Current through August 26, 2024
(1) GENERAL.
(a) Unless exempt under sub. (2m), owners and
operators of solid waste transfer facilities shall comply with the performance
standards and closure requirements in s. NR 502.04 (1) and (3) (a) and
(b).
(b) Unless exempt under sub.
(2), (2d), (2f), or (2m), an owner or operator of a new or expanded solid waste
transfer facility shall comply with initial site inspection requirements under
s. NR 502.04 (2) and demonstrate compliance with the locational criteria under
sub. (3).
(c) Unless exempt under
sub. (2), (2d), (2f), (2m), or (2r), no person may operate or maintain a solid
waste transfer facility unless the person has received approval of a plan of
operation as specified under sub. (4).
(cm) Unless exempt under sub. (2), (2d),
(2f), or (2m), no person may operate or maintain a solid waste transfer
facility unless the person has obtained an operating license from the
department.
(d) No person may
operate or maintain a transfer facility for infectious waste or items mixed
with infectious waste unless the person complies with s. NR 526.09.
(2) EXEMPTIONS.
Transfer facilities at which waste from individual users or from hand unloaded
vehicles not exceeding one ton in capacity shall comply with the performance
standards and closure requirements in s. NR 502.04 (1) and (3) (a) and (b), but
are exempt from all other requirements of this chapter, provided the facility
is operated and maintained in conformance with the following practices:
(a) Containers that do not hold only waste
electronic devices shall be leak-proof and manufactured of nondegradable
material such as metal, plastic or concrete.
(am) Containers or packaging material holding
only waste electronic devices 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.
Note: A container that otherwise contains only
waste electronic devices may contain de minimis amounts of packaging or
contamination.
(b) Where
mechanical equipment is a part of the operation, access shall be limited to
those times that an attendant is on duty. Access restrictions and an attendant
may be required by the department for a nonmechanical facility.
(c) Containers that do not hold only waste
electronic devices shall be removed or emptied at least once per week and more
frequently if conditions warrant.
(cm) 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.
(d) The transfer station and adjacent area
shall be kept clean and free of litter.
(e) Burning of solid waste may not be
conducted.
(f) Effective means
shall be provided to control flies, rodents and other insects or
vermin.
(g) An all-weather access
road and parking area shall be provided and maintained.
(h) If recycling facilities are provided,
they shall be clearly labeled and maintained in a nuisance-free
manner.
(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:
(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.
(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.
(c) The transfer facility and
adjacent area shall be kept clean and free of litter.
(d) Burning of solid waste may not be
conducted.
(e) Effective means
shall be provided to control rodents, flies, and other insects or
vermin.
(f) An all-weather access
road and parking area shall be provided and maintained.
(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.
(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.
(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:
(a) Comply with performance standards and
closure requirements in s. NR 502.04 (1) and (3) (a) and (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).
(c) Obtain an operating license from the
department.
(d) Accept a maximum of
50 tons of waste per day and store a maximum of 50 tons of waste at any one
time.
(e) Comply with operational
requirements for transfer facilities in sub. (7) and all of the following:
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.
2. Do not accept sewage solids, sludge,
asbestos or wastes containing free liquids.
3. At the end of each operating day, place
all waste in leak-proof vehicles or containers with impermeable tops.
(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)
(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.
(3) LOCATIONAL
CRITERIA.
(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):
1. Within a floodplain.
2. Within 250 feet of any private water
supply well, or within 1,200 feet of any public water supply well.
3. Within 250 feet of any navigable lake,
pond or flowage.
4. Within 250 feet
of any navigable river or stream.
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.
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.
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.
(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.
(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:
(a) A legal description of the property and
the facility boundaries.
(b) The
present ownership of the proposed facility property.
(c) Land use within 1/4 mile of the proposed
facility.
(d) The operator of the
facility.
(e) The size of the
facility.
(f) A USGS 7 1/ 2 minute
or 15 minute quadrangle map of the facility property.
(g) The proposed methods of screening waste
handling operations from the surrounding area.
(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.
(i) The
population and area to be served by the facility and projections for changes in
use in the future.
(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.
(k) The
persons responsible for structural improvements, building maintenance and daily
operation and control of the facility.
(l) The types of vehicles used to transport
solid waste into and out of the facility.
(m) The vehicle traffic routing at the
facility and provisions for access to connecting roadways.
(n) The source of the facility's water supply
and the method of wastewater treatment.
(o) The methods of volume reduction to be
used such as compacting, grinding, compression or tamping.
(p) The design criteria used to select
equipment capacity and building configuration and sizing.
(q) Daily clean-up procedures.
(r) The names and locations of all solid
waste disposal facilities to which waste from the transfer station may be
hauled.
(s) The procedures for
alternate routing of waste during inoperable periods at the facility.
(t) The procedures to handle heavy or bulky
items and locations for storage of solid waste beyond the end of the working
day.
(u) The equipment and
procedures designed to control dust, odors, noise, fire and windblown
paper.
(v) The proposed life
expectancy of the facility.
(w) A
detailed discussion of the safety equipment and procedures to be used at the
facility.
(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:
(a) An existing
conditions map, which shows the entire facility and the area within 1/2 mile.
The minimum scale shall be 122 = 4002. 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.
(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.
(c) A proposed
process layout plan which shows the receiving, storage and loadout areas. The
minimum scale shall be 122 = 202. 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.
(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.
(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:
(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.
(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.
(c) All wastewater shall be collected and
treated at a wastewater treatment facility permitted to accept it.
(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.
(e) Access shall be
restricted except when an attendant is on duty.
(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.
(g) Unloading of solid
waste may take place only within the enclosed structure and only in approved
designated areas.
(h) Solid waste
shall be confined to the unloading, loading and handling area.
(i) The transfer facility and adjacent area
shall be kept clean and free of litter.
(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.
(k) Dust and odor
generated by the unloading of solid waste and the operation of the transfer
facility shall be controlled at all times.
(l) Burning of solid waste may not be
conducted.
(m) Solid waste which is
burning or is at a temperature likely to cause fire or is flammable or
explosive may not be accepted.
(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.
(o) Means shall be
provided to control flies, rodents and other insects or vermin.
(p) Provisions shall be made for adequate
maintenance of the transfer facility after each day of operation.
(q) Means of communication shall be provided
for emergency purposes.
(r) An
approved alternative method of waste processing or disposal shall be provided
in the event that the transfer facility is rendered inoperable.
(s) Recyclable material may be separated from
the incoming waste and stored provided that no fire hazard or nuisance
conditions are created.
