NR 538.22 NoteNote: Copies of this form may be obtained electronically or 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 538.22(4)(4) For projects that utilize more than 10,000 cubic yards of industrial byproducts, the notification shall include an affidavit recorded with the register of deeds, within 60 business days after completing the placement of the industrial byproduct, indicating that industrial byproducts were used on the property, and an indication where the information required under sub. (1) may be obtained. NR 538.22 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 538.22 HistoryHistory: Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (1) Register January 2006 No. 601, eff. 2-1-06; CR 19-080: am. (1), r. and recr. (2), (3), am. (4) Register May 2020 No. 773, eff. 11-1-20. NR 538.24NR 538.24 Excavation of existing geotechnical fill. NR 538.24(1)(1) General. An owner of property where industrial byproducts had previously been used as geotechnical fill in accordance with the provisions of this chapter, or the owner’s designee, may petition the department for approval to excavate and re-use or dispose of the industrial byproduct material provided they meet the provisions of this section. NR 538.24(2)(2) Re-use. Except as provided in sub. (5), the property owner, or the owner’s designee, shall submit a written notification to the department for re-use of the existing geotechnical fill. The department shall review and respond to the notification in accordance with s. NR 538.14 (6). The notification shall contain all of the following information: NR 538.24(2)(a)(a) The name, address, and contact information for the property owner and the owner’s representative or consultant. NR 538.24(2)(b)(b) Information demonstrating that the existing geotechnical fill had been placed as a beneficial use project in accordance with this chapter. This information may include a copy of the concurrence letter from the department, a copy of the owner notification notice required under s. NR 538.22, the location on a database maintained by the department for locating beneficial use projects, or other proof as accepted by the department. NR 538.24(2)(c)(c) The location of the existing geotechnical fill material and the proposed extent of the excavation and relocation of the material. NR 538.24(3)(3) Disposal. If any excavated geotechnical fill material will be disposed rather than reused, the property owner or the owner’s designee shall provide to the department in writing the information required under sub. (2) (a) to (c), the name of the disposal facility, and the volume of disposed material within 60 days after completion of the project. NR 538.24(4)(4) Offsite re-use. If the excavated material is to be beneficially used on a property other than the original fill site, the property owner of the re-use site shall be notified in accordance with s. NR 538.22. A public notice shall also be issued in accordance with ch. NR 538.18 for excavated material re-use projects with a design capacity greater than 30,000 cubic yards. NR 538.24(5)(5) Exemptions. Minor excavations of 1,000 cubic yards or less of geotechnical fill material that had previously been approved under the provisions of ch. NR 538 shall be exempt from the requirements of sub. (2), provided the excavated fill material is either re-used in accordance with s. NR 538.04 and an eligible beneficial use per s. NR 538.10 or disposed in a landfill. Any remaining fill material shall be covered with a confining surface or soil cover in accordance with an eligible use under s. NR 538.10 (2) (a) to (f). NR 538.24 HistoryHistory: CR 19-080: cr. Register May 2020 No. 773, eff. 11-1-20; correction in (2) (a) to (c), (5) made under s. 35.17, Stats., Register May 2020 No. 773.