Section 502.10. Air curtain destructors.

 

(1)   General.

(a) No person may operate or maintain an air curtain destructor unless the person complies with the general requirements specified in s. NR 502.04 and has obtained a plan of operation approval as specified in sub. (3) and an operating license from the department.

(b) Owners and operators of new or expanded air curtain destructors shall demonstrate compliance with the locational criteria listed in sub. (2) .

(2)   LOCATIONAL CRITERIA FOR AIR CURTAIN DESTRUCTOR FACILITIES.

(a) Except as otherwise specified in this section, new or expanded air curtain destructor facilities may not be located in any of the following areas, unless an exemption has been 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 facility is 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.

(b) The standards listed under par. (a) 2. to 6. do not apply to above ground self contained air curtain destructors. The department may grant exemptions from the requirements of par. (a) 2. to 6. only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemption from compliance with par. (a) 1. may not be granted.

(3)   Plan of operation. No person may establish or construct an air curtain destructor or expand an existing air curtain destructor prior to obtaining approval in writing from the department of a plan of operation for the facility. The plan of operation shall include a design which complies with the design and operational requirements in sub. (4) and contains at a minimum the following:

(a) Name, address and telephone number of the facility operator.

(b) A description of the types, quantity and sources of material proposed to be burned, and anticipated frequency of burning.

(c) Written consent to operate the facility from all adult residents and business owners within 1/4 mile of the burning pad, except that consent is not required from any person who was not an adult resident or proprietor at the time the facility was initially licensed by the department, unless that person is a successor in interest to a person who was an adult resident or proprietor at the time. If a resident or proprietor who previously consented to operation of the facility withdraws the consent in writing, the withdrawal is not effective until the end of the current license period for the facility.

(4)   Design and operational requirements. No person may construct, operate or maintain an air curtain destructor except in conformance with all local burning regulations and permits, state air management rules, with any approved plan of operation and the following minimum requirements:

(a) The burning pit shall be constructed of a material which will result in a pit of permanent dimensions. Unconsolidated soils are not an acceptable material for construction of the burning pit. Maintenance shall be performed on the pit to keep its dimensions constant to keep the air curtain destructor operating properly.

(b) The burning pit floor shall be constructed in a manner which provides for proper drainage.

(c) The burning pit shall be oriented perpendicular to the prevailing wind with the plenum chamber and blower on the downwind side.

(d) The charging area shall be paved with the concrete pad for a distance of at least 10 feet from the edge of the burning pit and sloped away from the chamber. Adequate safety devices shall be provided to prevent loading equipment from falling into the burning pit.

(e) Only clean wood and brush may be burned in an air curtain destructor. Brush shall be burned only in conformance with s. 287.07 , Stats.

(f) The stockpile of waste material shall be kept a minimum of 100 feet from the burner. The total amount of stockpiled waste shall be limited to the amount that can be burned in 5 days.

(g) Charging shall be done to prevent damage to the pit wall and floor.

(h) Waste shall be placed so that it does not extend above the burning pit or interfere with air circulation.

(i) Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling materials are unobtainable, other methods approved by the department in writing may be used.

(j) Burning may be conducted only during daylight hours. Quantities of materials to be burned shall be restricted to allow for complete burnout while the facility is attended.

(k) Fire-fighting equipment shall be kept at the facility in case of emergency. Arrangements shall also be made with the local government to provide fire protection. Fire breaks shall be provided for a distance of at least 100 feet from the air curtain destructor. Greater setbacks may be specified by the department.

(L) The burning pit shall be cleaned out on a regular schedule. Ashes may not be allowed to accumulate to a depth of greater than 3 feet. The department may specify a lesser depth.

(m) The air curtain destructor shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on duty.

(n) An attendant shall be on duty at all times when the blower unit is in operation. All fires shall be extinguished when the blower unit is shut off.

(o) Warning signs shall be posted at intervals around the entire air curtain destructor installation notifying people to keep out of the area.

(p) A sign acceptable to the department shall be posted at the entrance to the operation which indicates the name, acceptable wastes, license number, the hours of operation, penalty for nonauthorized use, necessary safety precautions and any other pertinent information.

(q) Surface water shall be diverted away from the active operating area, storage area and access areas.

(r) Ash resulting from the operation shall be disposed of at a facility approved by the department to receive such material.

(s) The facility shall be operated in a nuisance-free manner consistent with this chapter and in accordance with the state air management rules in chs. NR 400 to 499 .

Cr. Register, January, 1988, No. 385 , eff. 2-1-88; r. and recr. (1), (2), (3), am. (4) (intro.), (a), (e), (f), (h), (i), r. (4) (m), (n), (5), r. (4) (m), (n), (5), rn. (4) (o) to (u) to be (4) (m) to (s) and am. (4) (n), (p), (s), Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (2) (a) 6., Register January 2006 No. 601 , eff. 2-1-06.

Note

Air curtain destructor facilities must obtain a burning permit during certain times of the year under s. 26.12 , Stats., or may be required to obtain a burning permit from the township in which the burning will occur. Microsoft Windows NT 6.1.7601 Service Pack 1