Chapter Trans 277

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.

Trans 277.05(2) (2) Records. A person storing highway salt or liquid calcium chloride shall maintain written records specified in this section at a local office within this state and shall send copies to the department upon request and make the original records available for inspection and copying by employees of the department during normal business hours. These records shall be held for 6 years, and shall contain:

Trans 277.05(2)(a) (a) The location of each of the person’s storage facilities;

Trans 277.05(2)(b) (b) The maximum and minimum quantities of highway salt and liquid calcium chloride stored at each storage facility during each month;

Trans 277.05(2)(c) (c) The date and nature of physical changes in a storage facility including:

Trans 277.05(2)(c)1. 1. Creation of new storage capacity;

Trans 277.05(2)(c)2. 2. Construction of, or major repairs to, structures or facilities required by s. Trans 277.04 (3); and

Trans 277.05(2)(c)3. 3. Discontinuance of storage of highway salt at a facility.

Trans 277.05(2)(d) (d) A record of all complaints received concerning the storage facility as the source of contamination of the waters of the state by a substance regulated by the department.

Trans 277.05(2)(e) (e) Such other information as the department may from time to time require on forms provided by the department for the purpose of recording this information.

Trans 277.05 Note Note: DOT forms for recording and reporting this information are available from the DOT, State Maintenance Engineer for Highways, Bureau of Operations, Division of Highways and Transportation Services, 4802 Sheboygan Avenue, Room 601, P.O. Box 7916, Madison, Wisconsin 53707.

Trans 277.05 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86, except (2) eff. 10-1-86.

Trans 277.06 Trans 277.06 Department inspections.

Trans 277.06(1) (1) The department shall inspect each storage facility and the records of each person storing highway salt or liquid calcium chloride, at least once every 12 months, or more often as necessary to assure compliance with this chapter, and as follows:

Trans 277.06(1)(a) (a) The department shall inspect a storage facility within 30 days when:

Trans 277.06(1)(a)1. 1. The monitoring agency reports that:

Trans 277.06(1)(a)1.a. a. A preventive action limit or enforcement standard has been attained or exceeded at an applicable point of standards application, or

Trans 277.06(1)(a)1.b. b. Surface water has been adversely impacted; and

Trans 277.06(1)(a)2. 2. The monitoring agency reports that the storage facility may have been the source of the contamination.

Trans 277.06(1)(b) (b) The department shall inspect a storage facility to verify compliance with this chapter upon receipt of a report required under s. Trans 277.05 (1) (a) or (b) from the person storing highway salt.

Trans 277.06(1)(c) (c) The department shall inspect a storage facility as necessary to verify compliance with deadlines set either by special orders issued under s. 85.17 (5) (d), Stats., or s. Trans 277.08 (2) (d) or (3) (b) or by compliance directives issued under sub. (2).

Trans 277.06(2) (2) Department employees inspecting a storage facility may issue written directives and deadlines to the person storing highway salt requiring the person to take such specific actions as the department employee finds necessary to assure compliance with this chapter.

Trans 277.06 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86.

Trans 277.07 Trans 277.07 Points of standards application.

Trans 277.07(1) (1) Each of the following locations shall, with the consent of the owner of the property where the point is located, or pursuant to a special inspection warrant under s. 66.0119, Stats., be a point of standards application for each storage facility for the purpose of determining compliance with ch. 160, Stats.:

Trans 277.07(1)(a) (a) Any point of groundwater use within 1500 feet of any portion of the storage facility, and at any depth from which groundwater is drawn for potable or nonpotable use.

Trans 277.07(1)(b) (b) Any point within 1500 feet of any portion of the storage facility, or any point inside of the property boundaries enclosing the storage facility, at which the monitoring agency determines it to be necessary to apply standards in order to adequately perform monitoring.

Trans 277.07(1)(c) (c) Any point beyond 1500 feet from the storage facility may also be accepted by the department as a point of standards application if the monitoring agency first demonstrates to the satisfaction of the department that probable cause exists to believe that a facility, activity or practice regulated by the department under this chapter has caused the preventive action limit or enforcement standard for a substance regulated by the department to be attained or exceeded at that point.

Trans 277.07(2) (2) A property owner who stores highway salt on the owner’s property or permits others to do so has also consented to employees of the monitoring agency, as agents of the department, coming upon the owner’s property during normal business hours, obtaining and removing such water samples as are reasonably necessary for both monitoring required under ch. 160, Stats., and enforcement of this chapter by the department.

Trans 277.07 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86; correction in (1) (intro.) 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 277.08 Trans 277.08 Department responses.

Trans 277.08(1) (1) Noncompliance report. When a department inspector reports that a person storing highway salt has failed to comply with this chapter or with a written compliance directive issued under this subsection or s. Trans 277.06 (2), or with a special order issued by the department, the department may respond by issuing a compliance directive or a special order for remedial action. Remedial actions ordered may include, but are not limited to, those actions set out in sub. (2) (d) except sub. (2) (d) 1.

Trans 277.08(2) (2) Preventive action limit or contamination report. The department shall respond as provided in this subsection when the department receives a report from the monitoring agency that the preventive action limit of a substance regulated by the department has been attained or exceeded at an applicable point of standards application or that surface water has been adversely impacted near a storage facility and the storage facility may have been the source of the contamination.

Trans 277.08(2)(a) (a) The department shall send notice of the report by first class mail to the local office of the person storing highway salt at the storage facility.

Trans 277.08(2)(b) (b) The department shall inspect the storage facility within 30 days of receipt of the report and determine if the storage facility is in compliance with all provisions of this chapter, as provided in s. Trans 277.06 (1) (a).

Trans 277.08(2)(c) (c) Within 60 days of receipt of the monitoring agency report the department shall determine whether or not the storage facility is the source or most probable source of contamination by a substance regulated by the department.

Trans 277.08(2)(d) (d) If the department determines that the storage facility is the source or most probable source of the contamination, then the department shall order appropriate remedial action to meet the goals of s. 160.23 (1), Stats. Orders may be either written compliance directives, including deadlines, or special orders. Remedial actions may include, but are not limited to:

Trans 277.08(2)(d)1. 1. No action;

Trans 277.08(2)(d)2. 2. Further investigation;

Trans 277.08(2)(d)3. 3. Increased monitoring of the storage facility in cooperation with the monitoring agency;

Trans 277.08(2)(d)4. 4. Revision of specific operational procedures at the storage facility;

Trans 277.08(2)(d)5. 5. Repair, construction or reconstruction of facilities as necessary to comply with s. Trans 277.04;

Trans 277.08(2)(d)6. 6. Prohibition of activities or practices which use or produce the substance;

Trans 277.08(2)(d)7. 7. Relocation of the storage facility or the highway salt at the storage facility; or

Trans 277.08(2)(d)8. 8. Remedial action to renovate or restore groundwater quality.

Trans 277.08(2)(d)9. 9. Closure of the storage facility.

Trans 277.08(3) (3) Enforcement standard report.

Trans 277.08(3)(a) (a) Within 60 days of a report from the monitoring agency that an enforcement standard of a substance regulated by the agency has been attained or exceeded, the department shall determine if a storage facility is the source or most probable source of contamination by the substance.

Trans 277.08(3)(b) (b) If the department determines that a storage facility is the source or most probable source of contamination by a substance regulated by the department, the department shall issue a special order directing the person responsible for the storage facility to close the facility and discontinue storage as provided in s. Trans 277.04 (5) (a), unless the person responsible for the storage facility demonstrates that an alternative enforcement response under par. (c) will achieve compliance with the enforcement standard at the point of standards application.

Trans 277.08(3)(c) (c) If the person responsible for the storage facility demonstrates to the department to a reasonable certainty, by the greater weight of the credible evidence, that one or more of the responses in sub. (2) (d) 2. to 8. will achieve compliance with the enforcement standard at the point of standards application, the department shall issue a special order directing the person to undertake the specific remedial action under sub. (2) (d) 2. to 8. which the department determines will achieve compliance with the enforcement standard at the point of standards application.

Trans 277.08(4) (4) Limitations on special orders.

Trans 277.08(4)(a) (a) Orders for remedial actions under sub. (2) (d) shall be limited as expressly provided by ss. 160.21 (3) and 160.23 (4), Stats. The department shall consider the applicable factors set out in ss. 160.21 (3) and (4), 160.23 (1) and (6), Stats., when issuing orders under sub. (2) (d).

Trans 277.08(4)(b) (b) Orders for remedial action under sub. (3) (b) shall be limited as expressly provided by s. 160.25 (1) and (4), Stats. The department shall consider the applicable factors set out in s. 160.25 (4) and (5), Stats., when issuing orders under sub. (3) (b).

Trans 277.08(4)(c) (c) Orders under sub. (2) (d) and (3) (b) shall be issued as soon as is reasonably possible after the determination by the department that a storage facility is the source or most probable source of contamination of the waters of the state by a substance regulated by the department. The deadlines of sub. (2) (c) and sub. (3) (a) do not apply to the issuance of orders.

Trans 277.08 History History: Cr. Register, April, 1986, No. 364, eff. 5-1-86.

Trans 277.09 Trans 277.09 Rule review. The department shall review this chapter to determine whether revisions are necessary to meet the goals of s. 85.17, Stats., and ch. 160, Stats., when the following conditions occur:

Trans 277.09(1) (1) The monitoring agency reports that the preventive action limit or enforcement standard for a substance regulated by the department has been reached or exceeded at a point of standards application of a storage facility;