities accepting less than 50 tons per day. Transfer facilities that meet all of the following criteria are exempt from all other requirements of this chapter:

NR 502.07(2r)(a) (a) Comply with performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).

NR 502.07(2r)(b) (b) New or expanded facilities shall comply with initial site inspection requirements in s. NR 502.04 (2) and demonstrate compliance with locational criteria in sub. (3).

NR 502.07(2r)(c) (c) Obtain an operating license from the department.

NR 502.07(2r)(d) (d) Accept a maximum of 50 tons of waste per day and store a maximum of 50 tons of waste at any one time.

NR 502.07(2r)(e) (e) Comply with operational requirements for transfer facilities in sub. (7) and all of the following:

NR 502.07(2r)(e)1. 1. Limit storage periods to a maximum of 24 hours, except within leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service.

NR 502.07(2r)(e)2. 2. Do not accept sewage solids, sludge, asbestos or wastes containing free liquids.

NR 502.07(2r)(e)3. 3. At the end of each operating day, place all waste in leak-proof vehicles or containers with impermeable tops.

NR 502.07(2r)(f) (f) 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 transfer facility, _________________(facility name), located at _________________(location address); that I am aware of s. NR 502.07, Wis. Adm. Code applicable to the facility; and that the facility is in compliance with the code.

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

NR 502.07(2r)(g) (g) If the certification required in par. (f) 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 502.07(3) (3) Locational criteria.

NR 502.07(3)(a) (a) Except as otherwise specified in this section, new or expanded solid waste transfer facilities may not be located in any of the following areas, unless an exemption is granted under par. (b):

NR 502.07(3)(a)1. 1. Within a floodplain.

NR 502.07(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 502.07(3)(a)3. 3. Within 250 feet of any navigable lake, pond or flowage.

NR 502.07(3)(a)4. 4. Within 250 feet of any navigable river or stream.

NR 502.07(3)(a)5. 5. Within 100 feet of land owned by a person other than the owner or operator of the facility, unless the waste handling operations are screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the property boundary.

NR 502.07(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 502.07(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 502.07(3)(b) (b) The locational criteria listed under par. (a) 2. to 7., do not apply to waste transfer activities located within an enclosed building. However, the department may require enclosed solid waste transfer 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 502.07(4) (4) Plan of operation. Unless exempt under sub. (2), (2f), (2m) or (2r), no person may establish or construct a transfer facility prior to obtaining approval in writing from the department of a plan of operation for the facility. 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 operational requirements in sub. (7). Unless an exemption is granted by the department in writing, the plan shall be submitted in accordance with s. NR 500.05 and shall contain engineering plans specified under sub. (5) and a report containing, at a minimum the following information:

NR 502.07(4)(a) (a) A legal description of the property and the facility boundaries.

NR 502.07(4)(b) (b) The present ownership of the proposed facility property.

NR 502.07(4)(c) (c) Land use within 1/4 mile of the proposed facility.

NR 502.07(4)(d) (d) The operator of the facility.

NR 502.07(4)(e) (e) The size of the facility.

NR 502.07(4)(f) (f) A USGS 71/2 minute or 15 minute quadrangle map of the facility property.

NR 502.07(4)(g) (g) The proposed methods of screening waste handling operations from the surrounding area.

NR 502.07(4)(h) (h) A discussion of the consistency of facility development with areawide solid waste management plans, land use plans or other areawide plans. Alternatives considered in the project planning phase shall be discussed.

NR 502.07(4)(i) (i) The population and area to be served by the facility and projections for changes in use in the future.

NR 502.07(4)(j) (j) The type and quantity of waste to be handled, and specific waste types which will not be accepted at the facility. The method for screening the incoming waste to eliminate unacceptable material such as asbestos, infectious waste, explosive wastes, hazardous waste or other materials from endangering the operators’ safety shall be identified.

NR 502.07(4)(k) (k) The persons responsible for structural improvements, building maintenance and daily operation and control of the facility.

NR 502.07(4)(L) (L) The types of vehicles used to transport solid waste into and out of the facility.

NR 502.07(4)(m) (m) The vehicle traffic routing at the facility and provisions for access to connecting roadways.

NR 502.07(4)(n) (n) The source of the facility’s water supply and the method of wastewater treatment.

NR 502.07(4)(o) (o) The methods of volume reduction to be used such as compacting, grinding, compression or tamping.

NR 502.07(4)(p) (p) The design criteria used to select equipment capacity and building configuration and sizing.

NR 502.07(4)(q) (q) Daily clean-up procedures.

NR 502.07(4)(r) (r) The names and locations of all solid waste disposal facilities to which waste from the transfer station may be hauled.

NR 502.07(4)(s) (s) The procedures for alternate routing of waste during inoperable periods at the facility.

NR 502.07(4)(t) (t) The procedures to handle heavy or bulky items and locations for storage of solid waste beyond the end of the working day.

NR 502.07(4)(u) (u) The equipment and procedures designed to control dust, odors, noise, fire and windblown paper.

NR 502.07(4)(v) (v) The proposed life expectancy of the facility.

NR 502.07(4)(w) (w) A detailed discussion of the safety equipment and procedures to be used at the facility.

NR 502.07(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 in writing by the department:

NR 502.07(5)(a) (a) An existing conditions map, which shows the entire facility and the area within 1/2 mile. The minimum scale shall be 1¢¢ = 400¢. This map shall include the facility boundary, property lines, easements and right-of-way; building foundations, roads, utilities and other structures; existing 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 502.07(5)(b) (b) A facility plan which shall include 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 502.07(5)(c) (c) A proposed process layout plan which shows the receiving, storage and loadout areas. The minimum scale shall be 1¢¢= 20¢. The plans shall include design details for the receiving area configuration and traffic flow patterns, storage area and equipment configuration, loadout area and equipment configuration, and other design features.

NR 502.07(6) (6) Construction documentation report. The department may require the applicant to submit a construction documentation report for any transfer facility 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 begin 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 502.07(7) (7) Operational requirements for transfer facilities. Unless exempt under sub. (2), (2f), (2m) or (2r) no person may operate or maintain a transfer facility except in conformance with an approved plan of operation, if applicable under sub. (4), and the following operational requirements:

NR 502.07(7)(a) (a) A sign shall be prominently posted at the entrance to the facility, which indicates the name, license number, the hours of operation, waste types accepted, necessary safety precautions and any other pertinent information specified by the department.

NR 502.07(7)(b) (b) A building, roofed and enclosed on at least 3 sides or otherwise enclosed to satisfactorily control dust, papers, and other waste materials, shall be provided.

NR 502.07(7)(c) (c) All wastewater shall be collected and treated at a wastewater treatment facility permitted to accept it.

NR 502.07(7)(d) (d) The facility shall be operated under the direct supervision of responsible individuals who are thoroughly familiar with the requirements and the operational procedures of the transfer facility.

NR 502.07(7)(e) (e) Access shall be restricted except when an attendant is on duty.

NR 502.07(7)(f) (f) There may be no storage of solid waste on the premises for a period greater than 24 hours except in conformance with s. NR 502.05 or unless the waste is contained in leak-proof vehicles or containers with impermeable tops used by a licensed collection and transportation service. Longer storage periods may be authorized by the department for certain industrial and commercial waste depending on the design of the facility.

NR 502.07(7)(g) (g) Unloading of solid waste may take place only within the enclosed structure and only in approved designated areas.

NR 502.07(7)(h) (h) Solid waste shall be confined to the unloading, loading and handling area.

NR 502.07(7)(i) (i) The transfer facility and adjacent area shall be kept clean and free of litter.

NR 502.07(7)(j) (j) Sewage solids, sludge, asbestos or wastes containing free liquids may not be accepted unless special handling plans for these wastes have been submitted to the department and approved in writing. Infectious or hazardous waste may not be accepted under any circumstances.

NR 502.07(7)(k) (k) Dust and odor generated by the unloading of solid waste and the operation of the transfer facility shall be controlled at all times.

NR 502.07(7)(L) (L) Burning of solid waste may not be conducted.

NR 502.07(7)(m) (m) Solid waste which is burning or is at a temperature likely to cause fire or is flammable or explosive may not be accepted.

NR 502.07(7)(n) (n) 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 502.07(7)(o) (o) Means shall be provided to control flies, rodents and other insects or vermin.

NR 502.07(7)(p) (p) Provisions shall be made for adequate maintenance of the transfer facility after each day of operation.

NR 502.07(7)(q) (q) Means of communication shall be provided for emergency purposes.

NR 502.07(7)(r) (r) An approved alternative method of waste processing or disposal shall be provided in the event that the transfer facility is rendered inoperable.

NR 502.07(7)(s) (s) Recyclable material may be separated from the incoming waste and stored provided that no fire hazard or nuisance conditions are created.

NR 502.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), (3) (j), Register, October, 1994, No. 466, eff. 11-1-94; am. (1), cr. (2m), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1), am. (2) (intro.), (2m), (7), (intro.), (c), (f), (g), cr. (2f), (3), r. (6), (8), renum. (3), (4) and (5) to be (4), (5) and (6) and am. (4) (intro.), (j), (6), Register, June, 1996, No. 486, eff. 7-1-96; am. (7) (j), Register, September, 1998, No. 513, eff. 10-1-98; CR 04-113: am. (2f) Register June 2005 No. 594, eff. 7-1-05; CR 05-020: am. (1) (a) to (c), (2m), (3) (a) 6., (4) (intro.) and (7) (intro.), cr. (1) (cm) and (2r) Register January 2006 No. 601, eff. 2-1-06; correction in (2m) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; correction in (2f) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 21-041: am. (1) (b), (c), (cm), (2) (a), cr. (2) (am), am. (2) (c), cr. (2) (cm), (2d), am. (2f) Register June 2023 No. 810, eff. 7-1-23; correction in (2) (am), (cm), (2d) (a) made under s. 35.17, Stats., Register June 2023 No. 810.

NR 502.08 NR 502.08 Solid waste processing facilities.

NR 502.08(1) (1) General.

NR 502.08(1)(a) (a) Unless exempt under sub. (2), no person may operate or maintain a solid waste processing facility 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.

NR 502.08(1)(b) (b) Unless exempt under sub. (2), owners and operators of new or expanded solid waste processing facilities shall demonstrate compliance with the applicable locational criteria in sub. (3).

NR 502.08 Note Note: Persons treating infectious waste are required to submit a plan of operation and obtain a license for operating a solid waste processing facility under this section and shall comply with s. NR 526.12.

NR 502.08(1)(c) (c) Unless exempted under sub. (2) (j) or (k), an electronics processing facility shall comply with all requirements of this chapter beginning on July 1, 2023.

NR 502.08 Note Note: Under CR 21-041, the department intended to have this paragraph go into effect 12 months after the effective date. The department will not enforce s. NR 502.08 (1) (c) until July 1, 2024.