Section NR 538.03 - Definitions In this chapter, the following definitions as well as the definitions in ch. 289, Stats., and s. NR 500.03 are applicable:
(1) "Base aggregates" means specified or selected material of designated thickness placed on a subgrade to support a pavement or other structure.(2) "Beneficial use" means the utilization of an industrial byproduct in a productive manner.(3) "Encapsulated use" means a use in which the measurable leaching, emissions or decomposition characteristics of the industrial byproduct are substantially eliminated by binding them into a solid matrix.(4) "Excess quantities" means the use of industrial byproducts in volumes that are greater than necessary for the specific project purpose.(5) "Flue gas desulfurization material" or "FGD" means the material recovered from air pollution control systems that capture sulfur dioxide emissions from energy recovery facilities. "Flue gas desulfurization material" includes flue gas desulfurization gypsum produced as a byproduct of a lime or limestone-based reagent wet air pollution control scrubbing process that includes a forced oxidation system resulting in commercial grade calcium sulfate compound. "Flue gas desulfurization material" also includes flue gas desulfurization byproduct material generated in a dry or semi-dry air quality control system, provided the system includes separate coal combustion fly ash capture by means of an electrostatic precipitator or baghouse filter.(6) "Foundry sand" means spent silica-based molding and core sand resulting from metal casting processes, including dry baghouse and wet collector sand fines collected at the foundry during the metal casting process.(6m) "Generator" means any person whose act or process produces an industrial byproduct as identified, listed, or determined by the department under sub. (8).(7) "Impervious surface" means a barrier layer designed to prevent percolation or contain liquids that have come into contact with the byproduct consisting of either a minimum 3 inches thick of asphalt or concrete, a minimum 2 foot thick clay layer constructed in accordance with s. NR 504.06(2) (a) and (f), a geomembrane layer constructed in accordance with s. NR 504.07(5), or other impervious surface designs approved in writing by the department.(8)(a) "Industrial byproduct" means, subject to par. (b), papermill sludge; combustion ash including coal combustion residuals such as fly ash, bottom ash, boiler slag, and material captured in flue gas desulfurization systems; ferrous, steel and aluminum foundry sand; aluminum slag; byproducts from the production of lime including lime kiln dust; or non-hazardous solid waste with similar characteristics as determined by the department.(b) "Industrial byproduct" includes only materials that have been generated as a byproduct of an industrial process and possess consistent physical and chemical properties.(c) "Industrial byproduct" does not include any of the following:1. Post-consumer waste or the byproducts of combusting or processing post-consumer waste.2. Ash from solid waste incinerators.3. Slag generated by the production or processing of iron or steel that is managed as an item of value in a controlled manner and not discarded.4. Material that was previously disposed or landfilled. Note: Materials excluded from the definition of industrial byproducts may be beneficially reused if approved in writing by the department under s. NR 500.08(5) (a) and s. 289.43, Stats., except iron or steel foundry slag which is exempted under ss. 289.01(33) and 287.29, Stats.
(9) "Lime kiln dust" means the material recovered from air pollution control systems that capture emissions from lime kilns.(10) "Productive manner" means the use of an industrial byproduct that meets all of the following criteria: (a) Provides a functional benefit.(b) Substitutes for the use of a virgin material that must be otherwise obtained.(c) Meets relevant product specifications, regulatory standards or design standards when available, and, when such standards are not available, is not used in excess quantities.(11) "Representative sample" means any sample of industrial byproduct material collected for analysis that reliably exhibits the average properties of the byproduct production stream.(12) "Residential area" means properties that are in an area zoned as residential, are in an area planned for residential zoning under a master plan approved or adopted by a local municipal authority, or in an area within 100 feet of a human residence.(12m) "Select foundry sand" means foundry sand, as defined under sub. (6), that is comprised of either spent green molding sand, resin bonded molding sand, or core sand with primary components consisting of combinations of silica sand, bentonite clay, and carbonaceous additives such as bituminous coal, gilsonite, and cellulose. "Select foundry sand" may include nominal quantities of spent molding aides such as riser sleeves and ceramic filters but may not include uncured chemically bonded sands or debris beyond trace quantities. "Select foundry sand" must also have been determined to contain less than the concentration specified for the parameters listed in ch. NR 538 Appendix, Table 1, Column B to meet this definition.(13) "Soil or plant additive" means a substance, intended for application to seeds, soil, or plants, that is designed for use or claimed to have value in promoting or sustaining plant growth, improving crop yield or quality, promoting or sustaining the fertility of the soil, or favorably modifying the structural, physical, or biological properties of the soil for agronomic or horticultural purposes and used in accordance with subch. III of ch. ATCP 40 or ch. ATCP 41.(14) "Subgrade" means the uppermost soil bearing surface upon which base aggregates are placed.(15) "Subgrade fill" means the layer or layers of industrial byproduct material placed to achieve a subgrade.(16) "Topsoil" has the meaning given in s. NR 500.03(236). Note: This section is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
NR 538.03 Definitions. The following definitions as well as the definitions in ch. 289, Stats., and s. NR 500.03 are applicable to the terms used in this chapter unless the context requires otherwise.
(1) "Base course" means the layer or layers of specified or selected material of designated thickness placed on a subbase or subgrade to support a pavement or other structure.(2) "Confined geotechnical fill" means a fill that is covered by an impervious surface such as concrete or asphalt.(3) "Flue gas desulfurization" means the material recovered from air pollution control systems that capture sulfur dioxide emissions from energy recovery facilities.(4) "Industrial byproduct" means papermill sludge, ash from energy recovery including coal ash and slag, material captured in flue gas desulfurization systems, ferrous and steel foundry excess system sand and slag, lime kiln dust or non-hazardous solid waste with similar characteristics as determined by the department. Note: Iron and steel process slags that meet the requirements in ss. 287.29 and 289.01(33), Stats., are not subject to regulation as an industrial byproduct under NR 538. See 2017 Wis. Act 285.
(5) "Lime kiln dust" means the material recovered for air pollution control systems that capture emissions from lime kilns.(6) Residential area" means properties that are zoned as residential, are in areas planned for residential zoning under a master plan approved or adopted by a local municipal authority or an area within 100 feet of a human residence. (7) "Subbase" means the layer or layers of specified or selected material placed on a subgrade to support a base course. (8) "Subgrade" means the top soil surface upon which a subbase or base course are placed. (9) "Subgrade fill" means the layer or layers of material placed above the natural ground surface to achieve a subgrade. (10) "Unconfined geotechnical fill" means a fill that is covered by native soils.Wis. Admin. Code Department of Natural Resources § NR 538.03
Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: renum. (2) to (6) to be (4) and (6) to (9) and am. (4) and (6), cr. (2), (3), (5) and (10) Register January 2006 No. 601, eff. 2-1-06.Amended by, correction in (4) (Note) made under s. 13.92(4) (b) 7., Stats., Register September 2018 No. 753, eff. 10/1/2018Amended by, CR 19-080: r. and recr. Register May 2020 No. 773, eff. 11/1/2020