Current through August 26, 2024
(1) GENERAL.
(a) Owners and operators of solid waste
collection and transportation services shall comply with s. NR 502.04.
(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.
(c) No person may
transport or ship infectious waste or items mixed with infectious waste, unless
the person complies with s. NR 526.10.
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.
(2)
EXEMPTIONS. The following collection or transportation services shall comply
with the general requirements specified in s. NR 502.04, but are exempt from
all other requirements of this chapter:
(a)
Services for the collection and transportation of only gravel pit spoils,
quarry materials, earth materials or salvageable materials other than those
listed in s. 287.07(3) or (4), Stats.
(ag) Services for the collection and
transportation of only waste electronic devices, or components derived from
electronic devices, destined for reuse or recycling that comply with general
operational requirements under sub. (4) (b), (d), (e), (f), and (g).
Note: A container that otherwise contains only
waste electronic devices may contain de minimis amounts of packaging or
contamination.
(am) Services
for the collection and transportation of the materials listed under s.
287.07(3) and (4), Stats., or non-hazardous materials
derived from electronic devices, after the materials have been processed for
reuse or recycling by conversion into a consumer product or a product that is
used as a raw material in a commercial or industrial process.
(ar) Services for the collection and
transportation of the materials listed in s.
287.07(4),
Stats., only from commercial, retail, industrial and governmental operations
that comply with general operational requirements listed in sub. (4) (e), (eg)
and (er).
(b) Services for the
collection and transportation of only ordinary solid waste from a single
household or solid waste amounting to less than 20 tons per year.
(c) Services for the collection and
transportation of sludge from municipal wastewater or water supply treatment
plants provided it is handled in accordance with ch. 283, Stats.
(d) Services for the collection and
transportation of only waste materials regulated and licensed under s.
281.48, Stats.
(e) Governmental services consisting solely
of vehicles used to collect and transport roadside litter from town, village,
city, county, state and federal highway right-of-way. Litter shall be disposed
of at a licensed disposal facility.
(f) Services for the collection and
transportation of dredge material regulated by permit or contract under s.
30.20, Stats.
(g) Services for the collection and
transportation of wastes generated by an industrial company which do not travel
on public roads and which utilize vehicles owned by the company.
(h) Services for the collection and
transportation of whey or waste materials from fruit or vegetable processing
operations.
(i) Services for the
transportation of infectious waste or items mixed with infectious waste in
compliance with s. NR 526.10.
(j)
Services for the collection and transportation of contaminated soil in
compliance with ch. NR 718.
(k)
Services for the collection and transportation of industrial byproducts in
compliance with ch. NR 538.
(l) The
operation of a vehicle owned or leased by the United States postal service or
other parcel carrier service when solid waste constitutes an incidental portion
of the carrier's business, if the solid waste is handled in accordance with all
applicable state and federal regulations.
(3) OPERATIONAL REQUIREMENTS FOR
TRANSPORTATION OF RESIDUE PRODUCED BY BURNING MUNICIPAL SOLID WASTE.
(a) No person may operate or maintain a
collection and transport service for the transportation of residue produced by
burning municipal solid waste except in accordance with the applicable
provisions of this section, and the following special requirements:
(b) The residue shall contain sufficient
moisture during transportation 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 air in the
residue handling areas.
(c) Prior
to transportation of the residue, free liquids shall be drained until no more
free liquids remain. All vehicles that transport the residue shall be designed
and operated as necessary to prevent leakage during operation.
(d) Access to the residue transport vehicles
shall be restricted to authorized personnel only.
(e) All transportation vehicles shall be
covered to adequately prevent spillage and wind blown residue during
transport.
(4) GENERAL
OPERATIONAL REQUIREMENTS. No person may operate or maintain a solid waste
collection and transportation service except in accordance with the following
minimum requirements:
(a) Each vehicle shall
have "WDNR" followed by the license number lettered on the driver's door. The
letters shall be at least 2 inches high with a minimum 1/2 inch brush stroke.
The lettering shall contrast with the background so it is easy to
read.
(b) Solid waste shall be
transported only to facilities which are licensed or approved by the
department, or to facilities which are exempt from regulation by the
department.
(c) Vehicles or
containers used for the collection and transportation of solid waste shall be
durable, easy to clean and leak-proof, if necessary, considering the type of
waste and its moisture content. All vehicles and containers shall be cleaned as
frequently as necessary to prevent nuisances or insect breeding and shall be
maintained in good repair.
(d)
Vehicles or containers used for the collection and transportation of solid
waste shall be loaded and moved in such a manner that the contents do not fall,
spill or leak. Covers shall be provided to prevent littering and spillage. If
spillage does occur, the operator shall immediately return spilled materials to
the vehicle and shall properly clean the spill area. In the event of a spill of
a hazardous substance the department shall be notified under s.
292.11, Stats., and the spill
material shall be collected and the environment restored as provided in ch. NR
708.
(e) Services for the
collection and transportation of recyclable materials listed in s.
287.07, Stats., and municipal
solid wastes shall comply with the prohibitions on land disposal and
incineration in s. 287.07, Stats.
(eg) Services for the collection and
transportation of municipal solid wastes shall notify their clients of the need
to comply with state and local laws requiring recycling. In this paragraph,
"client" means the contracting entity or the entity that arranges for service
provision in the case where there is no formal contract.
1. Notification for all clients except
households in single family and 2 to 4 unit dwellings shall be written, and
provided at the time of entering into a contract or otherwise arranging for
collection and transportation services and annually thereafter.
2. Notification for all clients in single
family and 2 to 4 unit dwellings shall be provided either at the time a client
first arranges for collection and transportation services or in writing within
45 days of that time, and by written notice annually thereafter.
3. The service provider shall maintain
documentation of this notification for the preceding calendar
year.
(er) Unless
otherwise specified by contract, a service for the collection and
transportation of recycled materials specified in s. NR 544.04 (3) and (4)
shall, within 4 weeks of a written request from a responsible unit, provide
information regarding the amount of recyclable materials collected under
contract with the responsible unit.
(f) Services for the collection and
transportation of recyclable materials shall maintain the cleanliness of those
materials for recycling purposes.
(g) Upon the request of the department, a
service for the collection and transportation of recyclable materials shall
provide satisfactory documentation to the department that the recyclable
materials have been delivered to brokers, processors or end users of the
materials. Records shall be retained for a period of 3 years from the time of
delivery.
(h) The owner or operator
shall provide written notice of termination of service to the department at
least 30 days prior to ceasing all transport services for an extended period.
The owner or operator shall provide information to the department concerning
service areas and disposal facilities used as specified in the license renewal
application.
(5)
RESPONSIBILITY. A person generating solid waste shall be responsible for the
collection and transportation of the waste to a solid waste disposal facility
licensed by the department unless the person contracts with a collection and
transportation service licensed by the department for that purpose.