Section 538.14. Reporting.

 

(1)   Initial certification. Prior to beneficial use of industrial byproducts under this chapter, or the establishment of a storage facility as required under s. NR 538.16 (1) (c) , each generator, storage facility operator, or their designee shall submit an initial certification form to the department that contains the information listed below. An initial certification form shall be submitted prior to beneficial use in accordance with this chapter for any industrial byproducts not previously classified, for any industrial byproduct for which the classification has changed or for the establishment of a storage facility for industrial byproducts. The initial certification form shall include the following information:

(a) Name and address of generator or storage facility operator.

(b) Name, address and telephone number of designated generator or storage facility operator contact.

(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process that generated it and an estimate of the volume that could be made available for beneficial use on an annual basis.

(d) The classification of each industrial byproduct to be beneficially used or stored for beneficial use in accordance with s. NR 538.08 . Documentation, including test results supporting the classification, shall be included. Storage facilities may provide the name and address of the generators of the industrial byproducts to be stored as an alternative to this documentation.

(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 these industrial byproducts, and collect samples to verify compliance with this chapter.

(f) Certification by each generator, storage facility operator or their designee, that the information on the form is true and accurate, and that the performance standards of s. NR 538.04 will be met.

(2)   Annual certification. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a storage facility for industrial byproducts as required under s. NR 538.16 (1) (c) , or their designee, shall submit an annual certification, on a form supplied by the department, that documents the amount of material beneficially used in each category in the previous calendar year and confirms the proper classification 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 the following information:

(a) Name and address of generator or storage facility operator.

(b) Name, address and telephone number of the designated generator or storage facility operator contact.

(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process that generated it and an estimate of the volume that could be made available for beneficial use on an annual basis.

(d) The volume of each industrial byproduct that was beneficially used, or the change in the volume stored, during the reporting period, identified by category.

(e) The classification of each industrial byproduct in accordance with s. NR 538.08 . Documentation of any recharacterization test results required under s. NR 538.06 (4) shall be included. Storage facilities may provide the name and address of the generators of the industrial byproducts to be stored as an alternative this documentation.

(f) A summary of any problems or obstacles encountered in the beneficial use of the industrial byproducts and the actions taken in response to these concerns.

(g) A summary of the performance, problems and maintenance associated with any storage facilities in accordance with s. NR 538.16 (1) (c) .

(h) The environmental monitoring data collected for beneficial use projects in accordance with s. NR 538.20 .

(i) Certification by the generator, storage facility operator or their designee, that the information on the form is true and accurate, and that the performance standards of s. NR 538.04 have been met.

(3)   Exemption. Subsection (2) does not apply if the volume of the generator's industrial byproducts beneficially used, or stored for future use, during the reporting period was less than 1000 cubic yards.

(4)   Notification. Each industrial byproduct generator or a person designated by the generator, such as a broker, shall submit written notification to the department prior to initiating a project, where required in s. NR 538.10 (5) , (8) , (9) , (10) or (11) . The following information shall be included in the notification:

(a) The name, address and phone number of the contact for the project.

(b) The location of the project and a site description.

(c) The approximate volume of industrial byproduct anticipated to be used in the project.

(d) The anticipated start and end dates for the project.

(e) Identification of the industrial byproduct or byproducts to be used and the category of these materials.

(f) For those beneficial uses listed in s. NR 538.10 (5) (a) and (b) that exceed 5000 cubic yards, the method and the data used to determine the groundwater separation distance.

(5)   Record keeping. The generator of an industrial byproduct or their designee, shall maintain records of where their industrial byproduct has been utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10 (5) to (8) . These records shall be maintained and be accessible to department staff upon request, for 5 years after the use of the industrial byproduct.

History: Cr. Register, December, 1997, No. 504 , eff. 1-1-98; CR 05-020 : am. (4) (intro.), cr. (4) (f) Register January 2006 No. 601 , eff. 2-1-06.

Note

Copies of this 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. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of this 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. Microsoft Windows NT 6.1.7601 Service Pack 1