Section NR 538.12 - Additional criteria for the beneficial use of industrial byproducts as geotechnical fill(1) All geotechnical fill uses shall comply with the performance standards under s. NR 538.04 and the applicable criteria in this section.(2) Industrial byproducts that are utilized for any of the uses under s. NR 538.10(2) shall be placed in accordance with all of the following: (a) Industrial byproducts may not be placed within areas of permanent standing water or areas that need to be dewatered prior to placement due to groundwater infiltration.(b) For those beneficial uses listed in s. NR 538.10(2) that use industrial byproducts designated by the department as select foundry sand under s. NR 538.06(3) (f) or that do not exceed the concentrations specified in ch. NR 538 Appendix, Table 1, Column A, there shall be a minimum separation distance of 3 feet between the industrial byproduct and the groundwater table at the time of placement, except geotechnical fill used for nonmetallic mine reclamation projects under s. NR 538.10(2) (f), which shall maintain a minimum separation distance as determined by s. NR 538.10(2) (f) 5.(c) For those beneficial uses listed in s. NR 538.10(2) that use industrial byproducts, excluding select foundry sand, that exceed the concentrations specified in ch. NR 538 Appendix, Table 1, Column A, but are less than the concentrations specified in ch. NR 538 Appendix, Table 1, Column B, there shall be a minimum separation distance of 5 feet between the industrial byproducts and the groundwater table at the time the material is placed.(d) Industrial byproducts may not be placed within an area that meets the definition of a floodplain under s. NR 116.03(16) or below the ordinary high-water mark within any navigable waters as defined under s. NR 115.03(6) without prior written approval from the department.(e) Industrial byproducts used as geotechnical fill as part of the reclamation of nonmetallic mine sites in accordance with s. NR 538.10(2) (f) may not exceed the concentrations in s. NR 538 Appendix, Table 1, Column A unless designated by the department as select foundry sand under s. NR 538.06(3) (f).(3) Industrial byproducts that are used for the beneficial uses listed in s. NR 538.10(2) and exceed 5,000 cubic yards may not be placed closer than 100 feet from a private or public water well. Prior written notification to the department in accordance with s. NR 538.14(5) and concurrence by the department under s. NR 538.14(6) is required for separation distances less than 100 feet. Concurrence by the department shall be based on site-specific conditions such as well construction and ground water flow direction.(4) Beneficial use projects utilizing fill materials under s. NR 538.10(2) shall be completed, including the placement of final cover, within 12 months of first accepting industrial byproduct material. This period may be extended to no more than 16 months provided the site is adequately secured from public access by means of exclusion fencing and signage or other equally effective means as approved by the department in writing. If the beneficial use project requires more than 12 months to complete, or 16 months to complete if the site is adequately secured, the project shall be planned in phases with each phase of filling completed and interim or final cover placed prior to initiation of filling the next phase. Prior to use of an alternate cover, the generator, or the generator's designee, shall provide a written request to the department. A written approval by the department may be granted based upon site-specific conditions and good engineering practices.(5) Confining surfaces and soil cover in beneficial use projects utilizing fill materials under s. NR 538.10(2) shall be maintained as designed. Fill materials exposed by erosion, excavation, or weathering shall be covered in accordance with the original design, or as approved by the department, as soon as practical. Requests for modification of the final cover shall be made in accordance with s. NR 538.14(7), and excavation of fill material shall be performed in accordance with s. NR 538.24.(6) Beneficial use projects proposing utilization of 100,000 cubic yards or more of geotechnical fill materials under s. NR 538.10(2) shall require a request to the department by the generator, or the generator's designee, for a case-specific approval in accordance with s. NR 538.09.(7) All vegetated soil covers over geotechnical fill materials under s. NR 538.10(2) shall utilize topsoil in sufficient quantities and of sufficient quality to support a vegetative cover that prevents erosion.(8) All geotechnical fill projects under s. NR 538.10(2) shall be conducted in a manner to minimize windblown dust, odor, tracking, and spillage of the industrial byproduct and not to cause nuisance conditions.Note: This section is shown as repealed and recreated eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
NR 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. 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.
(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. Note: Section NR 720.19 was repealed.
(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).Wis. Admin. Code Department of Natural Resources § NR 538.12
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.Amended by, correction in (3)(Note) made under s. 13.92(4) (b) 7, Stats.,Register June 2015 No. 714, eff.7/1/2015.Amended by, CR 19-080: r. and recr. Register May 2020 No. 773, eff. 11/1/2020