Register January 2006 No. 601
Chapter NR 524
TRAINING AND CERTIFICATION REQUIREMENTS
FOR SOLID WASTE DISPOSAL FACILITY OPERATORS
NR 524.05 Municipal, mixed waste and intermediate size construction and demolition disposal facilities. NR 524.06 Certified facility manager and certified site operator duties. NR 524.07 Knowledge requirements. NR 524.08 Initial certification and examination. NR 524.09 Recertification. NR 524.10 Interim status. NR 524.13 Issuance of certificates. NR 524.14 Suspension or revocation and refusal to renew certifications. NR 524.01NR 524.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in Wisconsin by outlining the minimum requirements for certification of persons participating in or responsible for the operation of solid waste disposal facilities. This chapter is adopted under ss. 289.06, 289.42 (1) and 227.11 (2), Stats. NR 524.02(1)(1) Except as otherwise provided, this chapter governs all solid waste disposal facilities, except hazardous waste facilities as defined in s. 291.01 (8), Stats., and regulated under chs. NR 660 to 679; metallic mining operations for nonferrous minerals as defined in s. 293.01 (9), Stats., and regulated under ch. NR 182; and metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes and mining waste sites as defined in s. 295.41 (30) and (31), Stats., and regulated under subch. III of ch. 295, Stats. NR 524.02(2)(2) This chapter applies to the solid waste disposal facilities specified in sub. (1) only during the time that the facility is approved by the department to conduct solid waste disposal operations. NR 524.02(3)(3) This chapter does not apply to the design, construction or operation of industrial waste water facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste. NR 524.02 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15. NR 524.03NR 524.03 Definitions. The following definitions, as well as the definitions in s. NR 500.03, are applicable to terms used in this chapter unless the context requires otherwise. NR 524.03(1)(1) “Certified facility manager” means a person who holds a current solid waste facility manager certificate issued under this chapter. NR 524.03(2)(2) “Certified site operator” means a person who holds a current solid waste site operator’s certificate issued under this chapter. NR 524.03(3)(3) “Hours of operation” means anytime when a solid waste disposal facility is open for accepting waste or any of the following activities are occurring: NR 524.03(3)(b)(b) Surface water and leachate structure maintenance and repair, other than routine alarm response and equipment restarting. NR 524.03(3)(d)(d) Design repairs in major phases that have received waste but have not completed final closure. NR 524.03(3)(f)(f) Other activities that are determined by the department that are similar. NR 524.03 NoteNote: Activities which do not constitute hours of operation include pumping leachate, gas extraction, environmental monitoring, new phase construction, remediation at a closed site or in a major phase that has received waste and has completed final closure, equipment maintenance, access road maintenance to the site, and other activities determined by the department that are similar.
NR 524.03 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-020: r. and recr. Register January 2006 No. 601, eff. 2-1-06. NR 524.04(1)(1) Except as provided in sub. (2), the following solid waste disposal facilities are exempt from the requirements of this chapter: NR 524.04(1)(a)(a) Facilities which are not required to be licensed under s. 289.31, Stats., except for small size construction and demolition waste landfills subject to s. NR 503.09 and intermediate size construction and demolition waste landfills subject to s. NR 503.10. NR 524.04(1)(b)(b) Solid waste disposal facilities used solely for the disposal of animal carcasses. NR 524.04(2)(2) The department may require individual solid waste disposal facilities which are exempt under sub. (1) to have certified operators, if in the opinion of the department, the facility is unique in some manner, and trained and certified personnel at the facility will help protect public health, safety, welfare or the environment. NR 524.04(3)(3) The department may grant exemptions in writing from non-statutory requirements of this chapter. Persons may apply for an exemption under this section by providing the department with a written request identifying the exact provisions they wish exemption from, along with appropriate documentation which demonstrates to the satisfaction of the department that the proposal will not have a significant adverse impact upon public health, safety, welfare or the environment. The department shall take into account such factors as the amount of waste being disposed, the design of the facility, the physical and chemical characteristics of the waste and any other information which may be appropriate. The department may grant exemptions if the department finds that granting the exemption will not cause significant adverse impacts to public health, safety, welfare or the environment. NR 524.04 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; am. (1) (a), Register, June, 1996, No. 486, eff. 7-1-96. NR 524.05NR 524.05 Municipal, mixed waste and intermediate size construction and demolition disposal facilities. The owner or operator of a solid waste disposal facility shall comply with one of the following: NR 524.05(1)(1) Municipal and mixed waste disposal facilities. The owner or operator of a solid waste disposal facility that is not a small demolition facility under s. NR 500.03 (121) or a solid waste disposal facility used primarily for the disposal of high volume industrial waste shall do all of the following: NR 524.05(1)(a)(a) Submit to the department with the submittal of the annual licensing application form, or if annual licensing is not required a submittal to the department by October 1 of each year, the name of at least one certified facility manager. This person or persons shall be designated to perform the duties required in s. NR 524.06 (1) for the facility. NR 524.05(1)(b)(b) Assure that a designated certified facility manager be present either at the solid waste disposal facility, or be within 50 miles of the facility and able to be contacted by facility personnel during 75% of the hours of operation. NR 524.05(1)(c)(c) Submit a list of the names of people with delegated authority to be contacted when the facility manager is unavailable. The list shall be submitted to the department and maintained at the facility. NR 524.05(1)(d)(d) Submit to the department with the list of certified facility managers required in par. (a), the name of any certified site operators who are designated to fulfill the requirements in s. NR 524.06 (2) for the facility. NR 524.05(1)(e)(e) Have a certified facility manager or certified site operator present at the facility during all hours of operation. NR 524.05(2)(2) High volume industrial waste disposal facilities. The owner or operator of a solid waste disposal facility that is used primarily for the disposal of high volume industrial waste shall do all of the following: NR 524.05(2)(a)(a) Submit to the department with the submittal of the annual licensing application form the name of at least one certified facility manager. This person or persons shall be designated to perform the duties in s. NR 524.06 (1) for the facility. NR 524.05(2)(b)(b) Assure that a designated certified facility manager be present either at the solid waste disposal facility, or be within 50 miles of the facility and able to be contacted by facility personnel during 75% of the hours of operation. NR 524.05(2)(c)(c) Submit a list of the names of people with delegated authority to be contacted when the facility manager is unavailable. The list shall be submitted to the department and maintained at the facility. NR 524.05(2)(d)(d) Submit to the department with the list of certified facility managers required in par. (a), the name of any qualified person who is designated to fulfill the requirements in s. NR 524.06 (2) for the facility. NR 524.05(2)(e)(e) Have a certified facility manager or certified site operator on site during all hours of operation other than when only waste delivery operations are occurring unless all of the following criteria are met: NR 524.05(2)(e)1.1. A certified facility manager is present at the site to oversee operations a minimum of once a week and more often as necessary to assure the facility is being operated in a nuisance free and environmentally safe manner. A sign-in log shall be kept at the site attesting to the certified facility manager’s weekly presence and shall be made available to the department upon request. NR 524.05(2)(e)2.2. A site operator who possesses the knowledge specified in s. NR 524.07 (2) but need not be certified performs the duties in s. NR 524.06 (2) at all times during the hours of operation other than when only waste delivery operations are occurring. NR 524.05(2)(e)3.3. The department has not issued a notice of violation for that facility during the previous 3 years and a written notification to the owner or operator that a certified facility manager or certified site operator shall be present on site during all hours of operation other than when only waste delivery operations are occurring unless all violations have been resolved, and the department has issued a letter confirming that the violations have been corrected. NR 524.05(3)(3) Small demolition waste disposal facilities. The owner or operator of a small demolition site shall do all of the following: NR 524.05(3)(a)(a) Have a certified site operator on site at all times during its hours of operation. NR 524.05(3)(b)(b) Prior to October 1 of each year, submit to the department the name of any certified site operator who is designated to fulfill the requirements in s. NR 524.06 (2) for the facility. NR 524.05 HistoryHistory: Cr. Register, May, 1994, No. 461, eff. 6-1-94; am. (1) (a), Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (intro.), (1) (a), (d), (2) (a), (e) 1. and 2. Register January 2006 No. 601, eff. 2-1-06. NR 524.06NR 524.06 Certified facility manager and certified site operator duties. NR 524.06(1)(1) Certified facility manager duties. A certified facility manager designated by the owner or operator under s. NR 524.05 (1) or (2) shall: NR 524.06(1)(b)(b) Ensure that the facility is operated in accordance with the approved plan of operation and other established facility policies and procedures; NR 524.06(1)(c)(c) Ensure that all staff at the solid waste disposal facility are trained in their job responsibilities, regulations affecting their jobs, and health and safety concerns relating to the site and their jobs. Training outlines and attendance shall be documented and made available to the department for inspection upon request; NR 524.06(1)(d)(d) Ensure that facility operation complies with applicable state laws; NR 524.06(1)(e)(e) Ensure that policies and procedures for proper and safe facility operations are developed and periodically updated. NR 524.06(2)(b)(b) Ensure that the facility is operated in accordance with the approved plan of operation and other established facility policies and procedures; NR 524.06(2)(c)(c) Ensure that the facility operation complies with applicable state laws.
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Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
section
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