NR 538.10(2)(f)1.1. The use of industrial byproducts at a nonmetallic mining site with a reclamation permit issued under ch. NR 135 shall be in accordance with the approved reclamation plan required under s. NR 135.19. If the reclamation plan does not specify the use of industrial byproducts as fill material, the plan shall be modified in accordance with s. NR 135.24 to reflect the use of these byproducts. The reclamation plan or modification shall be approved by the regulatory authority under s. NR 135.03 (20) in accordance with ch. NR 135 before applying for concurrence by the department. NR 538.10(2)(f)2.2. A mine reclamation project at a mine site that does not have an approved reclamation plan issued under ch. NR 135 shall be subject to a case-specific approval in accordance with s. NR 538.09. The applicant shall submit a reclamation plan that meets the applicable criteria under s. NR 135.19 (1) to (4) to the department as part of the case-specific approval request. NR 538.10(2)(f)3.3. Eligible uses for industrial byproducts as part of the reclamation of a nonmetallic mine site under this section include construction of safety berms, buttressing of unstable side slopes to provide for a revegetated surface, placement of no more than 2 feet of manufactured soils under sub. (4) (c) or other appropriate byproducts to establish a rooting zone layer, or the use of byproducts or byproduct blends as a topsoil substitute material as defined under s. NR 135.03 (24). NR 538.10(2)(f)4.4. Any area where industrial byproducts are beneficially used as geotechnical fill in a nonmetallic mine site that are to be revegetated as part of the mine reclamation plan shall be sloped to prevent ponding of water, covered with 2 feet of native soils including a minimum of 4 inches of topsoil or other cover approved by the department in writing, and seeded in accordance with the reclamation plan as soon as practical after placement of the industrial byproducts. Final vegetated slopes may not be steeper than a 3:1 horizontal to vertical incline. NR 538.10(2)(f)5.5. For all nonmetallic mine reclamation project sites, industrial byproducts, including select foundry sand, that are used as geotechnical fill may not be placed within 5 feet of the groundwater table at the time the byproduct material is placed. NR 538.10(2)(f)6.6. The beneficial use of industrial byproducts as geotechnical fill in the reclamation of nonmetallic mines is prohibited in residential areas or areas where residential construction is planned as a post-reclamation land use. NR 538.10 NoteNote: Federal rules restrict the use of coal combustion residuals as fill in sand and gravel pits and quarries under 40 CFR 257.50-107, subpart D. NR 538.10 NoteNote: Best management practices under this paragraph may include ASTM D7765-18a when foundry sand is used for structural fill or embankments, ASTM E2277-14 for the use of coal ash in structural fills, Wisconsin department of transportation specifications for highway and structure construction, or other established engineering construction standards and practices appropriate for the project.
NR 538.10(3)(3) Construction uses. Construction uses in accordance with the project criteria and uses specified in this subsection. Industrial byproducts used in this subsection may not be placed within areas of permanent standing water or areas that need to be dewatered prior to placement due to groundwater infiltration. Construction uses include any of the following: NR 538.10(3)(a)(a) Subgrade fill for the construction of a paved federal, state, or municipal roadway. Industrial byproducts placed as part of construction of a paved federal, state or municipal roadway may not extend beyond the subgrade shoulder point and the depth of the fill may not exceed 4 feet, except for incidental sections of the fill. Any area where industrial byproducts are not directly beneath the pavement structure shall be sloped to prevent ponding of water, covered with base course or native soil, including topsoil, and seeded as soon as practical after placement of the industrial byproduct. Placement of the pavement structure shall be completed as soon as practical after placement of the fill material. For fills greater than 4 feet in depth, the design shall adhere to the criteria specified in sub. (2) (e). The use of industrial byproducts as paved roadway subgrade fill is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section without curbs and gutters. NR 538.10(3)(b)(b) Base aggregates for the construction of commercial, industrial and non-residential institutional building slabs and paved infrastructure. Industrial byproducts used as base aggregates for the construction of commercial, industrial, and non-residential institutional building slabs and paved infrastructure including parking lots, access roads, and federal, state and municipal roadways shall meet the project specified physical properties of the Wisconsin department of transportation Section 301 standard specifications for base aggregates unless otherwise approved by the department in writing. The use of industrial byproducts as base aggregates under this paragraph is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section without curbs and gutters. NR 538.10(3)(c)(c) Utility trench backfill. Industrial byproducts used to backfill a utility trench constructed for the placement of a sanitary or storm sewer, a non-potable water line, a gas main, or telecommunications, electrical or other utility lines shall be covered by a paved roadway, parking lot or other portland cement concrete or asphaltic concrete paved structure and may not extend more than 4 feet beyond the pavement structure. Any area where industrial byproducts are not directly beneath the pavement structure shall be sloped to prevent ponding of water, topsoiled, and seeded as soon as practical after placement of the industrial byproduct. NR 538.10(3)(d)(d) Abandonment of tanks, vaults, or tunnels. Industrial byproducts may be beneficially used for the abandonment of tanks, vaults or tunnels that will completely contain the industrial byproduct. This use does not include the placement of an industrial byproduct in a location where environmental pollution has been identified unless it is specified in a plan approval by the department. NR 538.10(3)(e)(e) Slabjacking material. Industrial byproducts used as a component in a slabjacking material in combination with portland cement, lime, or bentonite shall be placed beneath portland cement concrete paved structures to raise areas that have settled. The slabjacking material shall be placed directly from an enclosed transport vehicle. Projects using more than 2 cubic yards of industrial byproduct as a slabjacking material are prohibited in residential areas. NR 538.10(3)(f)(f) Soil and pavement stabilization. Coal combustion fly ash used as soil and pavement base stabilization for structural improvements shall be used in accordance with ASTM C618-15 or the Wisconsin department of transportation specifications for highway and structure construction, or other good engineering practices acceptable to the department. The use of industrial byproducts as soil and pavement base stabilization is allowed in residential areas for those beneficial uses specified in par. (a) if approved by the local unit of government with jurisdiction over the roadway. NR 538.10 NoteNote: ASTM C618-15 is the American society for testing and materials ”Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete.” Copies of this test procedure can be obtained from ASTM International at https://www.astm.org/Standards/C618.htm. Copies of the standard are also available for inspection at the offices of the department of natural resources and the legislative reference bureau. NR 538.10(3)(g)(g) Controlled low strength material. Industrial byproducts incorporated into controlled low strength material for structural improvements, commonly referred to as flowable fill, shall be used in accordance with ACI 229R-13, the Wisconsin department of transportation specifications for highway and structure construction, or other good engineering practices acceptable to the department. NR 538.10 NoteNote: ACI 229R-13 is the American Concrete Institute report “Controlled Low Strength Materials.” Copies of this report can be obtained at https://www.concrete.org. Copies of this report are also available for inspection at the offices of the department of natural resources and the legislative reference bureau. NR 538.10(3)(h)(h) Bonded surface course material. Industrial byproducts used as a bonded surface course such as seal coats and chip seals in paved federal, state or municipal roadways, commercial and private roadway or parking surfaces, driveways, airport runways, and trails shall conform to the Wisconsin department of transportation standard specifications for highway and structure construction applicable to asphaltic pavements, including limitations on the percentage of material passing the P200 sieve and application rates. Within 48 hours of application of the industrial byproduct, the surface shall be rolled to thoroughly embed these materials into the asphaltic mastic and, within one week of application, the surface shall be swept to remove any loose excess material. NR 538.10(4)(4) Unconfined uses. Unconfined uses that are not contained, encapsulated, or covered by either 2 feet of soil or an impervious surface and meet the project criteria and uses specified in this subsection. Unconfined uses include any of the following: NR 538.10(4)(a)(a) Unbonded surface course material. Industrial byproducts used as an unbonded 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. This includes the use of industrial byproducts as a surface course material in unpaved driveways, road shoulders, farm lanes, parking areas, and recreation or exercise trails. The use of industrial byproducts as unbonded surface course is prohibited in residential areas. NR 538.10(4)(b)(b) Winter weather road abrasive on roadways with a rural cross-section. Winter road abrasives using industrial byproducts, wholly or as part of a mixture of abrasives and de-icing compounds, shall meet Wisconsin department of transportation gradation and application rate recommendations for winter highway maintenance contained in the state highway maintenance manual. The use of industrial byproducts as winter road abrasives is restricted to use on roadways designed with a rural type cross-section with only incidental sections of curbs and gutters. NR 538.10(4)(c)(c) Manufactured soil blends. Manufactured soil blends with the mineral component derived from spent silica-based foundry sand from iron, steel, and aluminum foundries shall be comprised of no more than 50% spent foundry sand by weight and intended for use as a commercial or consumer product. Soil blends that incorporate industrial byproducts other than foundry sand or solid waste material shall be approved under the case-specific provisions specified in s. NR 538.09. NR 538.10 NoteNote: Bulk land application of spent foundry sand on agricultural fields is regulated under ch. NR 518. NR 538.10(5)(5) Soil or plant additives derived from flue gas desulfurization or lime-bearing industrial byproducts. Flue gas desulfurization or lime-bearing industrial byproducts used as soil or plant additives shall be managed, applied and licensed in accordance with subch. II of ch. ATCP 40 or ch. ATCP 41. Prior to use, initial certification, and concurrence by the department in accordance with s. NR 538.06 is required. In addition to the certification information, the applicant shall demonstrate, as part of the required written notification, all of the following: NR 538.10(5)(a)(a) The industrial byproduct, as demonstrated through research projects approved under s. NR 518.04 (2) or previously published research, has value as a soil or plant additive and will not result in detrimental effects to the soil or vegetation at the rates and mixtures proposed. If the additive is part of a mixture, the physical and chemical nature of the other materials in the mixture and the relative percentages of each material shall be described in the submittal. NR 538.10(5)(b)(b) The industrial byproduct or byproduct mixture will not be applied at rates such that excessive accumulation of hazardous substances occurs in soil or vegetation, cause a detrimental effect on surface water quality, or cause a detrimental effect on groundwater quality that would result in an exceedance of the groundwater quality standards specified in s. NR 140. NR 538.10(5)(c)(c) The industrial byproduct or byproduct mixture will be applied in accordance with accepted agricultural practices. NR 538.10(5)(d)(d) Industrial byproducts that are intended for use as agricultural liming materials, as defined under s. 94.66 (1) (am), Stats., meet the requirements of ch. ATCP 41 and do not contain contaminant concentrations exceeding the values listed in Table 3 of s. NR 204.07 (5) (c). NR 538.10(5)(e)(e) Flue gas desulfurization material intended for use as an agricultural soil amendment does not contain contaminant concentrations exceeding the values listed in ch. NR 538 Appendix, Table 3, and will not be applied in volumes exceeding the maximum recommended application rates as determined by the Wisconsin department of agriculture, trade and consumer protection. NR 538.10 NoteNote: USDA Code 333 is the guidance document “Amending Soil Properties with Gypsum Products,” published as Natural Resources Conservation Service Conservation Practices Standard Code 333 (333-CPS-1), June 2015, and is available through the U.S. department of agriculture website: https://www.usda.gov/. NR 538.10 NoteNote: Copies of Wisconsin department of transportation specifications for highway and structure construction and the state highway maintenance manual are available for inspection at the offices of the department of transportation, department of natural resources and the legislative reference bureau.
NR 538.10 NoteNote: 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 HistoryHistory: 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; CR 19-080: r. and recr. Register May 2020 No. 773, eff. 11-1-20; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (b), (f) 5., (5) (intro.) made under s. 35.17, Stats., Register May 2020 No. 773. NR 538.12NR 538.12 Additional criteria for the beneficial use of industrial byproducts as geotechnical fill. NR 538.12(1)(1) All geotechnical fill uses shall comply with the performance standards under s. NR 538.04 and the applicable criteria in this section. NR 538.12(2)(2) Industrial byproducts that are utilized for any of the uses under s. NR 538.10 (2) shall be placed in accordance with all of the following: NR 538.12(2)(a)(a) Industrial byproducts may not be placed within areas of permanent standing water or areas that need to be dewatered prior to placement due to groundwater infiltration. NR 538.12(2)(b)(b) For those beneficial uses listed in s. NR 538.10 (2) that use industrial byproducts designated by the department as select foundry sand under s. NR 538.06 (3) (f) or that do not exceed the concentrations specified in ch. NR 538 Appendix, Table 1, Column A, there shall be a minimum separation distance of 3 feet between the industrial byproduct and the groundwater table at the time of placement, except geotechnical fill used for nonmetallic mine reclamation projects under s. NR 538.10 (2) (f), which shall maintain a minimum separation distance as determined by s. NR 538.10 (2) (f) 5. NR 538.12(2)(c)(c) For those beneficial uses listed in s. NR 538.10 (2) that use industrial byproducts, excluding select foundry sand, that exceed the concentrations specified in ch. NR 538 Appendix, Table 1, Column A, but are less than the concentrations specified in ch. NR 538 Appendix, Table 1, Column B, there shall be a minimum separation distance of 5 feet between the industrial byproducts and the groundwater table at the time the material is placed. NR 538.12(2)(d)(d) Industrial byproducts may not be placed within an area that meets the definition of a floodplain under s. NR 116.03 (16) or below the ordinary high-water mark within any navigable waters as defined under s. NR 115.03 (6) without prior written approval from the department. NR 538.12(2)(e)(e) Industrial byproducts used as geotechnical fill as part of the reclamation of nonmetallic mine sites in accordance with s. NR 538.10 (2) (f) may not exceed the concentrations in s. NR 538 Appendix, Table 1, Column A unless designated by the department as select foundry sand under s. NR 538.06 (3) (f). NR 538.12(3)(3) Industrial byproducts that are used for the beneficial uses listed in s. NR 538.10 (2) and exceed 5,000 cubic yards may not be placed closer than 100 feet from a private or public water well. Prior written notification to the department in accordance with s. NR 538.14 (5) and concurrence by the department under s. NR 538.14 (6) is required for separation distances less than 100 feet. Concurrence by the department shall be based on site-specific conditions such as well construction and ground water flow direction. NR 538.12(4)(4) Beneficial use projects utilizing fill materials under s. NR 538.10 (2) shall be completed, including the placement of final cover, within 12 months of first accepting industrial byproduct material. This period may be extended to no more than 16 months provided the site is adequately secured from public access by means of exclusion fencing and signage or other equally effective means as approved by the department in writing. If the beneficial use project requires more than 12 months to complete, or 16 months to complete if the site is adequately secured, the project shall be planned in phases with each phase of filling completed and interim or final cover placed prior to initiation of filling the next phase. Prior to use of an alternate cover, the generator, or the generator’s designee, shall provide a written request to the department. A written approval by the department may be granted based upon site-specific conditions and good engineering practices. NR 538.12(5)(5) Confining surfaces and soil cover in beneficial use projects utilizing fill materials under s. NR 538.10 (2) shall be maintained as designed. Fill materials exposed by erosion, excavation, or weathering shall be covered in accordance with the original design, or as approved by the department, as soon as practical. Requests for modification of the final cover shall be made in accordance with s. NR 538.14 (7), and excavation of fill material shall be performed in accordance with s. NR 538.24. NR 538.12(6)(6) Beneficial use projects proposing utilization of 100,000 cubic yards or more of geotechnical fill materials under s. NR 538.10 (2) shall require a request to the department by the generator, or the generator’s designee, for a case-specific approval in accordance with s. NR 538.09. NR 538.12(7)(7) All vegetated soil covers over geotechnical fill materials under s. NR 538.10 (2) shall utilize topsoil in sufficient quantities and of sufficient quality to support a vegetative cover that prevents erosion. NR 538.12(8)(8) All geotechnical fill projects under s. NR 538.10 (2) shall be conducted in a manner to minimize windblown dust, odor, tracking, and spillage of the industrial byproduct and not to cause nuisance conditions. NR 538.12 HistoryHistory: 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; CR 19-080; r and recr. Register May 2020 No. 773, eff. 11-1-20; correction in (2) (b), (e), (3), (5) made under s. 35.17, Stats., Register May 2020 No. 773. NR 538.14(1)(1) Initial certification. Prior to beneficial use of industrial byproducts under this chapter, or the establishment of a non-exempt storage facility, each generator, non-exempt storage facility operator, or the generator’s designee, shall submit an initial certification form to the department. An initial certification form shall be submitted prior to beneficial use in accordance with this chapter for any industrial byproduct not previously approved for eligible uses, for any industrial byproduct for which the generation process has changed, or for the establishment of a storage facility for industrial byproducts. The initial certification form shall include all of the following information: NR 538.14(1)(a)(a) The name and address of the generator or storage facility operator. NR 538.14(1)(b)(b) The name, address, and telephone number of the 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 the material and an estimate of the volume that may be made available for beneficial use on an annual basis. NR 538.14(1)(d)(d) Initial byproduct characterization results as required under s. NR 538.06 (1) to (3), including a listing of the eligible uses of each industrial byproduct to be beneficially used or stored for beneficial use in accordance with s. NR 538.10 and ch. NR 538 Appendix, Tables 1 to 3. Documentation, including test results supporting the eligible use determinations, shall be included. Non-exempt storage facilities under s. NR 538.16 (1) (a) shall provide the name and address of the generators of the industrial byproducts to be stored unless the storage facility is located at the same address as the industrial byproduct generating facility. 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 those industrial byproducts and collect samples to verify compliance with this chapter. NR 538.14(1)(f)(f) Certification by each generator, or the generator’s designee, and each storage facility operator, or the operator’s 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 NoteNote: Copies of the initial certification 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) Recharacterization. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a non-exempt storage facility for industrial byproducts as required under s. NR 538.16 (1) (a), or the designee of the generator or operator, shall submit recertification information used to determine the eligible use of each industrial byproduct, electronically or on a form supplied by the department, every 4 years or after a process change in accordance with s. NR 538.06 (5). The recertification form shall be submitted to the department no later than 60 days following the receipt of the analytical testing results which indicate a potential reassignment of the eligible uses for any industrial byproduct. Analytical testing results that confirm the eligible uses assigned during the initial certification or the previous recharacterization may be submitted with the annual certification under sub. (3). The recertification form shall include all of the following information: NR 538.14(2)(a)(a) The name and address of the generator or storage facility operator. NR 538.14(2)(b)(b) The 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 and location of the generating facility. NR 538.14(2)(d)(d) Documentation, including analytical testing results, supporting the eligible use classifications as specified under s. NR 538.08. NR 538.14(2)(e)(e) Certification by the generator, or the generator’s designee, or the storage facility operator, or the operator’s designee, that the information on the form is true and accurate. NR 538.14(3)(3) Annual certification. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a non-exempt storage facility for industrial byproducts as required under s. NR 538.16 (1) (a), or the generator’s or operator’s designee, shall submit an annual certification, electronically or on a form supplied by the department, that documents the amount of material beneficially used for each eligible use in the previous calendar year and confirms the proper use 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 all of the following information: NR 538.14(3)(a)(a) The name and address of the generator or storage facility operator. NR 538.14(3)(b)(b) The name, address, and telephone number of the designated generator or storage facility operator contact. NR 538.14(3)(c)(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process and location of the generating facility. NR 538.14(3)(d)(d) The volume of each industrial byproduct that was beneficially used during the reporting period, identified by types of beneficial uses under s. NR 538.10. If the industrial byproduct was given or sold to an entity other than the generator for subsequent use or distribution, the name and address of the recipient shall be listed along with the volume the recipient received and the intended beneficial uses. NR 538.14(3)(e)(e) For non-exempt storage facilities, the volume of each industrial byproduct that was in storage as of December 31 of the reporting year. NR 538.14(3)(f)(f) Documentation, including test results, supporting any required recharacterization as specified in s. NR 538.06 (5). A non-exempt storage facility under s. NR 538.16 (1) (a) shall provide the name and address of the generators of the industrial byproducts to be stored unless the storage facility is located at the industrial byproduct generating facility. NR 538.14(3)(h)(h) Certification by the generator, or the generator’s designee, or storage facility operator, or the operator’s 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 NoteNote: Copies of the annual certification 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(4)(4) 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 1,000 cubic yards. NR 538.14(5)(5) Notification. Each generator, or a person designated by the generator such as a broker, shall submit written notification to the department prior to initiating a project when required under ss. NR 538.10 (2) and NR 538.12. All of the following information shall be included in the notification: NR 538.14(5)(a)(a) The name, address, and phone number of the contact for the project. NR 538.14(5)(b)(b) The location of the project and a site description, including a topographic or orthophoto map, township and range to the quarter section, and land use information. In addition, the applicant shall submit geographic information system locational information based on no fewer than 6 geographically informative points that define the limits of industrial byproduct placement. These points shall be collected using the North American Datum, NAD83 (1991). For each point, the longitude and latitude shall be referenced to the 5th decimal degree. The date, method, and tools used to collect locational information for each point shall also be included. Other methods of geolocation that provide similar or better accuracy are also acceptable, subject to approval by the department. NR 538.14(5)(c)(c) The approximate volume of industrial byproduct anticipated to be used in the project. NR 538.14(5)(d)(d) The anticipated start and end dates for the project and the timing of any phasing. NR 538.14(5)(e)(e) Identification of the types and generators of the industrial byproducts to be used and the eligible uses of these materials. NR 538.14(5)(f)(f) Information demonstrating that the proposed project will meet the performance standards and beneficial use specifications of this chapter. NR 538.14(5)(g)(g) For those beneficial uses listed in s. NR 538.10 (2) that exceed 5,000 cubic yards, the method and the data used to determine the groundwater separation distance. NR 538.14(5)(i)(i) For those beneficial uses subject to the public notification requirement under s. NR 538.18, proof that a public notice was placed in the local newspaper in accordance with s. NR 538.18 (1) (a). NR 538.14 NoteNote: Proof of a public notice may include a copy of the notice clipped from the newspaper along with the date it was published or any other notification verifying that an order for the public notice was placed with the newspaper and the expected date of publication.
NR 538.14(6)(6) Concurrence. For proposed projects that require submission of a written notification, the department shall reply with a written concurrence within 10 business days provided the applicant meets the applicable criteria of this chapter. If the department determines that the proposal does not demonstrate that the project will meet the applicable criteria, the department shall provide a written notice of non-concurrence within 10 business days, noting any deficiencies and allowing the applicant an opportunity to correct them or provide additional information. If the department does not respond to the notification within 10 business days, concurrence is considered granted. NR 538.14(7)(7) Modifications. Any generator, or the generator’s designee, that wishes to modify a project for which the department granted concurrence under sub. (6) shall notify the department in writing describing the nature of the modification requested. In determining if a modification is required, the applicant shall consider if the proposed modification alters the original project footprint, substantially increases the volume of the byproduct material, or has the potential to affect any of the performance standards under s. NR 538.04. The department shall review the modification request and notify the applicant in writing if submission of a revised notification under sub. (5) is required. If the department does not respond to the notification within 10 business days, the modification is deemed complete and concurrence is considered granted. NR 538.14(8)(8) Record keeping. The generator, or the generator’s designee, shall maintain records of where industrial byproducts have been utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10 (2). These records shall be maintained and be accessible to department staff upon request for 5 years after the use of the industrial byproduct.
