Section 506.15. Management of residue produced by burning municipal solid waste.

 

(1)   General. No person may operate or maintain a landfill for the disposal of residue produced by the burning of municipal solid waste, except in accordance with this section and the written approval of the department.

(2)   Landfill criteria. Only landfills meeting the following criteria may accept municipal solid waste combustor residue for disposal:

(a) The landfill shall be a licensed and approved landfill as defined in s. 289.01 (3) , Stats. The department may grant an exemption to this provision if the landfill owner or operator can demonstrate substantial compliance with the design criteria in s. NR 504.11 .

(b) The landfill shall be approved by the department in writing prior to accepting residue from each municipal solid waste combustor source. The landfill may accept only residue from municipal solid waste combustors designated in the municipal solid waste combustor residue disposal plan included in the initial plan of operation approval or a modification to the original approval granted under s. NR 514.07 (5) .

(c) The landfill area used for disposal shall be designed and constructed, at a minimum, as a composite lined monofill meeting the requirements of s. NR 504.11 (2) (a) . Operators of medical waste combustors with a design capacity of less than 10 tons per day may apply to the department for a written exemption to this requirement. All municipal solid waste combustor residue that meets or exceeds the test limits specified in s. NR 502.13 (6) (g) or subsequent confirmation testing as specified in s. NR 502.13 (6) (h) , and is not subsequently treated to below those limits, may not be disposed of in a municipal solid waste landfill and shall be managed in accordance with chs. NR 660 to 679 .

(d) The landfill shall maintain a storm water control system approved by the department.

(e) The landfill shall maintain access control to the landfill.

(3)   Operational requirements. No person may operate or maintain a new or existing landfill that accepts residue produced by the burning of municipal solid waste except in conformance with all provisions of a municipal solid waste residue disposal plan approved under s. NR 514.07 (5) , the applicable portions of s. NR 506.07 and the following minimum requirements:

(a) Wind blown material shall be prevented.

(b) Cover soil shall be used during filling operations to restrict the exposed residue area of disposal to as small an area as practical. In no case may the exposed residue area be larger than 50 feet by 100 feet unless otherwise approved by the department.

(c) The residue shall be covered with a minimum of 6 inches of soil at the end of daily operations for each day residue was accepted unless an alternative method is approved by the department under par. (e) .

(d) Filled areas, other than the active residue disposal area, shall be covered with soil or a department approved soil substitute such as foundry sand.

(e) The department may approve alternatives to daily cover such as water or foam if it can be demonstrated that the residue will not become windblown.

(f) Equipment operators shall be provided with appropriate safety equipment, such as respirators.

(g) Only residue that has been tested in accordance with s. NR 502.13 (5) or (6) may be accepted.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; am. (1), (2) (intro.), (a), (b), (3) (intro.), (e), cr. (2) (c) to (e), Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (2) (c) and (3) (g) Register January 2006 No. 601 , eff. 2-1-06; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register December 2006 No. 612 .