Section NR 538.18 - Public participation(1) NOTIFICATION. Except as provided in sub. (2), no person may initiate a beneficial use project where the volume of the industrial byproduct to be used is greater than 30,000 cubic yards, or construct or operate a permanent or temporary storage facility with a design capacity greater than 30,000 cubic yards, prior to the person giving notice to the affected public and providing for adequate public participation. Unless other forms of public notification and involvement are approved by the department in writing, the notice and public participation process provided by the person intending to initiate a beneficial use project or storage facility shall include, at a minimum, all of the following: Note: Sub. (1) (intro.) is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(1) NOTIFICATION. Except as provided in sub. (2), no person may initiate a beneficial use project where the volume of the industrial byproduct to be used is greater than 30,000 cubic yards, or construct or operate a storage facility with a design capacity greater than 30,000 cubic yards, prior to the person giving notice to the affected public and providing for adequate public participation. Unless other forms of public notification and involvement are approved by the department, the notice and public participation process provided by the person intending to initiate a beneficial use project or storage facility shall include, at a minimum, the following: (a) Placing a public notice in the local newspaper at least 30 business days prior to initiating an industrial byproduct beneficial use project or storage facility, specifying the nature of the beneficial use project or storage facility, including the type and amount of the material to be used or stored, how and where the material will be used, the time frame of the project or storage facility operation, that the person intending to initiate the beneficial use project or storage facility may hold a public informational meeting either electively or if requested, and a contact person for the public to request a meeting. Note: Par. (a) is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(a) Placing a public notice in the local newspaper at least 30 business days prior to initiating an industrial byproduct beneficial use project or storage facility, specifying the nature of the beneficial use project or storage facility, including the type and amount of the material to be used or stored, how and where the material will be used, the time frame of the project or storage facility operation, that the person intending to initiate the beneficial use project or storage facility may hold a public informational meeting, and a contact person for the public to request a meeting. Note: The public informational meeting is not considered an informational hearing under s. 289.26, Stats., even if department staff elect to participate.
Note: Par. (a) (Note) is created eff. 11-1-20 by CR 19-080.
(b) Holding a public informational meeting, if requested by the public, at which details of the project can be discussed. Department staff may participate in the meeting. (2) EXEMPTIONS. (a) The following beneficial use projects are exempt from the public participation requirements under this section: 1. Beneficial uses described under s. NR 538.10(1), (3), (4), and (5). Note: Subd. 1. is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
1. Beneficial use of category 1 industrial byproducts.2. Wisconsin department of transportation beneficial use projects that were addressed in the department of transportation's environmental review process.3. Beneficial use projects at facilities licensed under chs. NR 500 to 538.4. Beneficial uses described under s. NR 538.10(1) to (4). Note: Subd. 4. is repealed eff. 11-1-20 by CR 19-080.
(b) The following beneficial use storage facilities are exempt from the public participation requirements under this section: 1. Storage facilities located on the property where the industrial byproducts are generated. Note: Subd. 1. is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
1. Storage facilities that are located on the property where the industrial byproducts are generated2. Storage facilities that are licensed under ch. NR 502.3. Municipal maintenance and storage facilities under s. NR 538.16(1) (b) 3.Note: Subd. 3. is shown as repealed and recreated eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
3. Storage facilities for category 1 industrial byproducts.Wis. Admin. Code Department of Natural Resources § NR 538.18
Cr. Register, December, 1997, No. 504, eff. 1-1-98; correction in (2) (a) 3. made under s. 13.92(4) (b) 7, Stats., Register February 2010 No. 650.Amended by, CR 19-080: am. (1) (intro.), (a), r. and recr. (2) (a) 1., r. (2) (a) 4., am. (2) (b) 1., r. and recr. (2) (b) 3. Register May 2020 No. 773, eff. 6/1/2020