Chapter Trans 277

Chapter Trans 277

HIGHWAY SALT STORAGE REQUIREMENTS

Trans 277.01   Statutory authority.

Trans 277.02   Definitions.

Trans 277.03   Applicability.

Trans 277.04   Storage practices and facilities.

Trans 277.05   Required reports and records.

Trans 277.06   Department inspections.

Trans 277.07   Points of standards application.

Trans 277.08   Department responses.

Trans 277.09   Rule review.

Trans 277.10   Public participation.

Trans 277.11   Department determinations.

Trans 277.12   Effective date.

Trans 277.01 Trans 277.01 Statutory authority. The purpose of this chapter is to implement and interpret s. 85.17, Stats., as authorized by ss. 85.17 (3) and (5) (d), 160.19 (1) and (2), 160.21 (1), (2) (intro.) and (b), (3) and (4), 160.23, 160.25, 160.26, 160.27 (2) (d), 160.33 and 227.11, Stats.

Trans 277.01 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384.

Trans 277.02 Trans 277.02 Definitions. In this chapter:

Trans 277.02(1) (1) “Chloride” means sodium chloride (NaCl) or calcium chloride (CaCl2).

Trans 277.02(2) (2) “Department” means the Wisconsin department of transportation.

Trans 277.02(3) (3) “Distribute” means to import, consign, sell, offer for sale, solicit orders for sale, deliver or otherwise supply highway salt, or bulk quantities of a chloride otherwise suitable for application to highways whether for use or resale.

Trans 277.02(4) (4) “Enforcement standard” has the meaning specified under s. 160.01 (2), Stats.

Trans 277.02 Note Note: See also ch. NR 140, Wis. Adm. Code for specific standards adopted.

Trans 277.02(5) (5) “Highways” means all ways and thoroughfares and bridges on the same and any streets, alleys, driveways, parking areas, state trunk highways, county trunk highways, town roads, national parkways, expressways, interstate highways, freeways and roadways commonly used for vehicular traffic, whether public or private.

Trans 277.02(6) (6) “Highway salt” means bulk quantities of sodium chloride or calcium chloride intended for application to highways and includes mixtures of sand and sodium chloride or calcium chloride in any proportion. If any portion of a bulk quantity of sodium chloride, calcium chloride or chloride-and-sand mixture is intended for application to highways, then the entire bulk quantity is highway salt for the purposes of this chapter. Liquid calcium chloride is not included in this definition. “Bulk quantity” of a chloride means 1000 avoirdupois pounds or more of a chloride distributed in unpackaged form but does not include any chloride in a solid form, including granules, which is packaged in bags or other units which do not exceed 100 avoirdupois pounds (45 kg.) each. Any chloride which is distributed in the form of a solid block weighing at least 50 avoirdupois pounds is packaged, for purposes of this chapter, while in block form. “Bulk quantities of a chloride” includes all such chlorides, not expressly excepted, which are stored for the purpose of subsequent application upon highways, whether by the person storing the highway salt or by others, and includes bulk quantities of such chlorides which are suitable for application to highways, and stored by a person who distributes or manufactures highway salt, whether for the person’s own use or to distribute to others.

Trans 277.02(7) (7) “Liquid calcium chloride” means a fluid which is an aqueous solution of calcium chloride, in any concentration, intended a) for application to highway salt to increase its effectiveness at lower temperatures, or b) for direct application to highways.

Trans 277.02(8) (8) “Manufacture” means to process, granulate, compound, produce, mix or alter the composition of highway salt, including adding liquid calcium chloride to highway salt.

Trans 277.02(9) (9) “Monitoring agency” means the department of natural resources.

Trans 277.02(10) (10) “Person” means any natural person, partnership, corporation, business entity or governmental body.

Trans 277.02(11) (11) “Point of standards application” has the meaning specified under s. 160.01 (5), Stats.

Trans 277.02(12) (12) “Preventive action limit” has the meaning specified under s. 160.01 (6), Stats.

Trans 277.02 Note Note: See also ch. NR 140, Wis. Adm. Code for specific standards adopted.

Trans 277.02(13) (13) “Secretary” means the secretary of the Wisconsin department of transportation.

Trans 277.02(14) (14) “Store” means to store, stockpile or otherwise own, possess or control highway salt including storage incidental to manufacture, distribution or use, but does not include the transportation of highway salt or applying a substance regulated by the department to highways.

Trans 277.02(15) (15) “Storage facility” means the site where a person stores a substance regulated by the department, enclosed by boundaries at the outermost edges of either the structures required by s. Trans 277.04 (3) (a) and (b), or other existing physical container of the substance, or, in the absence of a structure or other container,“storage facility” means the area enclosed by a boundary at the actual circumference of a highway salt stockpile.

Trans 277.02(16) (16) “Substance regulated by the department” means sodium chloride or calcium chloride from highway salt and calcium chloride from liquid calcium chloride.

Trans 277.02(17) (17) “Surface water” means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, marshes, water-courses and drainage systems, whether natural or artificial, public or private, excluding subsurface sewer systems.

Trans 277.02(18) (18) “Use” means to apply highway salt to highways.

Trans 277.02(19) (19) “Waters of the state” has the meaning specified under s. 281.01 (18), Stats., and specifically includes groundwater as defined by s. 160.01 (4), Stats.

Trans 277.02 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86; correction in (19) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (6) Register July 2023 No. 811, eff. 8-1-23.

Trans 277.03 Trans 277.03 Applicability. This chapter shall apply to any person who stores highway salt or liquid calcium chloride within the boundaries or jurisdiction of this state in the course of manufacturing, distributing or using highway salt or liquid calcium chloride. This chapter does not restrict the actual use of highway salt or liquid calcium chloride on highways.

Trans 277.03 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86;.

Trans 277.04 Trans 277.04 Storage practices and facilities.

Trans 277.04(1) (1) Highway salt storage restrictions. A person who stores highway salt within the boundaries or jurisdiction of this state or who manufactures, distributes or uses highway salt, shall exercise all reasonable precautions to prevent the entry of highway salt, or any substance regulated by the department, from the storage facility into the waters of the state.

Trans 277.04(2) (2) Responsibility for compliance. A person who stores highway salt shall construct, inspect and maintain each of the person’s storage facilities as necessary to assure compliance with this chapter. When more than one person stores highway salt, including when one person owns the highway salt stored at a storage facility owned or operated by another person, the department may require the compliance of, and issue compliance directives and special orders to, such person or persons as the department determines to be reasonable or necessary to obtain compliance with this chapter.

Trans 277.04(3) (3) Storage facility requirements.

Trans 277.04(3)(a) (a) All highway salt shall be stored on a base which is both constructed and maintained to be impermeable, so as to prevent a substance regulated by the department, including solutions or combinations containing such substance, from passing through the base and reaching the waters of the state.

Trans 277.04(3)(a)1. 1. The storage facility shall be designed, constructed and maintained to divert any runoff from the terrain surrounding the storage facility to prevent any contact between the runoff and highway salt at the storage facility.

Trans 277.04(3)(a)2. 2. The base of the storage facility required by this subsection shall be designed, constructed and maintained to drain into, or function as, a holding basin of sufficient capacity to contain all precipitation which may reasonably be expected to come into contact with uncovered highway salt, and to prevent any runoff into the waters of the state of brine resulting from the combination of such precipitation and highway salt. Except as expressly allowed by a permit issued under ch. 283, Stats., brine collected in the holding basin may not be discharged onto the terrain surrounding the storage facility.

Trans 277.04 Note Note: Brine from the holding basin may be discharged into a municipal sewage system with surface water discharge, or directly discharged into surface water, after a permit is obtained from the department of natural resources under ch. 283, Stats.

Trans 277.04(3)(b) (b) All highway salt, except as specifically exempted, shall be covered by a building or structure with walls and a roof sufficient to prevent contact between precipitation and the highway salt and to prevent wind from eroding the highway salt or carrying any amount of a substance regulated by the department into potential contact with the waters of the state. Highway salt which is stored in a covered pile shall be deemed to meet the requirements of this paragraph if the covering:

Trans 277.04(3)(b)1. 1. Is an impermeable or water-resistant covering such as a tarp or plastic sheeting;

Trans 277.04(3)(b)2. 2. Is secured against wind with weights or tie-downs, such as ropes, cables or wire-mesh, or both:

Trans 277.04(3)(b)3. 3. Is sealed at any seams by means which render the seams watertight;

Trans 277.04(3)(b)4. 4. Completely covers the entire pile of stored highway salt;

Trans 277.04(3)(b)5. 5. Is opened only at a working face, which is:

Trans 277.04(3)(b)5.a. a. Uncovered only while highway salt is actually being removed; and

Trans 277.04(3)(b)5.b. b. Open only to the minimum dimensions reasonably necessary;

Trans 277.04(3)(b)6. 6. Is regularly inspected, repaired and otherwise maintained by the person storing the highway salt so as to continue to possess all of the qualities required by this paragraph.

Trans 277.04(3)(c) (c) Highway salt which is a mixture of a chloride and sand in which the untreated sand alone is 95% or more, by weight, of the total weight of the highway salt and which is covered from April 1 to October 1 by a cover meeting the requirements of par. (b), is exempt from the other requirements of this subsection.

Trans 277.04(4) (4) Prohibited locations. Highway salt may not be stored in a location where the lateral distance between any portion of the storage facility and any lake or stream is 50 feet or less.

Trans 277.04 Note Note: Chs. NR 115 and 116 Wis. Adm. Code, or local zoning ordinances may also restrict the location of highway salt storage facilities.

Trans 277.04(5) (5) Discontinuance of storage.

Trans 277.04(5)(a) (a) Except when sold or leased for the express purpose of storing highway salt, no storage facility may be sold, leased or abandoned unless the person storing salt at the storage facility has first removed all highway salt and highway salt residue and any substance regulated by the department, or otherwise placed the storage facility in a condition such that, without any further maintenance, no highway salt residue or substance regulated by the department will enter the waters of the state from the facility.

Trans 277.04(5)(b) (b) When a person discontinues storage of highway salt at a storage facility but does not sell, lease or abandon the storage facility, the person shall comply with par. (a) or shall continue to maintain the storage facility in full compliance with this chapter.

Trans 277.04(6) (6) Liquid calcium chloride restrictions. A person who stores liquid calcium chloride within the boundaries or jurisdiction of this state shall exercise all reasonable precautions to prevent the entry of liquid calcium chloride from storage into the waters of the state.

Trans 277.04 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86, except (3) (b) and (4) eff. 10-1-86 and (3) (a) eff. 10-1-87; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23.

Trans 277.05 Trans 277.05 Required reports and records.

Trans 277.05(1) (1) Reporting. A person storing highway salt shall make reports in writing to the department as required by this section.

Trans 277.05(1)(a) (a) The person shall report the receipt of any information or allegation concerning the storage facility as a source of contamination of the waters of the state by any substance regulated by the department. A copy of any written complaint or other information received by the person in this regard shall be attached to the report, and sent to the department within 10 days of its receipt. The department shall forward a copy of any such report to the monitoring agency.

Trans 277.05(1)(b) (b) When a person who stores highway salt sells, leases, or abandons a storage site, or otherwise discontinues storage at a storage site, temporarily or permanently, or intends to do so, the person shall report to the department no later than 10 days after such discontinuance. If the discontinuance is reported in advance, the anticipated date of discontinuance shall be stated.

Trans 277.05(1)(c) (c) Except if previously reported under par. (d), within 30 days of commencing to store highway salt or liquid calcium chloride for the first time, the person storing the highway salt shall file a report with the department containing the following information:

Trans 277.05(1)(c)1. 1. The name and address of the person or persons storing highway salt or liquid calcium chloride;

Trans 277.05(1)(c)2. 2. The street address and telephone number of the office where the records of the highway salt storage facility or stored liquid calcium chloride are kept;

Trans 277.05(1)(c)3. 3. The mailing address of the administering office, if different from the street address;

Trans 277.05(1)(c)4. 4. The actual location of the highway salt storage facility;

Trans 277.05(1)(c)5. 5. The storage capacity of the highway salt storage facility;

Trans 277.05(1)(c)6. 6. The actual location of the stored liquid calcium chloride; and

Trans 277.05(1)(c)7. 7. The liquid calcium chloride storage capacity.

Trans 277.05(1)(d) (d) Within 30 days of May 1, 1986, each person to whom this chapter applies shall report to the department the information required in par. (c) for each storage facility where highway salt is stored and each container where liquid calcium chloride is stored by the person.