Section 502.13. Municipal solid waste combustors.

 

(1)   General.

(a) No person may operate or maintain a municipal solid waste combustor unless the person complies with the requirements in s. NR 502.04 and obtains a plan of operation approval under sub. (3) and an operating license from the department.

(b) Owners and operators of new or expanded municipal solid waste combustor facilities having a design capacity of greater than 100 tons per day shall provide proof of financial responsibility for closure prior to licensure. Closure costs shall include the costs of removal, transport and ultimate disposal of wastes.

(c) Owners and operators of new or expanded municipal solid waste combustor facilities shall demonstrate compliance with the applicable locational criteria listed in sub. (2) .

(2)   Locational criteria.

(a) No person may establish, construct or expand a municipal waste combustor within the following areas, except as otherwise specified within this chapter.

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.

(b) Exemptions from the requirements of par. (a) 2. may be granted only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemptions from compliance with par. (a) 1. may not be granted. The department may impose additional locational criteria if there is a significant potential for the facility to cause environmental pollution as defined in s. 299.01 (4) , Stats., nuisance conditions or bird hazard to aircraft.

(3)   Plan of operation. No person may establish, construct or operate a municipal solid waste combustor or expand an existing facility prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation for the municipal solid waste combustor shall provide a design which complies with the operational requirements in sub. (4) and contain, at a minimum, the following:

(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 municipal solid waste combustor 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 municipal solid waste combustor.

(c) A report which shall include the following information:

1. The legal description of the property where the municipal solid waste combustor will be located.

2. Population, area and facilities to be served by the municipal solid waste combustor.

3. Anticipated type and quantity of waste to be handled by the municipal solid waste combustor.

4. Persons responsible for the municipal solid waste combustor operations.

5. Methods of treating or disposing of any liquid wastes or waste waters resulting from the operation of the combustor.

(d) A description of 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 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 municipal solid waste combustor 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.

(j) Identification of the site at which the residue will be disposed and alternative sites available for use when the primary site is inoperative.

(k) For all new or expanded facilities, the plan of operation shall also include:

1. The name of the emergency fire-fighting unit that will respond to fire calls at the facility.

2. A discussion of the anticipated sequence of required events for facility closure.

3. A detailed analysis in accordance with ch. NR 520 of the financial responsibility for facility closure. This shall include an itemized cost estimate for phased and final facility closure. All assumptions used in developing the cost estimates shall be justified.

(4)   Operational requirements. No person may operate or maintain a municipal solid waste combustor except in conformance with the following minimum requirements, unless an exemption is granted by the department in writing:

(a) The municipal solid waste combustor shall be situated, equipped, operated and maintained in a nuisance-free manner.

(b) Adequate shelter and sanitary facilities shall be available for facility personnel.

(c) A sign shall be prominently posted at the entrance to the facility which indicates name, license number, 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) All solid waste, except residue, shall be stored in conformance with s. NR 502.05 (5) or (6) .

(f) Dust shall be controlled in all waste handling areas.

(g) Permanent records shall be maintained in accordance with sub. (7) .

(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 plant 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 municipal solid waste combustor shall be designed and operated so 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 in chs. NR 400 to 499 .

(n) Residue 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 shall be issued on a case-by-case basis after review of the information contained in sub. (6) .

(o) All wastewater from the combustor shall be discharged into a sanitary sewer or other system approved in writing by the department.

(p) Upon completion of construction of a new municipal solid waste combustor and at least 10 days prior to initial operation, the department shall be notified to allow inspection of the combustor 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 municipal solid waste combustor is inoperable.

(s) The incoming waste shall be screened to eliminate unacceptable material from entering the municipal solid waste combustor such as hazardous waste, asbestos, explosive materials or other materials as defined in sub. (9) .

(t) Residue storage at the municipal solid waste combustor shall be in accordance with the following:

1. The residue shall be wetted at all times during storage to prevent dust emissions. The facility may use alternative methods of dust control that are approved by the department prior to implementation. Provisions shall be made to prevent the release of residue into the air in the residue handling areas.

2. The storage area shall have an impervious surface on which the residue is stored and a collection system for any liquids coming into contact with the residue. All liquid that comes into contact with the residue which is not used as makeup water in the quench tank shall be collected and treated at a wastewater treatment plant approved by the department.

3. Access to the temporary storage areas shall be restricted to authorized personnel only. Fencing or other means of control acceptable to the department shall be maintained around the storage facility.

(u) All treatment or mixing of residue shall be performed in a manner which controls air and water emissions.

(v) Treatment or mixing of residue at a facility other than at the municipal solid waste combustor shall require a processing license under s. NR 502.08 .

(5)   Residue sampling.

(a) The owner or operator shall collect representative samples of residues produced by burning municipal solid waste for characterization required in sub. (6) . The samples shall be collected over a minimum one-week period every quarter within 2 weeks of March 15, June 15, September 15 and December 15, except as provided in par. (f) . Minimum 2 gallon volume samples shall be obtained hourly by a procedure approved by the department. The hourly samples shall be composited daily. Each daily sample shall then be composited together at the end of the testing period to result in a minimum of one representative sample. Compositing shall be performed in a manner acceptable to the department.

(b) Unless the residues are mixed as part of an internal, mechanical process, air pollution control equipment residue samples shall be collected separately from bottom-ash samples. If the mixing is part of an internal mechanical process, then the sampling shall be performed after the residue is mixed. If an ash treatment process occurs at the municipal solid waste combustor, then the sample shall be collected after treatment.

(c) For a municipal solid waste combustor where the compositing methods established in par. (a) would be impractical, alternatives may be approved by the department.

(d) An adequate volume of each representative composite sample to be tested shall be retained to allow for confirmatory testing if any of the levels established under sub. (6) (g) are exceeded.

(e) In addition to the routine quarterly sampling required in par. (a) , representative samples shall be collected within 2 weeks of initial startup and shakedown, and after any significant changes in plant design, operation or waste input, if the changes are expected to cause an increase or decrease in the number or concentrations of the residue parameters listed in sub. (6) , Table 1. The operator shall identify, and submit to the department, the changes made and the anticipated effect the changes will have on the residues.

(f) An operator of a municipal solid waste combustor that has a design capacity of less than 10 tons per day shall:

1. Collect representative samples over a minimum one-week period every year within 2 weeks of June 15.

2. Collect representative samples quarterly to test for the 8 heavy metal parameters listed in sub. (6) (g) and within the 2 weeks of initial startup and shakedown and after any significant changes in plant design, operation or waste input, if the changes are expected to cause an increase or decrease in the number or concentrations of the listed parameters in the residue. The operator shall identify, and submit to the department, the changes made and the anticipated effect the changes will have on the residues. The sample volume collected and compositing procedures shall comply with par. (a) .

3. Comply with all of the other provisions of this section.

(6)   Residue characterization.

(a) An operator of a municipal solid waste combustor with a design capacity of 10 tons per day or greater shall test its residue quarterly the first year after an approval has been issued. After the first year of quarterly testing the residues shall be tested on an annual basis, except as provided in par. (m) . The testing program listed in Table 1 shall be applied to all samples collected as required by sub. (5) (a) to (d) . The department may require dioxin and furan testing, if circumstances warrant. Test results shall be submitted to the department with the annual report specified under sub. (8) .

(b) An operator of a municipal solid waste combustor with a design capacity of less than 10 tons per day shall:

1. Test residue samples collected under sub. (5) (f) in accordance with the testing program in par. (g) .

2. Test its residue annually beginning the first June after an approval has been issued using the testing program listed in Table 1 for all samples collected under sub. (5) (f) . The department may require dioxin or furan testing, if circumstances warrant.

3. Submit test results to the department with the annual report specified under sub. (8) .

4. Comply with all of the other provisions of this section.

(c) A leachate sample from the monofill where the residue is disposed of may be substituted for the synthetic precipitation leaching procedure, EPA Method 1312, after the initial 4 rounds of testing. The leachate sample shall be tested for all of the parameters listed in Table 1, Section III, unless a reduction in the number of parameters tested for has been approved by the department. The municipal solid waste combustor using the leachate substitute shall be responsible for the testing. If significant levels of any of the listed parameters are detected in the leachate tested from a monofill that receives multiple sources of residue, the department may require all contributing municipal solid waste combustors to perform leach testing of their residue using EPA Method 1312.

(d) The operator of the municipal solid waste combustor may apply to the department at the end of the initial 4 rounds of testing for elimination of those parameters listed in Table 1, Section II which do not appear in its residues at significant levels.

(e) The provisions of this subsection do not supersede the testing requirements for the 8 heavy metal parameters listed in par. (g) using the toxicity characteristic leaching procedure, EPA Method 1311.

(f) During the scheduled testing period, if any parameter in the bulk analysis is not detected at or above the specified detection limits, then that parameter may be eliminated from further leach testing for that test period.

(g) An operator of a municipal solid waste combustor shall test its residue for the parameters listed in this paragraph quarterly and within 2 weeks of completing initial startup and shakedown, and after any significant changes in plant design, operation or waste input that significantly affects or changes the residue characteristics by using the toxicity characteristic leaching procedure, EPA Method 1311. Multiple samples may be tested separately and the results combined to obtain an arithmetic mean for each parameter. The operator shall immediately notify the department if test results indicate that any of the following limits are exceeded:

1. Arsenic (As) 5.0 mg/l

2. Barium (Ba) 100.0 mg/l

3. Cadmium (Cd) 1.0 mg/1

4. Chromium (Cr) 5.0 mg/1

5. Lead (Pb) 5.0 mg/1

6. Mercury (Hg) 0.2 mg/1

7. Selenium (Se) 1.0 mg/1

8. Silver (Ag) 5.0 mg/1

(h) If any of the limits in par. (g) are exceeded, the operator may elect to complete confirmatory testing on the retained sample within 2 weeks of receiving the initial results. If the operator elects to perform the confirmatory testing, only the constituents exceeding the limits will require testing.

(i) If any of the limits in par. (g) are exceeded and confirmatory testing under par. (h) is not completed, or if the test results of par. (h) confirms the exceedance of the limits for the parameters listed in par. (g) , the residue may be treated to reduce leachable constituents below the threshold values, prior to disposal, or the residue shall be managed in accordance with chs. NR 660 to 679 until a significant change to the facility design, operation or waste input can be demonstrated which produces consistent test results that meet the specified limits.

(j) If a significant change to the waste input can be demonstrated, the operator shall confirm this change by completing confirmatory testing of one new sample taken in accordance with sub. (5) . In cases where the contributing waste input cannot be isolated, consistent test results meeting the specified limits shall be obtained from monthly testing according to the requirements of par. (g) for a minimum of 3 months. Only the constituents exceeding the limits in par. (g) will require retesting under this provision.

(k) If none of the limits in par. (g) are exceeded or the confirmatory testing defined in par. (h) is below the specified limits in par. (g) , the residue may be disposed of in a single composite lined monofill in accordance with the provisions of s. NR 504.11 (2) (a) . In cases where limits in par. (g) were exceeded during initial testing, but were not exceeded in the confirmatory testing, additional testing in accordance with par. (g) shall be performed monthly for a minimum of 3 months to confirm that the initial exceedances were not representative of the residue characteristics. Only the constituents exceeding the limits require retesting under this provision. If there are any exceedances during this 3 month period, the residue shall be managed in accordance with the provisions of chs. NR 660 to 679 .

(L) All treated residue shall be tested according to the requirements of this section.

(m) The department may require different testing frequency and parameters, if circumstances warrant. - See PDF for table

(7)   Record keeping. Operators of municipal solid waste combustor facilities shall maintain a record at the facility available for inspection by department staff during normal business hours. Records shall be compiled on a monthly basis, at a minimum. The department may approve alternative record-keeping programs. The following shall be included in the records:

(a) The hours of plant operation, combustion temperatures and residence time.

(b) The weight of material coming into the facility.

(c) The weight of material rejected by the facility and where it was sent. Where exact weights are not available, estimates shall be made of the weight of rejected hazardous waste, lead-acid batteries, the material sent to a recycler and the material sent to a landfill.

(d) The weight of residue produced and where it was sent. Where exact weights are not available, the volume of residue produced shall be recorded.

(e) A list of the states of origin of solid waste accepted at the facility in the previous year and the amount, by weight, originating in each state.

(f) The recording person's initials and the date of each entry.

(8)   Annual report.

(a) The facility operator shall compile and submit to the department the records defined in sub. (7) as an annual report.

(b) The report shall cover the calendar year and be submitted no later than April 1 of the following year.

(c) The annual report shall include the results of all testing required under sub. (6) for the previous year.

(9)   Waste screening.

(a) The operator or designated agent of a municipal solid waste combustor shall screen the incoming waste to eliminate the materials identified in pars. (b) to (d) , from entering the facility.

(b) The screening of materials from the combustion process may be accomplished at the facility or by the contributors of the waste from the area served by the facility that have an effective recycling program. Additional restrictions to waste acceptance for some facilities may exist as specified in s. 287.07 , Stats. Alkaline batteries and similar heavy metal sources should not be accepted at municipal solid waste combustor facilities.

(c) Hazardous waste as defined by s. NR 660.10 (52) may not be accepted at a municipal solid waste combustion facility. This includes waste produced by small quantity generators. Household hazardous waste shall be excluded if separated from residential waste. Household hazardous waste may be accepted if not separated from residential waste.

(d) Major appliances, large metal objects, lead/acid batteries, building materials, and noncombustible furniture, office and farm equipment may not be fed into a municipal solid waste combustor.

(e) Waste oils may be burned only in compliance with state and federal regulations.

(10)   Waste screening plan. The operator of a municipal solid waste combustion facility shall evaluate and submit to the department a waste screening and handling plan that contains the following:

(a) Procedures for limiting the items listed in sub. (9) (c) and (d) from entering a combustor.

(b) Identification of other items that will not be accepted by the combustor due to heavy metal content or other reasons.

(c) Procedures for handling and disposing of screened items.

(d) Procedures and authority for enforcement of its requirements.

(e) The plan may include the effective recycling program under s. 287.11 , Stats., developed by each responsible unit or units served by the municipal solid waste combustor. Other waste reduction plans, such as medical waste reduction plans, may be included where appropriate.

(f) No municipal solid waste combustion facility may begin initial operation or continue operating unless a waste screening and handling plan under this section has been approved by the department.

(11)   Operator qualifications. The municipal solid waste combustion facility shall be operated by personnel meeting the operator qualification requirements established under s. 285.51 , Stats.

Cr., Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (6) (a), (b) 2., (c) and Table 1 Register January 2006 No. 601 , eff. 2-1-06; corrections in (6) (i), (k), (9) (c) made under s. 13.92 (4) (b) 7. , Stats., Register January 2011 No. 661 .

Note

Municipal solid waste combustors must also have the air management permits required under s. 285.60 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Method 1312 is in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998. The test methods are available at no cost at www.epa.gov/epaoswer/hazwaste/test/main.htm . Copies of the test methods may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, [phone], www.gpo.gov . Copies may also be obtained from the National Technical Information Service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, [phone], www.ntis.gov . Copies of the test methods are available for inspection at the offices of the department of natural resources, legislative reference bureau and the secretary of state. Microsoft Windows NT 6.1.7601 Service Pack 1 Method 1311 is in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998. The test methods are available at no cost at www.epa.gov/epaoswer/hazwaste/test/main.htm . Copies of the test methods may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, [phone], www.gpo.gov . Copies may also be obtained from the National Technical Information Service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, [phone], www.ntis.gov . Copies of the test methods are available for inspection at the offices of the department of natural resources, legislative reference bureau and the secretary of state. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of these test procedures can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, Madison, Wisconsin 53707. Copies of these test methods are also available for inspection at the offices of the legislative reference bureau and the secretary of state. Personal copies can be obtained from the U.S. environmental protection agency, office of solid waste, 401 M Street SW, Washington D.C. 20460. Microsoft Windows NT 6.1.7601 Service Pack 1 Methods 1311 and 1312 are in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998. The test methods are available at no cost at www.epa.gov/epaoswer/hazwaste/test/main.htm . Copies of the test methods may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, [phone], www.gpo.gov . Copies may also be obtained from the National Technical Information Service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, [phone], www.ntis.gov . Copies of the test methods are available for inspection at the offices of the department of natural resources, legislative reference bureau and the secretary of state. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1