Section NR 538.04 - Performance standards No person may store, handle or beneficially use an industrial byproduct in a manner that may cause any of the following:
(1) A significant adverse impact on wetland water quality standards as provided under ch. NR 103. Note: Sub. (1) is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(1) A significant adverse impact on wetlands.(2) A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats.(3) A detrimental effect on any surface water quality standard as provided in s. NR 102.03(7). Note: Sub. (3) is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(3) A detrimental effect on any surface water.(4) A detrimental effect on groundwater quality or will cause or exacerbate an attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140.(5) The migration and concentration of explosive gases in any structures, or in the soils or air at or beyond the project property boundary in excess of 25% of the lower explosive limit for the gases at any time.(6) The emissions of any hazardous air contaminant exceeding the limitations for those substances contained in s. NR 445.03. Note: The emissions of particulates and volatile organic compounds are regulated under s. NR 415.03 and chs. NR 419 to 424.
(7) A discharge of pollutants carried by storm water exceeding any applicable permit requirements or standards under ch. NR 216. Note: Sub. (7) is created eff. 11-1-20 by CR 19-080.
Wis. Admin. Code Department of Natural Resources NR 538.04
Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (2) Register January 2006 No. 601, eff. 2-1-06.Amended by, CR 19-080: am. (1), (3), cr. (7) Register May 2020 No. 773, eff. 6/1/2020The placement of materials in a floodplain where an obstruction to flood flows or an increase in regional flood event or an adverse affect upon a drainage course is regulated under ch. NR 116.