Wis. Admin. Code NR § 502.06

Current through May 28, 2024
Section NR 502.06 - Collection and transportation services
(1) GENERAL.
(a) Owners and operators of solid waste collection and transportation services shall comply with s. NR 502.04.
(b) Unless exempt under sub. (2), no person may operate or maintain a collection or transportation service unless the person has obtained an operating license from the department.
(c) No person may transport or ship infectious waste or items mixed with infectious waste, unless the person complies with s. NR 526.10.

Note: Services for collection and transportation of asbestos waste are required to meet the minimum requirements of the applicable air management rules in chs. NR 400 to 499.

(2) EXEMPTIONS. The following collection or transportation services shall comply with the general requirements specified in s. NR 502.04, but are exempt from all other requirements of this chapter:
(a) Services for the collection and transportation of only gravel pit spoils, quarry materials, earth materials or salvageable materials other than those listed in s. 287.07(3) or (4), Stats.
(ag) Services for the collection and transportation of only waste electronic devices, or components derived from electronic devices, destined for reuse or recycling that comply with general operational requirements under sub. (4) (b), (d), (e), (f), and (g).

Note: A container that otherwise contains only waste electronic devices may contain de minimis amounts of packaging or contamination.

(am) Services for the collection and transportation of the materials listed under s. 287.07(3) and (4), Stats., or non-hazardous materials derived from electronic devices, after the materials have been processed for reuse or recycling by conversion into a consumer product or a product that is used as a raw material in a commercial or industrial process.
(ar) Services for the collection and transportation of the materials listed in s. 287.07(4), Stats., only from commercial, retail, industrial and governmental operations that comply with general operational requirements listed in sub. (4) (e), (eg) and (er).
(b) Services for the collection and transportation of only ordinary solid waste from a single household or solid waste amounting to less than 20 tons per year.
(c) Services for the collection and transportation of sludge from municipal wastewater or water supply treatment plants provided it is handled in accordance with ch. 283, Stats.
(d) Services for the collection and transportation of only waste materials regulated and licensed under s. 281.48, Stats.
(e) Governmental services consisting solely of vehicles used to collect and transport roadside litter from town, village, city, county, state and federal highway right-of-way. Litter shall be disposed of at a licensed disposal facility.
(f) Services for the collection and transportation of dredge material regulated by permit or contract under s. 30.20, Stats.
(g) Services for the collection and transportation of wastes generated by an industrial company which do not travel on public roads and which utilize vehicles owned by the company.
(h) Services for the collection and transportation of whey or waste materials from fruit or vegetable processing operations.
(i) Services for the transportation of infectious waste or items mixed with infectious waste in compliance with s. NR 526.10.
(j) Services for the collection and transportation of contaminated soil in compliance with ch. NR 718.
(k) Services for the collection and transportation of industrial byproducts in compliance with ch. NR 538.
(l) The operation of a vehicle owned or leased by the United States postal service or other parcel carrier service when solid waste constitutes an incidental portion of the carrier's business, if the solid waste is handled in accordance with all applicable state and federal regulations.
(3) OPERATIONAL REQUIREMENTS FOR TRANSPORTATION OF RESIDUE PRODUCED BY BURNING MUNICIPAL SOLID WASTE.
(a) No person may operate or maintain a collection and transport service for the transportation of residue produced by burning municipal solid waste except in accordance with the applicable provisions of this section, and the following special requirements:
(b) The residue shall contain sufficient moisture during transportation to prevent dust emissions. Alternative methods of dust control shall be approved by the department prior to implementation. Provisions shall be made to prevent the release of residue into air in the residue handling areas.
(c) Prior to transportation of the residue, free liquids shall be drained until no more free liquids remain. All vehicles that transport the residue shall be designed and operated as necessary to prevent leakage during operation.
(d) Access to the residue transport vehicles shall be restricted to authorized personnel only.
(e) All transportation vehicles shall be covered to adequately prevent spillage and wind blown residue during transport.
(4) GENERAL OPERATIONAL REQUIREMENTS. No person may operate or maintain a solid waste collection and transportation service except in accordance with the following minimum requirements:
(a) Each vehicle shall have "WDNR" followed by the license number lettered on the driver's door. The letters shall be at least 2 inches high with a minimum 1/2 inch brush stroke. The lettering shall contrast with the background so it is easy to read.
(b) Solid waste shall be transported only to facilities which are licensed or approved by the department, or to facilities which are exempt from regulation by the department.
(c) Vehicles or containers used for the collection and transportation of solid waste shall be durable, easy to clean and leak-proof, if necessary, considering the type of waste and its moisture content. All vehicles and containers shall be cleaned as frequently as necessary to prevent nuisances or insect breeding and shall be maintained in good repair.
(d) Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage. If spillage does occur, the operator shall immediately return spilled materials to the vehicle and shall properly clean the spill area. In the event of a spill of a hazardous substance the department shall be notified under s. 292.11, Stats., and the spill material shall be collected and the environment restored as provided in ch. NR 708.
(e) Services for the collection and transportation of recyclable materials listed in s. 287.07, Stats., and municipal solid wastes shall comply with the prohibitions on land disposal and incineration in s. 287.07, Stats.
(eg) Services for the collection and transportation of municipal solid wastes shall notify their clients of the need to comply with state and local laws requiring recycling. In this paragraph, "client" means the contracting entity or the entity that arranges for service provision in the case where there is no formal contract.
1. Notification for all clients except households in single family and 2 to 4 unit dwellings shall be written, and provided at the time of entering into a contract or otherwise arranging for collection and transportation services and annually thereafter.
2. Notification for all clients in single family and 2 to 4 unit dwellings shall be provided either at the time a client first arranges for collection and transportation services or in writing within 45 days of that time, and by written notice annually thereafter.
3. The service provider shall maintain documentation of this notification for the preceding calendar year.
(er) Unless otherwise specified by contract, a service for the collection and transportation of recycled materials specified in s. NR 544.04 (3) and (4) shall, within 4 weeks of a written request from a responsible unit, provide information regarding the amount of recyclable materials collected under contract with the responsible unit.
(f) Services for the collection and transportation of recyclable materials shall maintain the cleanliness of those materials for recycling purposes.
(g) Upon the request of the department, a service for the collection and transportation of recyclable materials shall provide satisfactory documentation to the department that the recyclable materials have been delivered to brokers, processors or end users of the materials. Records shall be retained for a period of 3 years from the time of delivery.
(h) The owner or operator shall provide written notice of termination of service to the department at least 30 days prior to ceasing all transport services for an extended period. The owner or operator shall provide information to the department concerning service areas and disposal facilities used as specified in the license renewal application.
(5) RESPONSIBILITY. A person generating solid waste shall be responsible for the collection and transportation of the waste to a solid waste disposal facility licensed by the department unless the person contracts with a collection and transportation service licensed by the department for that purpose.

Wis. Admin. Code Department of Natural Resources § NR 502.06

Cr. Register, January, 1988, No. 385, eff. 2-6-88; renum. (1) and (4) to (6) to be (1) (a) and (6) to (8), cr. (1) (b), (4) and (5), Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (a), cr. (2) (am) and (6) (e) to (g), Register, September, 1993, No. 453, eff. 10-1-93, cr. (1) (c), (2) (i), Register, October, 1994, No. 466, eff. 11-1-94; r. and recr. (1) (a), (b), cr. (2) (ar), (j), (4) (h), am. (2) (intro.), (am), (i), r. (3), (4), (7), renum. (5) and (6) to be (3) and (4), (8) to be (5) and am. (3) (a), Register, June, 1996, No. 486, eff. 7-1-96; am. (2) (b), Register, August, 1997, No. 500, eff. 9-1-97; cr. (2) (k), Register, December, 1997, No. 504, eff. 1-1-98; CR 04-113: am. (2) (ar) and (4) (e), cr. (4) (eg) and (er) Register June 2005 No. 594, eff. 7-1-05.
Amended by, CR 21-041: cr. (2) (ag), am. (2) (am), cr. (2) (L) Register June 2023 No. 810, eff. 7-1-23; correction in (4) (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2023 No. 810, eff. 7/1/2023