NR 538.16(1)(b) (b) All of the following industrial byproduct storage facilities are exempt from the requirements of this subsection:

NR 538.16(1)(b)1. 1. Facilities for the storage of industrial byproducts contained within enclosed structures such as buildings, silos, or roll-off boxes.

NR 538.16(1)(b)2. 2. Facilities for the storage of industrial byproducts within a lined area at a licensed engineered landfill. Storage of industrial byproducts at a licensed engineered landfill shall be subject to the conditions of the plan of operation and any other applicable solid waste approvals associated with the landfill.

NR 538.16(1)(b)3. 3. Municipal maintenance and storage facilities that stockpile no more than 300 cubic yards of industrial byproduct material at any given time. The stored material shall be contained by perimeter berms or curbs. These facilities shall be operated and maintained to minimize dust, minimize off-site tracking, and manage storm water runoff.

NR 538.16(1)(b)4. 4. Facilities for the temporary off-site storage or staging of industrial byproducts to be used beneficially in accordance with s. NR 538.10. These temporary facilities shall be operated and maintained to minimize dust, off-site tracking, and storm water runoff, and limit public access. Industrial byproducts may not remain in temporary off-site storage or staging areas for more than 16 months after the date of their placement. These facilities shall provide to the department written notice of the storage location, the date on which the storage of materials began, and the total volume stored.

NR 538.16(1)(b)5. 5. Facilities for which the department issues an exemption on a case-specific basis in accordance with s. NR 538.09.

NR 538.16 Note Note: The discharge of stormwater is regulated under ch. NR 216.

NR 538.16(2) (2) Transportation. A vehicle or container used to transport industrial byproducts intended for beneficial use shall meet all of the following criteria:

NR 538.16(2)(a) (a) The vehicle or container shall be designed and built to be durable and leak-proof and maintained to prevent nuisance conditions from occurring.

NR 538.16(2)(b) (b) The vehicle or container shall be loaded and hauled in such a manner that the contents do not fall, spill, or leak, including the use of covers as necessary. Any spilled industrial byproduct shall be properly recovered.

NR 538.16 Note Note: Storage and transportation of industrial byproduct in accordance with this chapter are exempt from the storage and transportation requirements of ch. NR 502 as specified in ss. NR 502.05 (3) (i) and 502.06 (2) (k).

NR 538.16 History History: Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (1) (a) 4. Register January 2006 No. 601, eff. 2-1-06; CR 19-080: r. and recr. Register May 2020 No. 773, eff. 6-1-20.

NR 538.18 NR 538.18 Public participation.

NR 538.18(1) (1) Notification. Except as provided in sub. (2), no person may initiate a beneficial use project where the volume of the industrial byproduct to be used is greater than 30,000 cubic yards, or construct or operate a permanent or temporary storage facility with a design capacity greater than 30,000 cubic yards, prior to the person giving notice to the affected public and providing for adequate public participation. Unless other forms of public notification and involvement are approved by the department in writing, the notice and public participation process provided by the person intending to initiate a beneficial use project or storage facility shall include, at a minimum, all of the following:

NR 538.18(1)(a) (a) Placing a public notice in the local newspaper at least 30 business days prior to initiating an industrial byproduct beneficial use project or storage facility, specifying the nature of the beneficial use project or storage facility, including the type and amount of the material to be used or stored, how and where the material will be used, the time frame of the project or storage facility operation, that the person intending to initiate the beneficial use project or storage facility may hold a public informational meeting either electively or if requested, and a contact person for the public to request a meeting.

NR 538.18 Note Note: The public informational meeting is not considered an informational hearing under s. 289.26, Stats., even if department staff elect to participate.

NR 538.18(1)(b) (b) Holding a public informational meeting, if requested by the public, at which details of the project can be discussed. Department staff may participate in the meeting.

NR 538.18(2) (2) Exemptions.

NR 538.18(2)(a) (a) The following beneficial use projects are exempt from the public participation requirements under this section:

NR 538.18(2)(a)1. 1. Beneficial uses described under s. NR 538.10 (1), (3), (4), and (5).

NR 538.18(2)(a)2. 2. Wisconsin department of transportation beneficial use projects that were addressed in the department of transportation’s environmental review process.

NR 538.18(2)(a)3. 3. Beneficial use projects at facilities licensed under chs. NR 500 to 538.

NR 538.18(2)(b) (b) The following beneficial use storage facilities are exempt from the public participation requirements under this section:

NR 538.18(2)(b)1. 1. Storage facilities located on the property where the industrial byproducts are generated.

NR 538.18(2)(b)2. 2. Storage facilities that are licensed under ch. NR 502.

NR 538.18(2)(b)3. 3. Municipal maintenance and storage facilities under s. NR 538.16 (1) (b) 3.

NR 538.18 History History: Cr. Register, December, 1997, No. 504, eff. 1-1-98; correction in (2) (a) 3. made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 19-080: am. (1) (intro.), (a), r. and recr. (2) (a) 1., r. (2) (a) 4., am. (2) (b) 1., r. and recr. (2) (b) 3. Register May 2020 No. 773, eff. 11-1-20.

NR 538.20 NR 538.20 Environmental monitoring.

NR 538.20(1) (1) The department may require environmental monitoring for beneficial use projects subject to this chapter that do not meet the beneficial uses described in s. NR 538.10 or are subject to a case-specific approval under s. NR 538.09.