Section 538.12. Beneficial uses for specific categories of industrial byproducts.

 

(1)  Persons who beneficially use category 1 to 5 industrial byproducts in accordance with this section are exempt from licensing under s. 289.31 , Stats., and the regulatory requirements under chs. NR 500 to 538 .

(2)   General criteria for uses.

(a) All uses shall comply with the performance standards under s. NR 538.04 and the applicable criteria in this section.

(b) Materials that are not category 1 industrial byproducts and that are utilized for any of the uses under s. NR 538.10 (5) to (13) may not be placed below the water table, into permanent standing water or areas that need to be dewatered prior to placement. For those beneficial uses listed in s. NR 538.10 (5) (a) and (b) that exceed 5000 cubic yards, there shall be a minimum separation distance of 3 feet between the industrial byproducts and the groundwater table at the time the material is placed. Prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed for separation distances less than 5 feet. 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.

(br) Materials that are not category 1 industrial byproducts and used for the beneficial uses listed in s. NR 538.10 (5) (a) and (b) and exceed 5000 cubic yards shall be placed no closer than 200 feet from a private or public water well without the written consent of the property owners located within this separation distance. A consent form shall be provided by the department.

(c) All uses shall meet all applicable structural and physical specification and generally accepted engineering practices for the use.

(e) All beneficial use projects shall be conducted in a manner to minimize windblown dust, odor, tracking and spillage of the industrial byproduct and not to cause nuisance conditions or environmental pollution as defined under s. 289.01 (8) , Stats.

(3)   Uses for category 1 industrial byproducts. Category 1 industrial byproducts may be utilized for any beneficial uses described under s. NR 538.10 (1) to (13) , or other beneficial uses which conform with the exposure assumptions listed in s. NR 720.19 (5) (c) 1. a. and 2. a. Category 1 industrial byproducts are exempt from the notification requirements under s. NR 538.14 (4) , the environmental monitoring requirements under s. NR 538.20 and the property owner notification requirements under s. NR 538.22 .

(4)   Uses for category 2 industrial byproducts. Category 2 industrial byproducts may be used for any of the beneficial uses described under s. NR 538.10 (1) to (13) .

(5)   Uses for category 3 industrial byproducts. Category 3 industrial byproducts may be used for any of the beneficial uses described under s. NR 538.10 (1) to (8) and (11) .

(6)   Uses for category 4 industrial byproducts. Category 4 industrial byproducts may be used for any of the beneficial uses described under s. NR 538.10 (1) to (6) .

(7)   Uses for category 5 industrial byproducts. Category 5 industrial byproducts may be used for any of the beneficial uses described under s. NR 538.10 (1) to (4) .

History: Cr. Register, December, 1997, No. 504 , eff. 1-1-98; CR 05-020 : am. (2) (b), r. (2) (d), cr. (2) (br) Register January 2006 No. 601 , eff. 2-1-06; correction in (3), (4) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register May 2006 No. 605 ; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650 .

Note

ACI 229R-94 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 19150, Detroit, Michigan 48219-0150. Copies of this report are also available for inspection at the offices of 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 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 Section NR 720.19 was repealed. Microsoft Windows NT 6.1.7601 Service Pack 1