NR 502.01NR 502.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally accepted solid waste management procedures are practiced in this state and to outline the requirements regarding licensing and operational requirements for solid waste storage, transportation, transfer, incinerators, air curtain destructors, processing, woodburning, composting and municipal solid waste combustors. This chapter is adopted under s. 227.11, Stats., and ch. 289, Stats.

NR 502.02(1)(1) Except as otherwise provided, this chapter governs all solid waste storage, transportation, transfer, incinerators, air curtain destructors, processing, woodburning, composting, and municipal solid waste combustors as defined in s. 289.01 (35), Stats., 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 502.02(2)(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, 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 502.02(3)(3) This chapter does not apply to the design, construction or operation of facilities used solely for the treatment of municipal wastewater sludge as defined and regulated under ch. NR 204.

NR 502.02 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1992, No. 437; am. (1), cr. (3), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15.

NR 502.04(1)(1) Performance standards.

NR 502.04(1)(a)(a) Unless an exemption is granted by the department under par. (b), no person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter, or any non-commercial soil borrow source designated to be used in the construction of a specific facility regulated under this chapter, within an area where there is reasonable probability that the facility will cause any of the following:

NR 502.04(1)(a)3.3. A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventative action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design, the point of standards application is defined by s. NR 140.22 (1).

NR 502.04(1)(a)5.5. The migration and concentration of explosive gases in any facility structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.

NR 502.04(1)(b)(b) Exemptions from the requirements of par. (a) 4. to 6. may be granted by the department only upon demonstration by the applicant of circumstances which warrant the exemption. Exemptions from compliance with par. (a) 3. may be granted only according to the procedures in ch. NR 140. Exemptions from compliance with par. (a) 2. may be granted only in accordance with the standards in ch. NR 103. Exemptions from compliance with par. (a) 1. may not be granted.

NR 502.04(2)(2) Initial site inspection.

NR 502.04(2)(a)(a) Any person intending to establish or expand a solid waste facility listed in subds. 1. to 8. which is subject to locational criteria under this chapter or a soil borrow source listed in subd. 9. shall submit a written request to the department for an initial site inspection for the purpose of evaluating compliance with the performance standards listed in sub. (1) and the applicable locational criteria contained in this chapter: