Transfer facilities

Transfer facilities. (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. (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) , (n) , (o) , (s) , and (t) 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 in 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: (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.