Section 538.10. Beneficial uses.

  The beneficial uses of industrial byproducts under this chapter which may be exempt from regulation as provided under s. NR 538.12 are:

(1)  Raw materials for manufacturing of a product in which the measurable leaching, emissions or decomposition characteristics of the industrial byproduct are substantially eliminated. Products that would meet these criteria include cement, lightweight aggregate, structural or ornamental concrete or ceramic materials, portland cement concrete pavement, asphaltic concrete pavement, roofing materials, plastics, paint, fiberglass, mineral wool, wallboard, plaster and other products as approved by the department.

(2)  Agents for physical or chemical stabilization, solidification or other treatment of solid waste that is to be disposed of at a lined landfill having a leachate collection system, or utilized in some other final use approved by the department.

(3)  Supplemental fuels that provide energy through controlled burning.

(4)  Daily cover or internal structures at lined landfills having a leachate collection system. The industrial byproducts used for this purpose may not contain free liquids. The industrial byproducts used as landfill daily cover may contain not more than 15% of silt and clay sized materials (P200 content), and may not be placed in layers greater than 6 inches thick. In addition the industrial byproducts used as landfill daily cover shall be able to control disease vectors, fires, odors, blowing litter and scavenging without presenting a threat to human health or the environment.

(5)  Confined geotechnical fill material in accordance with the project criteria and uses specified in this subsection. If more than 5,000 cubic yards are to be used in an individual project, prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. Industrial byproducts shall be used in accordance with best management practices. The criteria and uses under this subsection are as follows:

(a) Base course, subbase or subgrade fill for the construction of commercial, industrial or non-residential institutional buildings. The placement of the industrial byproduct may not extend more than 4 feet beyond the outside edge of the concrete slab or the frostwalls of the building. Placement of the concrete floor or frostwalls shall be completed as soon as practical after placement of the fill material. Any area where industrial byproducts are not directly beneath the building shall be sloped to prevent ponding of water, covered with 2 feet of native soil including topsoil and seeded as soon after placement as is practical. The use of industrial byproducts as base course, subbase and subgrade fill in the construction of residential buildings is specifically prohibited.

(b) Base course, subbase or subgrade fill for the construction of a portland cement concrete or asphaltic concrete paved lot. The placement of the industrial byproduct may not extend more than 4 feet beyond the paved area. Placement of the pavement shall be completed as soon as practical after placement of the fill material. Any area where industrial byproducts are not directly beneath the pavement structure shall be sloped to prevent ponding of water, covered with 2 feet of native soil including topsoil and seeded as soon after placement as is practical. The fill may not exceed 3000 cubic yards per half acre of the project area. The depth of fill may not exceed 4 feet below the natural ground surface. Prior written notification in accordance with s. NR 538.14 (4) and written concurrence by the department are needed for fills that do not meet the criteria in this subsection. Concurrence by the department will be based on specific site conditions and good engineering practice. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. The use of industrial byproducts as paved lot fill is prohibited in residential areas.

(c) Base course, subbase or subgrade fill for the construction of a paved federal, state or municipal roadway. Industrial byproducts placed as part of construction of the 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 using category 4 industrial byproducts, the design criteria in sub. (6) shall be required. For fills greater than 4 feet in depth using category 3 or less industrial byproducts, the design criteria in sub. (7) shall be required. The use of industrial byproducts as paved roadway subbase or base fill is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section.

(d) Utility trench backfill. The industrial byproducts placed as part of backfill of a trench constructed for the placement of sanitary or storm sewer, non-potable water line, gas main, telecommunications, electrical or other utility lines shall be beneath a paved roadway, parking lot or other portland cement concrete or asphaltic concrete paved structure. The industrial byproducts 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.

(e) Bridge abutment backfill. Industrial byproducts placed as part of bridge abutment backfill shall be covered by a roadway structure. Any area where industrial byproducts are not directly beneath the pavement surface shall be sloped to prevent ponding of water, covered with base course or topsoiled and seeded as soon as practical after placement of the industrial byproduct. The use of industrial byproducts as bridge abutment trench backfill is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section.

(f) Abandonment of tanks, vaults or tunnels that will provide total encapsulation of 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.

(g) 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 yard of industrial byproduct as a slabjacking material is prohibited in residential areas.

(h) Soil and pavement stabilization. Industrial byproducts used as soil and pavement base stabilization for structural improvements listed in pars. (a) to (c) shall be used in accordance with ASTM C618-03, 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. (c) if approved by the local unit of government with jurisdiction over the roadway.

(i) Controlled low strength material (flowable fill). Industrial byproducts incorporated into controlled low strength material for structural improvements listed in pars. (a) , (d) , (e) and (f) shall be used in accordance with ACI 229R-99 or the Wisconsin department of transportation specifications for highway and structure construction, or other good engineering practices acceptable to the department.

(6)  Fully encapsulated transportation facility embankments constructed under the authority of the Wisconsin department of transportation, or a municipality, that meet the criteria in this subsection. Examples include linear roadway sound and sight barrier berm embankments, airport embankments and roadway bridge or overpass embankments. For projects using more than 100,000 cubic yards of industrial byproducts, or with a maximum thickness of industrial byproduct greater than 20 feet, department concurrence shall be obtained prior to initiating the project. These embankments shall be constructed, documented and monitored as follows:

(a) The embankment shall be monitored in accordance with s. NR 538.20 (2) .

(b) The embankment shall be covered on the top and sidewalls by 2 feet of recompacted clay, and underlain by a 3-foot thick recompacted clay liner. The recompacted clay base, sidewalls and top cover shall meet the following specifications:

1. A minimum thickness of 3 feet under the entire base and 2 feet on the sidewalls and top compacted to a minimum of 95% standard dry proctor density at a moisture content wet of optimum, based on the characteristics of the appropriate proctor curve for the clay being placed.

2. A classification of CL or CH under the unified soil classification system.

3. A permeability of 1 x 10 -7 cm/sec or less, when compacted to 95% standard maximum dry proctor density or greater.

4. An average liquid limit of 25% or greater with no values less than 20%, when tested in accordance with ASTM-D4318-95.

5. An average plasticity index of 12% or greater with no values less than 10%, when tested in accordance with ASTM-D4318-95.

6. A minimum of 50% by weight that passes the 200 sieve.

(c) Any portion of the clay top cover or sidewalls of the embankment not covered by the pavement structure, which includes base course and pavement, shall be covered by one foot of cover soil that includes a minimum of 4 inches of topsoil.

(d) Documentation testing for the recompacted clay base, sidewalls and top cover shall be as follows:

1. Field density and moisture content testing shall be performed on a uniform grid pattern for each lift of clay placed with the grid pattern offset on each subsequent lift. A lift may not exceed 8 inches in thickness following compaction. One density test shall be performed for each 40,000 ft 2 of surface area for every 8 inch lift of clay placed on the base and top cover. One density test shall be performed for each 60,000 ft 2 of surface area for every 8 inch lift of clay placed on the sideslopes offset on each subsequent lift.

2. A disturbed soil sample shall be obtained for one of every 3 field test locations in subd. 1. and analyzed in a laboratory for atterberg limits and grain size to the 2 micron particle size. An undisturbed soil sample shall be obtained for one of every 9 field test locations in subd. 1. and analyzed for laboratory permeability.

3. A standard proctor curve, ASTM-D698-91, shall be developed for each distinct soil source and type in order that density testing can be correlated to the appropriate soil type.

4. Monitoring devices including headwells, and associated borehole construction shall be documented using the appropriate department forms: monitoring well construction form #4400-113A (rev. 4-90), soil boring log information form #4400-122 (rev. 7-91) and well information form #4400-89 (rev. 1-90).

(e) Within 90 business days of completion of the construction project, a site construction report shall be prepared and 3 copies sent to the department. Two of these reports shall be submitted to the bureau of waste management and one shall be submitted to the department's field office responsible for the area in which the embankment is located. The report shall include all of the following:

1. A plot plan showing final grades actually achieved in the field, and the location of all soil tests, drainage ditches, surface water drainage control structures, monitoring wells, control points and any other pertinent features.

2. Documentation of the depth of the final cover material utilizing a 200 foot grid pattern. All borings shall be replaced with acceptable material and compacted to proper density. Hand auger or survey data may be used for this documentation.

3. Documentation of the type and quantity of fertilizer, mulch and seed used on the side slopes.

4. Documentation of the quantity and source of the industrial byproduct used in the embankment fill.

5. The final perpendicular cross-sections of the completed embankment. These cross-sections shall indicate the extent of the industrial byproduct placement.

6. Typical detailed drawings of any special design features.

7. An appendix containing all the raw data from the soil testing program.

8. A description of the institutional controls that will be in place to ensure that the structural integrity of the embankment will be maintained, and that any future disturbances of the embankment design features will be repaired.

(f) The final cover and topsoil shall be smoothly graded to enhance positive surface runoff and seeded, fertilized and mulched to establish a thick vegetative growth. Routine maintenance of the embankment slopes shall be performed to insure the integrity of the final soil cover.

(g) A perimeter berm shall be constructed within the limits of the prepared clay base to contain any surface water runoff from the industrial byproduct. The berm shall be maintained throughout the period of industrial byproduct placement.

(h) Measures shall be taken to limit blowing and tracking of the industrial byproduct during transportation to the construction site and placement in the embankment. Measures include keeping the industrial byproduct moist, and compacting it as soon as it is deposited in the fill area.

(i) The department's field office responsible for the area in which the embankment is located shall be contacted at least one week prior to initiating construction of the clay liner so that arrangements can be made for inspecting the site.

(7)  Clay capped and sidewalled transportation facility embankments constructed under the authority of the Wisconsin department of transportation, or a municipality, that meet the criteria in this subsection. Examples include linear roadway sound and sight barrier berm embankments, airport embankments and roadway bridge or overpass embankments. For projects using more than 100,000 cubic yards of industrial byproducts, or with a maximum thickness of industrial byproduct greater than 20 feet, department concurrence shall be obtained prior to initiating the project. The construction, documentation and monitoring of these embankments shall be as described under sub. (6) (b) 2. to (i) and as follows:

(a) The embankment shall be monitored in accordance with s. NR 538.20 (3) .

(b) The embankment shall be covered on the top and sidewalls by 2 feet of recompacted clay compacted to a minimum of 95% standard dry Proctor density at a moisture content wet of optimum, based on the characteristics of the appropriate Proctor curve for the clay being placed. The sidewalls and top cover shall be a minimum of 2 feet thick. No liner is required.

(8)  Unconfined geotechnical fill material used as fill material for sight, sound and structural berms, reclamation of nonmetallic mines, public recreational trails, construction of sporting venues, limited use parking areas, access lanes, utility trenches or other beneficial uses demonstrated to be acceptable by the department. Any area where industrial byproducts are beneficially used as unconfined geotechnical fill shall be sloped to prevent ponding of water, covered with 2 feet of native soils including topsoil, or other cover approved by the department, and seeded as soon as practical after placement of the industrial byproducts. Prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed for all unconfined geotechnical fills. Concurrence by the department will be based on specific site conditions and good engineering practice. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. The beneficial use of industrial byproducts as an unconfined geotechnical fill is prohibited in residential areas.

(9)  Unbonded surface course material used in accordance with the criteria of this subsection. This includes the use of industrial byproducts as a surface course material in unpaved driveways, parking areas and recreation or exercise trails. Industrial byproducts used as 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. The use of industrial byproducts as unbonded surface course is prohibited in residential areas. If more than 1000 cubic yards of industrial byproducts or more than 6 inches are to be used in an individual surface course application, prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.

(10)  Bonded surface course material used in accordance with the criteria of this subsection. This use includes placement of industrial byproducts as a bonded surface course material such as seal coats in roads, driveways, parking areas and recreational or exercise trails. Industrial byproducts used as a bonded surface course shall conform to the Wisconsin department of transportation standard specifications for highway and structure construction applicable to asphaltic pavements. Within 48 hours of application of the industrial byproduct, the surface shall be rolled to thoroughly embed these materials into the asphaltic mastic. If more than 10,000 cubic yards of industrial byproducts are to be used in an individual bonded surface course application, prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.

(11)  Bonded surface course material used in accordance with the criteria of this subsection. This use includes placement of industrial byproducts as a bonded surface course material such as seal coats in paved federal, state or municipal roadways specified in sub. (5) (c) . Industrial byproducts used as a bonded surface course shall conform to the Wisconsin department of transportation standard specifications for highway and structure construction applicable to asphaltic pavements. Within 48 hours of application of the industrial byproduct, the surface shall be rolled to thoroughly embed these materials into the asphaltic mastic. If more than 10,000 cubic yards of industrial byproducts are to be used in an individual bonded surface course application, prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted. The use of industrial byproducts as seal coats is prohibited in residential areas, unless used in a roadway designed with a rural type cross-section.

(12)  Decorative stone applications using industrial byproducts shall conform to Wisconsin department of transportation specifications for highway and structure construction applicable to base aggregates.

(13)  Winter weather road abrasive on roadways with a rural cross-section, including areas with incidental sections of curb and gutter. The winter road abrasives using industrial byproducts, wholly or as part of a mixture of abrasives, shall meet Wisconsin department of transportation gradation and application rate recommendations for winter highway maintenance contained in the state highway maintenance manual.

History: 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.

Note

ASTM C618-03 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, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, [phone], www.astm.org . Copies of the standard are also available for inspection at the offices of the Department of Natural Resources, the Secretary of State and the Legislative Reference Bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 ACI 229R-99 is the American Concrete Institute report "Controlled Low Strength Materials." Copies of this report can be obtained from the American Concrete Institute, P.O. Box 9094, Farmington Hills, MI 48333, [phone], www.concrete.org . Copies of this report are also available for inspection at the offices of the Department of Natural Resources, Bureau of Waste Management, 101 S. Webster Street, P.O. Box 7921, Madison, Wisconsin 53707-7921. Copies are available for inspection at the offices of the Legislative Reference Bureau and the Secretary of State. Microsoft Windows NT 6.1.7601 Service Pack 1 ASTM-D4318-95 is the American society for testing and materials "Test Method for Liquid Limit, Plastic Limit and Plasticity Index for Soils." Copies of this test procedure can be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, [phone], www.astm.org . Copies of the standard are also available for inspection at the offices of the Department of Natural Resources, the Secretary of State and the Legislative Reference Bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 ASTM-D698-91 is the American society for testing and materials "Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort." Copies of this test procedure can be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, [phone], www.astm.org . Copies of the standard are also available for inspection at the offices of the Department of Natural Resources, the Secretary of State and the Legislative Reference Bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of these forms 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. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of Wisconsin department of transportation specifications for highway and structure construction, and state highway maintenance manual can 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. Copies are also available for inspection at the offices of the Legislative Reference Bureau and the Secretary of State. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1