NR 500.08(3m)(e)1.1. The start of the 10-year maximum active period of the disposal facility begins upon initial disposal of dredged material onsite. NR 500.08(3m)(e)2.2. The owner of the disposal facility shall submit the dates of initial and all subsequent disposal of dredged material in the disposal facility, sample analytical data collected for each source location under par. (n), and the volume of dredged material during each disposal event to the department within 30 days of each disposal event. NR 500.08(3m)(e)3.3. The owner of the disposal facility shall submit a new application prior to any changes in facility location, boundaries, or design, or changes in the intended use of the dredged material. NR 500.08(3m)(e)4.4. There is not a material adverse change in the contamination of the dredged material that would be disposed of at the facility and there is not a material change in the intended use of the dredged material. NR 500.08(3m)(f)(f) The owner of the disposal facility shall confine the disposal area to as limited a geographic area as is practicable and maintain a minimum separation distance of 1,300 feet from any other disposal facility approved under this subsection. NR 500.08(3m)(g)(g) The owner of the disposal facility shall maintain records of the description and volume of all material disposed of at the facility and dates of all disposal events. These records shall be maintained and made accessible to department staff upon request for 15 years after the initial disposal of dredged material in the facility. NR 500.08(3m)(h)(h) The owner of the disposal facility shall determine the contaminant characteristics of the dredged material prior to disposal by conducting sampling and analysis as required under par. (n). NR 500.08(3m)(i)(i) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the owner of the disposal facility shall maintain a minimum separation distance of 3 feet between the dredged material and the seasonal high groundwater table at the time of placement. NR 500.08(3m)(j)(j) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material or unless the dredged material is used as fill underneath an impermeable structure or surface, the owner of the disposal facility shall place final cover over the waste within 90 days after the 10-year period under par. (e) or attainment of 35,000 cubic yards in volume, whichever is first, in accordance with all of the following: NR 500.08(3m)(j)1.1. The cover shall consist of a minimum of one foot of native soil that includes a minimum of 6 inches of topsoil to support vegetation. The proposed vegetation shall be appropriate for the type and quality of topsoil, be compatible with both native vegetation and the final use, and be capable of providing stability and preventing erosion of the cover soils and dredged material. NR 500.08(3m)(j)2.2. Final vegetated slopes may not be steeper than a 3:1 horizontal to vertical incline. NR 500.08(3m)(k)(k) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility shall be operated and maintained to minimize dust, minimize off-site tracking of soil or dredged material, and manage storm water runoff as required under chs. NR 151 and 216. An interim cover capable of preventing erosion, windblown dust, and direct contact with the dredged material shall be placed over the dredged material in any areas that do not have final cover and are anticipated to be inactive for more than 90 days. NR 500.08(3m)(L)(L) At least 60 days prior to beginning disposal under this exemption the municipality or county or the contractor for the municipality or county shall submit an application on a form provided by the department requesting an exemption under this section. At a minimum, the form shall include all of the following information: NR 500.08(3m)(L)1.1. Address or location by quarter – quarter section of the disposal site or sites. NR 500.08(3m)(L)2.2. Name, address, and contact information of the primary contacts including the proposed disposal facility owner and any consultants. NR 500.08(3m)(L)6.6. Dates when dredged material is first to be received at the disposal location or locations. NR 500.08(3m)(L)7.7. Approximate total volume of material to be disposed, description of the dredged material, and description of source location. NR 500.08(3m)(L)9.9. Documentation of all other local, state, or federal approvals received for the dredging and disposal. NR 500.08(3m)(L)10.10. The available laboratory analytical data for samples collected from the dredged material to determine environmental impact in accordance with par. (n). NR 500.08 NoteNote: An application form for requesting an exemption under this section may be obtained from the Department of Natural Resources, Waste and Materials Management Program, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, DNRWasteManagement@wisconsin.gov. NR 500.08(3m)(m)(m) If the application under par. (L) is not complete or any of the requirements are not met, the department shall issue a written objection to the application with an explanation. If the department does not provide a written objection to the application within 30 days of receipt of application and fees by the department, the applicant may proceed under this exemption. After an objection, an applicant may resubmit a revised application that addresses the explanation for objection by the department. NR 500.08(3m)(n)(n) The applicant shall take samples and analyze the dredged material prior to disposal in accordance with all of the following: NR 500.08(3m)(n)1.1. Sampling, sample handling, and sample analysis to demonstrate compliance with this section shall be performed in accordance with methods from applicable sources enumerated under ch. NR 149. NR 500.08(3m)(n)3.3. If previous sampling data or other available information indicate the possibility of contamination by chemicals not listed in Table 3, the department may require analysis for those chemicals. NR 500.08(3m)(n)4.4. The laboratory analytical data for samples collected from the dredged material shall include tables summarizing the analytical data and copies of the laboratory analytical data sheets for all analyses, a map of the project area showing the specific locations of sediment sampling sites, and the name and address of the laboratory that performed the tests. All testing and quality control procedures shall be described and analytical methods, detection limits, and quantification limits shall be identified. NR 500.08(3m)(n)5.5. The applicant shall collect the appropriate number of samples from the dredged material capable of yielding data that accurately represent the contaminant characteristics of the material in accordance with all of the following: NR 500.08(3m)(n)5.a.a. Laboratory analytical data from the dredged material source location may not be more than 5 years old from the date of application submittal. NR 500.08(3m)(n)5.b.b. At a minimum, the applicant shall follow Table 1 sampling requirements if sampling is conducted prior to removal of the dredged material from its source. NR 500.08(3m)(n)5.c.c. At a minimum, the applicant shall follow Table 2 sampling requirements if sampling is conducted after removal of the dredged material from its source. NR 500.08(3m)(n)5.d.d. At a minimum, all samples shall be analyzed and reported as total concentration in milligrams/kilogram dry weight for the parameters listed in Table 3. Sample collection and evaluation shall be performed by or under the supervision of an environmental professional. NR 500.08 NoteNote: As defined under s. NR 528.03 (7), “environmental professional” means a professional engineer registered pursuant to s. 443.04, Stats., or a professional soil scientist, geologist or hydrologist licensed under ch. 470, Stats. Table 1
SAMPLING REQUIREMENTS WHEN CONDUCTED
PRIOR TO REMOVAL OF THE DREDGED MATERIAL
FROM ITS SOURCE
1At least one sample from each distinct layer or strata observed in each core of the material to be dredged, or if no strata formation exists, then at least 2 samples from each core shall be analyzed for the required chemicals and characteristics. Distinct layers or strata may be identified by differences in grain size, color, texture, and content such as organic matter, sands, and silts along the length of the core.
Table 2
SAMPLING REQUIREMENTS WHEN CONDUCTED AFTER REMOVAL OF THE DREDGED MATERIAL FROM ITS SOURCE
Table 3
ANALYSES TO BE PERFORMED ON SAMPLES
NR 500.08(3m)(o)(o) The owner of a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material shall also comply with all of the following: NR 500.08(4)(4) Exemptions from solid waste rules. Exemptions from the requirements of chs. NR 500 to 538 may be granted in writing by the department in special cases except as otherwise provided. A person may apply for an exemption by providing the department with a written request along with the appropriate documentation that demonstrates that the proposal will not cause environmental pollution as defined under s. 299.01 (4), Stats. The department shall take into account such factors as the population of the area being served, the amount of waste being generated, the geologic and hydrogeologic conditions at the facility, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste, and any other information that may be appropriate. The department shall review and make a written determination on the exemption request within 65 business days after receipt of a complete request and the appropriate review fee under ch. NR 520 unless a different time period is provided by law. An exemption may not be granted if it will result in noncompliance with the minimum federal requirements under Subtitle D. NR 500.08(5)(a)(a) The department may grant exemptions from the requirements of ch. 289, Stats., for the purpose of allowing or encouraging the recycling of solid wastes. Any exemptions granted under this section shall be issued in writing in accordance with the requirements of s. 289.43, Stats. NR 500.08(5)(b)(b) Facilities where wood ash is stored, handled, transported or landspread provided either of the following is met: NR 500.08(5)(b)1.1. Wood ash is derived from the combustion of untreated wood with no additives, preservatives or other alterations other than kiln drying from generators who produce 10 dry tons or less of ash per year and is managed in a nuisance free manner. NR 500.08(6)(6) Remediation action exemption. The following facilities are exempt from solid waste program regulatory requirements under ch. 289, Stats., and chs. NR 500 to 538: NR 500.08(6)(a)(a) Facilities for the treatment, storage or disposal of solid waste which is excavated for the primary purpose of conducting a site investigation or implementing an interim or remedial action in compliance with the requirements of chs. NR 700 to 726 and which is returned to the same property from which it was excavated in compliance with the requirements of ch. NR 718; and NR 500.08(6)(b)(b) Facilities for the treatment, storage or disposal of excavated contaminated soil which are operated in compliance with the requirements of ch. NR 718. NR 500.08 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; cr. (6), Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (intro.), (2), (3) (intro.), (4) and (5), cr. (2) (d), (e), (f) and (3) and (5) (c), r. (3) (a), renum. (3) (b) to be (3) (a), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (intro.), (2) (intro.), (3) (intro.), (4), (6) (intro.), r. (5) (b) and renum. (5) (c) to be (5) (b), Register, December, 1997, No. 504, eff. 1-1-98; am. (3) (a), Register, September, 1998, No. 513, eff. 10-1-98; CR 05-020: am. (2) (a) Register January 2006 No. 601, eff. 2-1-06; CR 21-076: am. (4) Register July 2022 No. 799, eff. 8-1-22; EmR2302: emerg. am. (3) (a), cr. (3m), eff. 1-12-23; CR 23-002: am. (3) (a), cr. (3m) Register January 2024 No. 817, eff. 2-1-24; correction in (3m) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2024 No. 817. NR 500.09NR 500.09 Construction inspection. The department may require as a condition of a grant of exemption, the approval of a feasibility report, plan of operation, groundwater monitoring plan, closure plan, site investigation report and remedial action options report or a modification to any approval that critical construction steps of a facility, as specified in the approval, be inspected by the department. The applicant shall pay an inspection fee as specified in s. NR 520.04 (5). NR 500.09 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am., Register, June, 1996, No. 486, eff. 7-1-96. NR 500.10NR 500.10 Exemption for use of municipal solid waste as a fuel. The department may grant exemptions in writing from any of the requirements of chs. NR 500 to 538 for municipal solid waste combustors and any other solid waste facilities which manage the residue from municipal solid waste combustors. The department also may issue an approval for solid waste which has been processed into a fuel for a municipal solid waste combustor which exempts the combustor and any facility which manages the combustor residue from regulation under chs. NR 500 to 538. Such exemptions may be granted under this section. The department shall consider the following criteria in determining whether an exemption shall be granted under this section: NR 500.10(2)(2) The variability of the waste to be used as fuel. NR 500.10(3)(3) The physical and chemical properties of the waste to be used as fuel. NR 500.10(4)(4) The quantity of the waste to be used as fuel. NR 500.10(5)(5) The percentage of the total fuel mix contributed by the municipal solid waste. NR 500.10(6)(6) The physical and chemical properties of the residue. NR 500.10 HistoryHistory: Cr. Register, May, 1992, No. 437, eff. 6-1-92; correction made under s. 13.93 (2m) (b) 1., Stats., Register, May, 1995, No. 473; am. (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (intro.), Register, December, 1997, No. 504, eff. 1-1-98. NR 500.11NR 500.11 Enforcement. If the department has reason to believe that a violation of the requirements of ch. 289, Stats., or chs. NR 500 to 538 has occurred, it may take enforcement action as authorized under subch. VIII of ch. 289, Stats., or as authorized in applicable enforcement provisions for landfill and solid waste disposal program requirements in chs. NR 500 to 538. NR 500.11 HistoryHistory: CR 05-020: cr. Register January 2006 No. 601, eff. 2-1-06.
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