Section NR 502.09 - Incinerators(1) GENERAL. (a) Unless exempt under sub. (2), no person may operate a solid waste incinerator 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.(b) Unless exempt under sub. (2), owners and operators of new or expanded solid waste incinerators shall demonstrate compliance with the locational criteria in sub. (3).(2) EXEMPTIONS. (a) Incinerators having a capacity of 500 pounds per hour or less are exempt from all requirements of this section except the disposal requirements in sub. (5) (n) and the ash characterization requirements in sub. (6). The facility shall be designed and operated in conformance with emission limitations of state air pollution control regulations in chs. NR 400 to 499.(b) Incinerators burning only clean wood waste are exempt from all requirements of this section except the disposal requirements in sub. (5) (n) and the ash characterization requirements in sub. (6).(c) Municipal solid waste combustors which are regulated under s. NR 502.13 are not subject to regulation under this section.(d) Incinerators which burn only used oil which is managed in compliance with ch. NR 679 are exempt from all requirements of this section.(3) LOCATIONAL CRITERIA. (a) Except as otherwise specified in this section, new or expanded solid waste incinerator facilities may not be located in any of the following areas, unless an exemption has been granted under par. (b): 2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.(b) The department may require an incinerator facility meet additional locational criteria 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 compliance with par. (a) 2. only upon demonstration by the applicant of circumstances which warrant such exemptions. Exemption from compliance with par. (a) 1. may not be granted. (4) PLAN OF OPERATION. No person may establish or construct an incinerator or expand an existing incinerator prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation for an incinerator shall provide a design which complies with the operational requirements in sub. (5) and contain, at a minimum, the following information: (a) A map or aerial photograph of the area showing land use and zoning within 1/4 mile of the site. The map or aerial photograph shall be of sufficient scale to show all homes, industrial buildings, roads and other applicable details and the details shall be identified and indicated on the map or aerial photograph.(b) A plot plan of the incinerator site including means of limiting access such as fencing, gates, natural barriers; methods of acceptably screening the facility from the surrounding area; general layout of equipment and flow pattern; road access; and location of existing and proposed utilities serving the incinerator.(c) A report which shall include the following information:1. The legal description of the property where the incinerator will be located.2. Population, area and facilities to be served by the incinerator.3. Anticipated type and quantity of waste to be handled by the incinerator.4. Persons responsible for incinerator operations.5. Methods of collecting and treating or disposing of any liquid wastes or waste waters resulting from the operation of the incinerator.(d) A description of all appurtenances and procedures intended to store refuse beyond the end of the working day and to control dust, odors, fire outside the burning chamber and windblown materials.(e) A description of all methods of volume reduction including compaction, compression, baling, shredding, grinding, tamping, separating or classifying.(f) A description of daily clean up procedures.(g) A description of incinerator inspection and maintenance schedule and procedures.(h) Detailed drawings and specifications of all structures, equipment and site.(i) A report which includes furnace design criteria and expected performance data, including emission data.(j) Identification of the site at which the ash residue will be disposed and alternative sites available for use when the primary site is inoperative.(5) OPERATIONAL REQUIREMENTS. No person may operate or maintain an incinerator except in conformance with the following minimum requirements, unless an exemption is granted by the department in writing: (a) The incinerator shall be equipped, operated and maintained in a nuisance-free manner.(b) Adequate shelter and sanitary facilities shall be available for personnel.(c) A sign shall be prominently posted at the entrance to the facility which indicates the name, license number, the hours of operation, necessary safety precautions and any other pertinent information.(d) All incoming solid waste shall be confined to the designated storage area.(e) Solid waste shall be stored in conformance with s. NR 502.05.(f) Dust shall be controlled in the unloading and charging areas.(g) Permanent records shall be maintained including the weights of material incinerated, the quantity of resulting residue, hours of plant operation, combustion temperatures, residence time and other pertinent information.(h) Appropriate fire-fighting equipment shall be available in the storage and charging areas and elsewhere as needed.(i) Arrangements shall be made with the local fire protection agency to provide adequate emergency fire-fighting forces.(j) Means of communication with emergency facilities shall be provided.(k) Adequate equipment shall be provided and used to clean the waste storage, waste handling, waste charging, and ash handling areas as may be required in order to maintain the facility in a sanitary condition. (l) The charging openings as well as all equipment throughout the plant shall be provided with adequate safety equipment.(m) The incinerator shall be designed and operated such that it will not cause a nuisance because of the emission of noxious odors, gases, contaminants or particulate matter or exceed emission limitations established by state air management rules.(n) Ash shall be disposed of at a solid waste facility licensed by the department to accept the material or be handled by an alternate method approved in writing by the department. Approval will be issued on a case-by-case basis after review of the information specified in sub. (6).(o) All wastewater from the incinerator shall be discharged into a sanitary sewer or other system approved in writing by the department.(p) Upon completion of construction of a new incinerator and at least 10 days prior to initial operation, the department shall be notified to allow inspection of the incinerator both prior to and during any performance tests and initial operation.(q) Open burning of solid waste may not be conducted.(r) An approved alternative method shall be used for solid waste disposal during any time that the incinerator is inoperable.(s) The incoming waste shall be screened to eliminate unacceptable material from entering the facility such as hazardous waste, asbestos, explosive materials or other materials which may endanger operator safety.(6) ASH CHARACTERIZATION. The owner or operator of an incinerator shall undertake a testing program as follows and submit the test results to the department: (a) An ash testing program shall be completed within 60 days after construction and shake-down of the incinerator. Representative samples of both fly ash and bottom ash shall be tested for physical characteristics, bulk chemical composition, analysis using the appropriate leaching test and analysis using the toxicity characteristics leaching procedure as specified in s. NR 661.0024. Sample collection methods, the number of tests, detection limits, and parameters to be tested for will be specified by the department.(b) A long-term ash testing program shall be established. For the first year of operation, quarterly testing shall be performed using approved methods and procedures. Thereafter, annual sampling and testing shall be performed. At least one sample of bottom ash and one sample of fly ash, if the ashes are not mechanically combined, or one sample of combined bottom and fly ash, if the ashes are mechanically combined, shall be collected for the required testing. The department may specify an alternate testing program.Wis. Admin. Code Department of Natural Resources NR 502.09
Cr. Register, January, 1988, No. 385, eff. 2-6-88; r. and recr. (1), renum. (4) and (5) to be (5) and (6), cr. (2) (c) and (4), Register, May, 1992, No. 437, eff. 6-1-92; cr. (2) (d), Register, May, 1995, No. 473, eff. 6-1-95; r. and recr. (1), (3), (4) (c), am. (2) (a) to (d), (4) (intro.), (d) to (g), (j), (5) (intro.), (a), (k), (n), (q), (6), (intro.), (a), (b), Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2) (d), (6) (a) made under s. 13.92(4) (b) 7, Stats., Register January 2011 No. 661.Amended by, CR 19-082: am. (6) (a) Register August 2020 No. 776, eff. 9/1/2020