Section 277.04. Storage practices and facilities.

 

(1)   Highway salt storage restrictions. A person who stores highway salt within the boundaries or jurisdiction of this state or who manufactures, distributes or uses highway salt, shall exercise all reasonable precautions to prevent the entry of highway salt, or any substance regulated by the department, from the storage facility into the waters of the state.

(2)   Responsibility for compliance. A person who stores highway salt shall construct, inspect and maintain each of his or her storage facilities as necessary to assure compliance with this chapter. When more than one person stores highway salt, including when one person owns the highway salt stored at a storage facility owned or operated by another person, the department may require the compliance of, and issue compliance directives and special orders to, such person or persons as the department determines to be reasonable or necessary to obtain compliance with this chapter.

(3)   Storage facility requirements.

(a) All highway salt shall be stored on a base which is both constructed and maintained to be impermeable, so as to prevent a substance regulated by the department, including solutions or combinations containing such substance, from passing through the base and reaching the waters of the state.

1. The storage facility shall be designed, constructed and maintained to divert any runoff from the terrain surrounding the storage facility to prevent any contact between the runoff and highway salt at the storage facility.

2. The base of the storage facility required by this subsection shall be designed, constructed and maintained to drain into, or function as, a holding basin of sufficient capacity to contain all precipitation which may reasonably be expected to come into contact with uncovered highway salt, and to prevent any runoff into the waters of the state of brine resulting from the combination of such precipitation and highway salt. Except as expressly allowed by a permit issued under ch. 283 , Stats. , brine collected in the holding basin may not be discharged onto the terrain surrounding the storage facility.

(b) All highway salt, except as specifically exempted, shall be covered by a building or structure with walls and a roof sufficient to prevent contact between precipitation and the highway salt and to prevent wind from eroding the highway salt or carrying any amount of a substance regulated by the department into potential contact with the waters of the state. Highway salt which is stored in a covered pile shall be deemed to meet the requirements of this paragraph if the covering:

1. Is an impermeable or water-resistant covering such as a tarp or plastic sheeting;

2. Is secured against wind with weights or tie-downs, such as ropes, cables or wire-mesh, or both:

3. Is sealed at any seams by means which render the seams watertight;

4. Completely covers the entire pile of stored highway salt;

5. Is opened only at a working face, which is:

a. Uncovered only while highway salt is actually being removed; and

b. Open only to the minimum dimensions reasonably necessary;

6. Is regularly inspected, repaired and otherwise maintained by the person storing the highway salt so as to continue to possess all of the qualities required by this paragraph.

(c) Highway salt which is a mixture of a chloride and sand in which the untreated sand alone is 95% or more, by weight, of the total weight of the highway salt and which is covered from April 1 to October 1 by a cover meeting the requirements of par. (b) , is exempt from the other requirements of this subsection.

(4)   Prohibited locations. Highway salt may not be stored in a location where the lateral distance between any portion of the storage facility and any lake or stream is 50 feet or less.

(5)   Discontinuance of storage.

(a) Except when sold or leased for the express purpose of storing highway salt, no storage facility may be sold, leased or abandoned unless the person storing salt at the storage facility has first removed all highway salt and highway salt residue and any substance regulated by the department, or otherwise placed the storage facility in a condition such that, without any further maintenance, no highway salt residue or substance regulated by the department will enter the waters of the state from the facility.

(b) When a person discontinues storage of highway salt at a storage facility but does not sell, lease or abandon the storage facility, the person shall comply with par. (a) or shall continue to maintain the storage facility in full compliance with this chapter.

(6)   Liquid calcium chloride restrictions. A person who stores liquid calcium chloride within the boundaries or jurisdiction of this state shall exercise all reasonable precautions to prevent the entry of liquid calcium chloride from storage into the waters of the state.

History: Cr. Register, April, 1986, No. 364 , eff. 5-1-86, except (3) (b) and (4) eff. 10-1-86 and (3) (a) eff. 10-1-87; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7. , Stats., Register March 2012 No. 675 .

Note

Brine from the holding basin may be discharged into a municipal sewage system with surface water discharge, or directly discharged into surface water, after a permit is obtained from the department of natural resources under ch. 283 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Chs. NR 115 and 116 Wis. Adm. Code, or local zoning ordinances may also restrict the location of highway salt storage facilities. Microsoft Windows NT 6.1.7601 Service Pack 1