NR 538.10(6)(h)
(h) Measures shall be taken to limit blowing and tracking of the industrial byproduct during transportation to the construction site and placement in the embankment. Measures include keeping the industrial byproduct moist, and compacting it as soon as it is deposited in the fill area.
NR 538.10(6)(i)
(i) The department's field office responsible for the area in which the embankment is located shall be contacted at least one week prior to initiating construction of the clay liner so that arrangements can be made for inspecting the site.
NR 538.10(7)
(7) Clay capped and sidewalled transportation facility embankments constructed under the authority of the Wisconsin department of transportation, or a municipality, that meet the criteria in this subsection. Examples include linear roadway sound and sight barrier berm embankments, airport embankments and roadway bridge or overpass embankments. For projects using more than 100,000 cubic yards of industrial byproducts, or with a maximum thickness of industrial byproduct greater than 20 feet, department concurrence shall be obtained prior to initiating the project. The construction, documentation and monitoring of these embankments shall be as described under
sub. (6) (b) 2. to
(i) and as follows:
NR 538.10(7)(b)
(b) The embankment shall be covered on the top and sidewalls by 2 feet of recompacted clay compacted to a minimum of 95% standard dry Proctor density at a moisture content wet of optimum, based on the characteristics of the appropriate Proctor curve for the clay being placed. The sidewalls and top cover shall be a minimum of 2 feet thick. No liner is required.
NR 538.10(8)
(8) Unconfined geotechnical fill material used as fill material for sight, sound and structural berms, reclamation of nonmetallic mines, public recreational trails, construction of sporting venues, limited use parking areas, access lanes, utility trenches or other beneficial uses demonstrated to be acceptable by the department. Any area where industrial byproducts are beneficially used as unconfined geotechnical fill shall be sloped to prevent ponding of water, covered with 2 feet of native soils including topsoil, or other cover approved by the department, and seeded as soon as practical after placement of the industrial byproducts. Prior written notification in accordance with
s. NR 538.14 (4) and concurrence by the department are needed for all unconfined geotechnical fills. Concurrence by the department will be based on specific site conditions and good engineering practice. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. The beneficial use of industrial byproducts as an unconfined geotechnical fill is prohibited in residential areas.
NR 538.10(9)
(9) Unbonded surface course material used in accordance with the criteria of this subsection. This includes the use of industrial byproducts as a surface course material in unpaved driveways, parking areas and recreation or exercise trails. Industrial byproducts used as surface course shall conform to the requirements of Wisconsin department of transportation standard specifications for highway and structure construction applicable to base materials, and may be placed at a cumulative thickness of 6 inches or less and in areas separated by at least a 25 foot vegetated buffer to a navigable surface water. The use of industrial byproducts as unbonded surface course is prohibited in residential areas. If more than 1000 cubic yards of industrial byproducts or more than 6 inches are to be used in an individual surface course application, prior written notification in accordance with
s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.
NR 538.10(10)
(10) Bonded surface course material used in accordance with the criteria of this subsection. This use includes placement of industrial byproducts as a bonded surface course material such as seal coats in roads, driveways, parking areas and recreational or exercise trails. Industrial byproducts used as a bonded surface course shall conform to the Wisconsin department of transportation standard specifications for highway and structure construction applicable to asphaltic pavements. Within 48 hours of application of the industrial byproduct, the surface shall be rolled to thoroughly embed these materials into the asphaltic mastic. If more than 10,000 cubic yards of industrial byproducts are to be used in an individual bonded surface course application, prior written notification in accordance with
s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.
NR 538.10(11)
(11) Bonded surface course material used in accordance with the criteria of this subsection. This use includes placement of industrial byproducts as a bonded surface course material such as seal coats in paved federal, state or municipal roadways specified in
sub. (5) (c). Industrial byproducts used as a bonded surface course shall conform to the Wisconsin department of transportation standard specifications for highway and structure construction applicable to asphaltic pavements. Within 48 hours of application of the industrial byproduct, the surface shall be rolled to thoroughly embed these materials into the asphaltic mastic. If more than 10,000 cubic yards of industrial byproducts are to be used in an individual bonded surface course application, prior written notification in accordance with
s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. The use of industrial byproducts as seal coats is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section.
NR 538.10(12)
(12) Decorative stone applications using industrial byproducts shall conform to Wisconsin department of transportation specifications for highway and structure construction applicable to base aggregates.
NR 538.10(13)
(13) Winter weather road abrasive on roadways with a rural cross-section, including areas with incidental sections of curb and gutter. The winter road abrasives using industrial byproducts, wholly or as part of a mixture of abrasives, shall meet Wisconsin department of transportation gradation and application rate recommendations for winter highway maintenance contained in the state highway maintenance manual.
NR 538.10 Note
Note: Copies of Wisconsin department of transportation specifications for highway and structure construction, and state highway maintenance manual can be obtained from the Department of Natural Resources, Bureau of Waste Management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921. Copies are also available for inspection at the offices of the Legislative Reference Bureau and the Secretary of State.
NR 538.10 Note
Note: Under s.
30.2022, Stats., highway and bridge projects affecting the waters of the state that are carried out under the direction and supervision of the department of transportation are exempt from department permit or approval requirements if accomplished in accordance with interdepartmental liaison procedures established by the Department of Natural Resources and the department of transportation.
NR 538.10 History
History: Cr.
Register, December, 1997, No. 504, eff. 1-1-98;
CR 05-020: am. (5) (a) to (d), (f), (7) (b), (8) to (10), renum. (11) and (12) to be (12) and (13) and am., cr. (5) (h), (i) and (11)
Register January 2006 No. 601, eff. 2-1-06.
NR 538.12
NR 538.12
Beneficial uses for specific categories of industrial byproducts. NR 538.12(1)
(1) Persons who beneficially use category 1 to 5 industrial byproducts in accordance with this section are exempt from licensing under s.
289.31, Stats., and the regulatory requirements under
chs. NR 500 to
538.
NR 538.12(2)(a)(a) All uses shall comply with the performance standards under
s. NR 538.04 and the applicable criteria in this section.
NR 538.12(2)(b)
(b) Materials that are not category 1 industrial byproducts and that are utilized for any of the uses under
s. NR 538.10 (5) to
(13) may not be placed below the water table, into permanent standing water or areas that need to be dewatered prior to placement. For those beneficial uses listed in
s. NR 538.10 (5) (a) and
(b) that exceed 5000 cubic yards, there shall be a minimum separation distance of 3 feet between the industrial byproducts and the groundwater table at the time the material is placed. Prior written notification in accordance with
s. NR 538.14 (4) and concurrence by the department are needed for separation distances less than 5 feet. Concurrence by the department will be based on specific site conditions and good engineering practice. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.
NR 538.12(2)(br)
(br) Materials that are not category 1 industrial byproducts and used for the beneficial uses listed in
s. NR 538.10 (5) (a) and
(b) and exceed 5000 cubic yards shall be placed no closer than 200 feet from a private or public water well without the written consent of the property owners located within this separation distance. A consent form shall be provided by the department.
NR 538.12(2)(c)
(c) All uses shall meet all applicable structural and physical specification and generally accepted engineering practices for the use.
NR 538.12(2)(e)
(e) All beneficial use projects shall be conducted in a manner to minimize windblown dust, odor, tracking and spillage of the industrial byproduct and not to cause nuisance conditions or environmental pollution as defined under s.
289.01 (8), Stats.
NR 538.12 Note
Note: ACI 229R-94 is the american concrete institute report "Controlled Low Strength Materials." Copies of this report can be obtained from the American concrete institute, P.O. Box 19150, Detroit, Michigan 48219-0150. Copies of this report are also available for inspection at the offices of the Department of Natural Resources, Bureau of Waste Management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921. Copies are available for inspection at the offices of the Legislative Reference Bureau and the Secretary of State.
NR 538.12(3)
(3) Uses for category 1 industrial byproducts. Category 1 industrial byproducts may be utilized for any beneficial uses described under
s. NR 538.10 (1) to
(13), or other beneficial uses which conform with the exposure assumptions listed in
s. NR 720.19 (5) (c) 1. a. and
2. a. Category 1 industrial byproducts are exempt from the notification requirements under
s. NR 538.14 (4), the environmental monitoring requirements under
s. NR 538.20 and the property owner notification requirements under
s. NR 538.22.
NR 538.12(4)
(4) Uses for category 2 industrial byproducts. Category 2 industrial byproducts may be used for any of the beneficial uses described under
s. NR 538.10 (1) to
(13).
NR 538.12(5)
(5) Uses for category 3 industrial byproducts. Category 3 industrial byproducts may be used for any of the beneficial uses described under
s. NR 538.10 (1) to
(8) and
(11).
NR 538.12(6)
(6) Uses for category 4 industrial byproducts. Category 4 industrial byproducts may be used for any of the beneficial uses described under
s. NR 538.10 (1) to
(6).
NR 538.12(7)
(7) Uses for category 5 industrial byproducts. Category 5 industrial byproducts may be used for any of the beneficial uses described under
s. NR 538.10 (1) to
(4).
NR 538.12 History
History: Cr.
Register, December, 1997, No. 504, eff. 1-1-98;
CR 05-020: am. (2) (b), r. (2) (d), cr. (2) (br)
Register January 2006 No. 601, eff. 2-1-06; correction in (3), (4) and (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2006 No. 605; correction in (1) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 538.14(1)(1)
Initial certification. Prior to beneficial use of industrial byproducts under this chapter, or the establishment of a storage facility as required under
s. NR 538.16 (1) (c), each generator, storage facility operator, or their designee shall submit an initial certification form to the department that contains the information listed below. An initial certification form shall be submitted prior to beneficial use in accordance with this chapter for any industrial byproducts not previously classified, for any industrial byproduct for which the classification has changed or for the establishment of a storage facility for industrial byproducts. The initial certification form shall include the following information:
NR 538.14(1)(a)
(a) Name and address of generator or storage facility operator.
NR 538.14(1)(b)
(b) Name, address and telephone number of designated generator or storage facility operator contact.
NR 538.14(1)(c)
(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process that generated it and an estimate of the volume that could be made available for beneficial use on an annual basis.
NR 538.14(1)(d)
(d) The classification of each industrial byproduct to be beneficially used or stored for beneficial use in accordance with
s. NR 538.08. Documentation, including test results supporting the classification, shall be included. Storage facilities may provide the name and address of the generators of the industrial byproducts to be stored as an alternative to this documentation.
NR 538.14(1)(e)
(e) Authorization for Wisconsin department of natural resources staff to conduct inspections of the facilities generating industrial byproducts being beneficially used under this chapter or storage facilities for these industrial byproducts, and collect samples to verify compliance with this chapter.
NR 538.14(1)(f)
(f) Certification by each generator, storage facility operator or their designee, that the information on the form is true and accurate, and that the performance standards of
s. NR 538.04 will be met.
NR 538.14 Note
Note: Copies of this form may be obtained from the Department of Natural Resources, Bureau of Waste Management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
NR 538.14(2)
(2) Annual certification. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a storage facility for industrial byproducts as required under
s. NR 538.16 (1) (c), or their designee, shall submit an annual certification, on a form supplied by the department, that documents the amount of material beneficially used in each category in the previous calendar year and confirms the proper classification of each industrial byproduct. The certification form shall be submitted no later than April 1 of the year following the reporting period. The annual certification form shall include the following information:
NR 538.14(2)(a)
(a) Name and address of generator or storage facility operator.
NR 538.14(2)(b)
(b) Name, address and telephone number of the designated generator or storage facility operator contact.
NR 538.14(2)(c)
(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process that generated it and an estimate of the volume that could be made available for beneficial use on an annual basis.
NR 538.14(2)(d)
(d) The volume of each industrial byproduct that was beneficially used, or the change in the volume stored, during the reporting period, identified by category.
NR 538.14(2)(e)
(e) The classification of each industrial byproduct in accordance with
s. NR 538.08. Documentation of any recharacterization test results required under
s. NR 538.06 (4) shall be included. Storage facilities may provide the name and address of the generators of the industrial byproducts to be stored as an alternative this documentation.
NR 538.14(2)(f)
(f) A summary of any problems or obstacles encountered in the beneficial use of the industrial byproducts and the actions taken in response to these concerns.
NR 538.14(2)(h)
(h) The environmental monitoring data collected for beneficial use projects in accordance with
s. NR 538.20.
NR 538.14(2)(i)
(i) Certification by the generator, storage facility operator or their designee, that the information on the form is true and accurate, and that the performance standards of
s. NR 538.04 have been met.
NR 538.14 Note
Note: Copies of this form may be obtained from the Department of Natural Resources, Bureau of Waste Management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
NR 538.14(3)
(3) Exemption. Subsection (2) does not apply if the volume of the generator's industrial byproducts beneficially used, or stored for future use, during the reporting period was less than 1000 cubic yards.
NR 538.14(4)
(4) Notification. Each industrial byproduct generator or a person designated by the generator, such as a broker, shall submit written notification to the department prior to initiating a project, where required in
s. NR 538.10 (5),
(8),
(9),
(10) or
(11). The following information shall be included in the notification:
NR 538.14(4)(a)
(a) The name, address and phone number of the contact for the project.
NR 538.14(4)(c)
(c) The approximate volume of industrial byproduct anticipated to be used in the project.
NR 538.14(4)(e)
(e) Identification of the industrial byproduct or byproducts to be used and the category of these materials.
NR 538.14(4)(f)
(f) For those beneficial uses listed in
s. NR 538.10 (5) (a) and
(b) that exceed 5000 cubic yards, the method and the data used to determine the groundwater separation distance.
NR 538.14(5)
(5) Record keeping. The generator of an industrial byproduct or their designee, shall maintain records of where their industrial byproduct has been utilized under this chapter for one or more of the beneficial uses described under
s. NR 538.10 (5) to
(8). These records shall be maintained and be accessible to department staff upon request, for 5 years after the use of the industrial byproduct.
NR 538.14 History
History: Cr.
Register, December, 1997, No. 504, eff. 1-1-98;
CR 05-020: am. (4) (intro.), cr. (4) (f)
Register January 2006 No. 601, eff. 2-1-06.
NR 538.16
NR 538.16
Storage and transportation requirements. NR 538.16(1)(1)
Storage. Storage of industrial byproducts for beneficial use shall meet the performance standards listed in
s. NR 538.04. These storage facilities shall also meet the criteria in this subsection unless exempt under
par. (a).
NR 538.16(1)(a)
(a) The following industrial byproduct storage facilities are exempt from the requirements of this subsection:
NR 538.16(1)(a)1.
1. Facilities for the storage of industrial byproduct within enclosed structures such as buildings, silos or green boxes.
NR 538.16(1)(a)2.
2. Facilities for the storage of industrial byproducts within a lined area at a licensed engineered landfill that is owned or operated by the user, generator of the byproduct or a person designated by the generator, such as a broker.
NR 538.16(1)(a)3.
3. Facilities for the storage of only category 1 industrial byproducts.
NR 538.16(1)(a)4.
4. Facilities for the storage of category 2 or 3 industrial byproducts that are used for industrial byproduct storage for less than 2 years. These facilities shall provide to the department notice of the storage location, the date on which the storage of materials began, and the total volume stored.
NR 538.16(1)(a)5.
5. Facilities for which the department issues an exemption on a case specific basis.
NR 538.16(1)(b)
(b) Storage of industrial byproducts not exempt under
par. (a) shall meet all of the following design and operational criteria:
NR 538.16(1)(b)1.
1. The storage area shall incorporate a lined low-permeability, asphalt, concrete, or clay pad and be surrounded by curbs or berms to control surface water run-on and run-off. If a clay pad is used, it shall include protective material over the clay.
NR 538.16(1)(b)2.
2. Means shall be provided for collecting, containing and treating the volume of run-off expected to come in contact with the stored material as a result of the 25-year, 24-hour storm event. Water contact with the stored material shall be minimized, such as by covering with a tarp, where practical.
NR 538.16(1)(b)3.
3. A setback shall be maintained between the stored materials and the edge of the pad to prevent spillage of materials off the pad and allow for vehicle movement completely around stored material.
NR 538.16(1)(c)
(c) The operators of storage facilities not exempt under
par. (a) shall provide the department an initial and annual certification in accordance with
s. NR 538.14, include a summary of storage facility performance, problems and maintenance in the annual certification under
s. NR 538.14 (2) (g).
NR 538.16(1)(d)
(d) Closure of an industrial byproduct storage facility shall include provisions to remove all visible residues from the storage area.
NR 538.16 Note
Note: The discharge of stormwater is regulated under ch.
NR 216.
NR 538.16(2)
(2) Transportation. Vehicles used to transport industrial byproducts intended for beneficial use shall meet both of the following criteria:
NR 538.16(2)(a)
(a) Vehicles or containers used to transport industrial byproducts shall be durable and leak-proof. Vehicles and containers shall be repaired on an as needed basis to prevent nuisance conditions from occurring.
NR 538.16(2)(b)
(b) Vehicles or containers used to transport industrial byproducts shall be loaded and hauled in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage as necessary. Any spilled industrial byproducts shall be properly recovered.
NR 538.16 Note
Note: Storage and transportation of industrial byproduct in accordance with this chapter is exempt from the storage and transportation requirements of ch.
NR 502 as specified in ss.
NR 502.05 (3) (i) and
502.06 (2) (k).
NR 538.16 History
History: Cr.
Register, December, 1997, No. 504, eff. 1-1-98;
CR 05-020: am. (1) (a) 4.
Register January 2006 No. 601, eff. 2-1-06.
NR 538.18(1)
(1)
Notification. Except as provided in
sub. (2), no person may initiate a beneficial use project where the volume of the industrial byproduct to be used is greater than 30,000 cubic yards, or construct or operate a storage facility with a design capacity greater than 30,000 cubic yards, prior to the person giving notice to the affected public and providing for adequate public participation. Unless other forms of public notification and involvement are approved by the department, the notice and public participation process provided by the person intending to initiate a beneficial use project or storage facility shall include, at a minimum, the following:
NR 538.18(1)(a)
(a) Placing a public notice in the local newspaper at least 30 business days prior to initiating an industrial byproduct beneficial use project or storage facility, specifying the nature of the beneficial use project or storage facility, including the type and amount of the material to be used or stored, how and where the material will be used, the time frame of the project or storage facility operation, that the person intending to initiate the beneficial use project or storage facility may hold a public informational meeting, and a contact person for the public to request a meeting.
NR 538.18(1)(b)
(b) Holding a public informational meeting, if requested by the public, at which details of the project can be discussed. Department staff may participate in the meeting.
NR 538.18(2)(a)(a) The following beneficial use projects are exempt from the public participation requirements under this section:
NR 538.18(2)(a)2.
2. Wisconsin department of transportation beneficial use projects that were addressed in the department of transportation's environmental review process.
