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)(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(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)(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.