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 NoteNote: 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 NoteNote: 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.
NR 502.08(2)(2)Exemptions. The following facilities are exempt from all requirements of this chapter, except as specified:
NR 502.08(2)(a)(a) Incinerators, air curtain destructors, woodburning facilities, composting facilities and municipal solid waste combustors regulated under ss. NR 502.09 to 502.13.
NR 502.08(2)(b)(b) 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, as specified in s. NR 544.16 (2).
NR 502.08(2)(c)(c) Facilities that process only used oil which is managed in compliance with ch. NR 679.
NR 502.08(2)(d)(d) Facilities for processing contaminated soil in accordance with ch. NR 718.
NR 502.08(2)(e)(e) Infectious waste treatment facilities which are exempt from licensing under s. NR 526.12 (2).
NR 502.08(2)(f)(f) A facility for the processing of scrap iron, steel, or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This exemption does not apply to a facility for the processing of electronic devices.
NR 502.08(2)(fg)(fg) Facilities that use large machines to sort, grade, compact, bale or process clean, separate waste components consisting of waste paper, textiles, clean wood, glass, pavement or plastics, not mixed with each other or other solid waste, for sale or distribution for reuse or recycling.
NR 502.08(2)(fr)(fr) Facilities that use large machines to sort, grade, compact, bale, or mechanically process clean, separate waste construction and demolition materials not mixed with other solid waste, for sale or distribution for reuse or recycling, provided the facility complies with the operational requirements specified in s. NR 502.07 (7) (a), (c), (d), (k), (L) and (o), the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), and, for new or expanded facilities opening after July 1, 2005, the locational criteria in s. NR 502.07 (3).
NR 502.08(2)(g)(g) Private alcohol fuel production systems provided the waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe landspreading technique and the disposal is confined to the property of the owner.
NR 502.08(2)(h)(h) Facilities where solid wastes are generated as part of a manufacturing or industrial process and the solid wastes are processed within a building on the same property where the waste is generated, provided the solid waste generator complies with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b).
NR 502.08(2)(i)(i) Except for those facilities which are otherwise exempt under this subsection, facilities where solid wastes are processed for reuse or recycling by being incorporated into a structural material such as concrete or asphalt or converted into a consumer product, or used as a raw material in a commercial or industrial process are exempt from licensing and all other requirements of this chapter, provided the solid waste generator or processor obtains written approval from the department to use the waste for these purposes in accordance with the following:
NR 502.08(2)(i)1.1. Comply with the performance standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), and operate the facility in a nuisance-free and aesthetic manner.
NR 502.08(2)(i)2.2. Submit a process flow diagram and the necessary laboratory and field tests to show that the specific waste types to be used would not release quantities of contaminants into the environment such that a potential hazard to public health or the environment would be created.
NR 502.08(2)(j)(j) A person or electronics processing facility processing fewer than 25 electronic devices per year, provided the person or electronics processing facility complies with performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), and the minimum operation requirements under sub. (6) (e), (g), (i), (k), (L), and (n).
NR 502.08(2)(k)(k) A facility that only hand sorts and packages waste electronic devices, including removing cords, ink or toner cartridges, or batteries from electronic devices, for shipping or transport to an electronics processing facility without engaging in any additional electronics processing activities, provided the facility complies with performance standards and closure requirements under s. NR 502.04 (1) and (3) (a) and (b), and the minimum operation requirements under sub. (6) (e), (g), (h), (i), (k), (L), and (n).
NR 502.08(3)(3)Locational criteria for nonexempt processing.
NR 502.08(3)(a)(a) Unless exempt under sub. (2), new or expanded processing facilities may not be located within any of the following areas, unless an exemption is granted under par. (b):
NR 502.08(3)(a)1.1. Within a floodplain.
NR 502.08(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 502.08(3)(a)3.3. Within 250 feet of any navigable lake, pond or flowage.
NR 502.08(3)(a)4.4. Within 250 feet of any navigable river or stream.
NR 502.08(3)(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.