Section NR 538.14 - Reporting(1) INITIAL CERTIFICATION. Prior to beneficial use of industrial byproducts under this chapter, or the establishment of a non-exempt storage facility, each generator, non-exempt storage facility operator, or the generator's designee, shall submit an initial certification form to the department. An initial certification form shall be submitted prior to beneficial use in accordance with this chapter for any industrial byproduct not previously approved for eligible uses, for any industrial byproduct for which the generation process has changed, or for the establishment of a storage facility for industrial byproducts. The initial certification form shall include all of the following information: (a) The name and address of the generator or storage facility operator.(b) The name, address, and telephone number of the designated generator or storage facility operator contact.(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process that generated the material and an estimate of the volume that may be made available for beneficial use on an annual basis.(d) Initial byproduct characterization results as required under s. NR 538.06 (1) to (3), including a listing of the eligible uses of each industrial byproduct to be beneficially used or stored for beneficial use in accordance with s. NR 538.10 and ch. NR 538 Appendix, Tables 1 to 3. Documentation, including test results supporting the eligible use determinations, shall be included. Non-exempt storage facilities under s. NR 538.16 (1) (a) shall provide the name and address of the generators of the industrial byproducts to be stored unless the storage facility is located at the same address as the industrial byproduct generating facility.(e) Authorization for Wisconsin department of natural resources staff to conduct inspections of the facilities generating industrial byproducts being beneficially used under this chapter or storage facilities for those industrial byproducts and collect samples to verify compliance with this chapter.(f) Certification by each generator, or the generator's designee, and each storage facility operator, or the operator's designee, that the information on the form is true and accurate, and that the performance standards of s. NR 538.04 will be met. Note: Copies of the initial certification form may be obtained from the department of natural resources, bureau of waste management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
(2) RECHARACTERIZATION. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a non-exempt storage facility for industrial byproducts as required under s. NR 538.16 (1) (a), or the designee of the generator or operator, shall submit recertification information used to determine the eligible use of each industrial byproduct, electronically or on a form supplied by the department, every 4 years or after a process change in accordance with s. NR 538.06 (5). The recertification form shall be submitted to the department no later than 60 days following the receipt of the analytical testing results which indicate a potential reassignment of the eligible uses for any industrial byproduct. Analytical testing results that confirm the eligible uses assigned during the initial certification or the previous recharacterization may be submitted with the annual certification under sub. (3). The recertification form shall include all of the following information:(a) The name and address of the generator or storage facility operator.(b) The name, address, and telephone number of the designated generator or storage facility operator contact.(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process and location of the generating facility.(d) Documentation, including analytical testing results, supporting the eligible use classifications as specified under s. NR 538.08.(e) Certification by the generator, or the generator's designee, or the storage facility operator, or the operator's designee, that the information on the form is true and accurate.(3) ANNUAL CERTIFICATION. Each generator of industrial byproducts that have been beneficially used under this chapter, operator of a non-exempt storage facility for industrial byproducts as required under s. NR 538.16 (1) (a), or the generator's or operator's designee, shall submit an annual certification, electronically or on a form supplied by the department, that documents the amount of material beneficially used for each eligible use in the previous calendar year and confirms the proper use of each industrial byproduct. The certification form shall be submitted no later than April 1 of the year following the reporting period. The annual certification form shall include all of the following information:(a) The name and address of the generator or storage facility operator.(b) The name, address, and telephone number of the designated generator or storage facility operator contact.(c) A description of each industrial byproduct intended for beneficial use or storage that clearly identifies the process and location of the generating facility.(d) The volume of each industrial byproduct that was beneficially used during the reporting period, identified by types of beneficial uses under s. NR 538.10. If the industrial byproduct was given or sold to an entity other than the generator for subsequent use or distribution, the name and address of the recipient shall be listed along with the volume the recipient received and the intended beneficial uses.(e) For non-exempt storage facilities, the volume of each industrial byproduct that was in storage as of December 31 of the reporting year.(f) Documentation, including test results, supporting any required recharacterization as specified in s. NR 538.06 (5). A non-exempt storage facility under s. NR 538.16 (1) (a) shall provide the name and address of the generators of the industrial byproducts to be stored unless the storage facility is located at the industrial byproduct generating facility.(g) A summary of the performance, problems, and maintenance associated with any storage facilities in accordance with s. NR 538.16 (1) (a) 2.(h) Certification by the generator, or the generator's designee, or storage facility operator, or the operator's designee, that the information on the form is true and accurate, and that the performance standards of s. NR 538.04 have been met. Note: Copies of the annual certification form may be obtained from the department of natural resources, bureau of waste management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
(4) EXEMPTION. Subsection (2) does not apply if the volume of the generator's industrial byproducts beneficially used, or stored for future use, during the reporting period was less than 1,000 cubic yards.(5) NOTIFICATION. Each generator, or a person designated by the generator such as a broker, shall submit written notification to the department prior to initiating a project when required under ss. NR 538.10 (2) and NR 538.12. All of the following information shall be included in the notification: (a) The name, address, and phone number of the contact for the project.(b) The location of the project and a site description, including a topographic or orthophoto map, township and range to the quarter section, and land use information. In addition, the applicant shall submit geographic information system locational information based on no fewer than 6 geographically informative points that define the limits of industrial byproduct placement. These points shall be collected using the North American Datum, NAD83 (1991). For each point, the longitude and latitude shall be referenced to the 5th decimal degree. The date, method, and tools used to collect locational information for each point shall also be included. Other methods of geolocation that provide similar or better accuracy are also acceptable, subject to approval by the department.(c) The approximate volume of industrial byproduct anticipated to be used in the project.(d) The anticipated start and end dates for the project and the timing of any phasing.(e) Identification of the types and generators of the industrial byproducts to be used and the eligible uses of these materials.(f) Information demonstrating that the proposed project will meet the performance standards and beneficial use specifications of this chapter.(g) For those beneficial uses listed in s. NR 538.10 (2) that exceed 5,000 cubic yards, the method and the data used to determine the groundwater separation distance.(h) A copy of the property owner notification form required under s. NR 538.22.(i) For those beneficial uses subject to the public notification requirement under s. NR 538.18, proof that a public notice was placed in the local newspaper in accordance with s. NR 538.18 (1) (a). Note: Proof of a public notice may include a copy of the notice clipped from the newspaper along with the date it was published or any other notification verifying that an order for the public notice was placed with the newspaper and the expected date of publication.
(6) CONCURRENCE. For proposed projects that require submission of a written notification, the department shall reply with a written concurrence within 10 business days provided the applicant meets the applicable criteria of this chapter. If the department determines that the proposal does not demonstrate that the project will meet the applicable criteria, the department shall provide a written notice of non-concurrence within 10 business days, noting any deficiencies and allowing the applicant an opportunity to correct them or provide additional information. If the department does not respond to the notification within 10 business days, concurrence is considered granted.(7) MODIFICATIONS. Any generator, or the generator's designee, that wishes to modify a project for which the department granted concurrence under sub. (6) shall notify the department in writing describing the nature of the modification requested. In determining if a modification is required, the applicant shall consider if the proposed modification alters the original project footprint, substantially increases the volume of the byproduct material, or has the potential to affect any of the performance standards under s. NR 538.04. The department shall review the modification request and notify the applicant in writing if submission of a revised notification under sub. (5) is required. If the department does not respond to the notification within 10 business days, the modification is deemed complete and concurrence is considered granted.(8) RECORD KEEPING. The generator, or the generator's designee, shall maintain records of where industrial byproducts have been utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10 (2). These records shall be maintained and be accessible to department staff upon request for 5 years after the use of the industrial byproduct.Wis. Admin. Code Department of Natural Resources § NR 538.14
Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (4) (intro.), cr. (4) (f) Register January 2006 No. 601, eff. 2-1-06.Amended by, CR 19-080: r. and recr. Register May 2020 No. 773, eff. 11/1/2020Amended by, correction in (1) (d), (2) (intro.), (d), (3) (intro.) made under s. 13.92(4) (b) 7., Stats., Register February 2021 No. 782, eff. 3/1/2021Amended by, correction in (3) (f), (g) made under s. 13.92 (4) (b) 7., Stats., Register August 2022 No. 800, eff. 9/1/2022