(1) GENERAL. The following facilities are
exempt from all requirements of chs. NR 500 to 538:
(a) Facilities used for the disposal of solid
waste from a single family or household on the property where it is
generated.
(b) Riprapping projects
using inert solid waste materials approved by the department under s. 30.12,
Stats., or in submerged shorelands in Lake Michigan, the title to which has
been granted by the state to a municipality.
(2) OTHER FACILITIES. The following
facilities shall be established in conformance with the locational requirements
of s. NR 504.04 (3) (c) and (4) (a) to (f) and shall be operated and maintained
in a nuisance-free and aesthetic manner but are exempt from licensing and the
requirements of chs. NR 500 to 538:
(a)
Facilities where only clean soil, brick, building stone, concrete or reinforced
concrete not painted with lead-based paint, broken pavement, and wood not
treated or painted with preservatives or lead-based paint are
disposed.
(b) Facilities for the
exclusive disposal of spoils from sand, gravel or stone and crushed stone
quarry operations and similar nonmetallic earth materials.
(c) Facilities for the disposal of wood
residue from a saw mill, debarker or equivalent industry which produces less
than 5,000 board feet of lumber per year or equivalent and the total disposal
facility volume is less than 500 cubic yards of wood residue.
(d) Facilities where railroad ties or utility
poles are used as structural timbers for landscaping purposes in accordance
with generally accepted practices.
(e) Facilities where untreated, unpainted
wood wastes including wood chips, bark, and sawdust are handled and stored
properly and used for landscaping or trail surface course purposes in
accordance with generally accepted practices.
(f) Facilities where glass is processed or
used as an aggregate replacement in asphalt pavement and subbase material under
roadways subject to the following:
1. Glass
may not be used in areas where the glass will be exposed and may pose a safety
threat or in areas that will be frequently disturbed.
2. The amount of contaminants present with
the glass such as labels, caps and metal rings shall be minimized to the extent
necessary to prevent interference with the performance of the asphalt or
roadbed aggregate. Asphalt and roadbed aggregate containing glass shall be
designed and used in accordance with generally accepted engineering practice.
The glass shall have sufficient properties to perform the function of the
aggregates it replaces. The use of glass particles greater than 1/2 inch in
size requires written department approval.
3. Glass shall be collected and stored in a
nuisance free manner. Glass stockpiles shall have controlled access to prevent
the general public from coming in contact with the glass piles. The number of
stockpiles shall be kept to a minimum and may not be spread over a large area.
Stockpiles shall be placed on a hard, all weather surface such as asphalt or
concrete.
(3)
DREDGED MATERIAL EXEMPTIONS. The following facilities are exempt from the
licensing and plan review requirements of chs. NR 500 to 538 but shall be
developed in accordance with the following requirements:
(a) Except as provided under s. NR 500.08(3m), facilities for the disposal of nonhazardous dredged material consisting
of less than 3000 cubic yards from Lake Michigan, Lake Superior, the Wisconsin
river, the Sheboygan river, the Milwaukee river, the Brule and Menominee
rivers, the Fox river, the Mississippi river, or from any inland lakes or ponds
treated with arsenicals provided the facility complies with the performance
standards specified in s. NR 504.04 (4).
(b) Facilities for the disposal of
non-hazardous dredged material from rivers not listed in par. (a) provided the
facility complies with the performance standards specified in s. NR 504.04(4).
(c) Facilities for the
disposal of nonhazardous dredged material from inland lakes or ponds that have
not been treated with arsenicals provided the facility complies with the
performance standards specified in s. NR 504.04 (4).
(3m) EXEMPTION FOR MATERIAL DREDGED FROM THE
GREAT LAKES. A facility for the exclusive disposal of material dredged by a
municipality or county or a contractor for a municipality or county from Lake
Michigan, Lake Superior, or bays or harbors adjacent to Lake Michigan or Lake
Superior is exempt from the licensing and plan review requirements under chs.
NR 500 to 538, except for appropriate fees under ch. NR 520, Table 3, if
established and operated in accordance with all of the following requirements:
(a) The department determines that the
dredging and disposal will have a demonstrable economic public benefit, as
defined under s. 281.36 (1) (am), Stats.
(b) The department determines that the
cumulative adverse environmental impact of the dredging and disposal is
insignificant and will not injure public rights or interests, cause
environmental pollution, as defined under s. 299.01 (4), Stats., or result in
material injury to the rights of any riparian owner. To make this
determination, the disposal facility shall comply with the performance
standards under s. NR 504.04 (4) and may not accept hazardous waste,
contaminated sediment from a site regulated under chs. NR 700 to 758, or
sediment with polychlorinated biphenyls regulated under 40 CFR 761.
(c) Except for a disposal facility created
for the purpose of beach nourishment to add, replenish, or prevent erosion of
beach material, the disposal facility is located at least 100 feet from any
wetland or critical habitat area and is outside a floodplain. Beach nourishment
may only be conducted above the ordinary high water mark on a public beach that
has already been noticeably disturbed by human activities such as the
construction of a parking lot, public swimming area, or other improvement and
that has no unique ecological value.
(d) The disposal facility is located at least
100 feet from any water supply well.
(e) The owner of the disposal facility
accepts dredged material for not more than 10 years or in an amount not to
exceed 35,000 cubic yards, whichever occurs first, in accordance with all of
the following:
1. The start of the 10-year
maximum active period of the disposal facility begins upon initial disposal of
dredged material onsite.
2. The
owner of the disposal facility shall submit the dates of initial and all
subsequent disposal of dredged material in the disposal facility, sample
analytical data collected for each source location under par. (n), and the
volume of dredged material during each disposal event to the department within
30 days of each disposal event.
3.
The owner of the disposal facility shall submit a new application prior to any
changes in facility location, boundaries, or design, or changes in the intended
use of the dredged material.
4.
There is not a material adverse change in the contamination of the dredged
material that would be disposed of at the facility and there is not a material
change in the intended use of the dredged material.
(f) The owner of the disposal facility shall
confine the disposal area to as limited a geographic area as is practicable and
maintain a minimum separation distance of 1,300 feet from any other disposal
facility approved under this subsection.
(g) The owner of the disposal facility shall
maintain records of the description and volume of all material disposed of at
the facility and dates of all disposal events. These records shall be
maintained and made accessible to department staff upon request for 15 years
after the initial disposal of dredged material in the facility.
(h) The owner of the disposal facility shall
determine the contaminant characteristics of the dredged material prior to
disposal by conducting sampling and analysis as required under par.
(n).
(i) Except for a disposal
facility created for the purpose of beach nourishment to add, replenish, or
prevent erosion of beach material, the owner of the disposal facility shall
maintain a minimum separation distance of 3 feet between the dredged material
and the seasonal high groundwater table at the time of placement.
(j) Except for a disposal facility created
for the purpose of beach nourishment to add, replenish, or prevent erosion of
beach material or unless the dredged material is used as fill underneath an
impermeable structure or surface, the owner of the disposal facility shall
place final cover over the waste within 90 days after the 10-year period under
par. (e) or attainment of 35,000 cubic yards in volume, whichever is first, in
accordance with all of the following:
1. The
cover shall consist of a minimum of one foot of native soil that includes a
minimum of 6 inches of topsoil to support vegetation. The proposed vegetation
shall be appropriate for the type and quality of topsoil, be compatible with
both native vegetation and the final use, and be capable of providing stability
and preventing erosion of the cover soils and dredged material.
2. Final vegetated slopes may not be steeper
than a 3:1 horizontal to vertical incline.
(k) Except for a disposal facility created
for the purpose of beach nourishment to add, replenish, or prevent erosion of
beach material, the disposal facility shall be operated and maintained to
minimize dust, minimize off-site tracking of soil or dredged material, and
manage storm water runoff as required under chs. NR 151 and 216. An interim
cover capable of preventing erosion, windblown dust, and direct contact with
the dredged material shall be placed over the dredged material in any areas
that do not have final cover and are anticipated to be inactive for more than
90 days.
(l) At least 60 days prior
to beginning disposal under this exemption the municipality or county or the
contractor for the municipality or county shall submit an application on a form
provided by the department requesting an exemption under this section. At a
minimum, the form shall include all of the following information:
1. Address or location by quarter - quarter
section of the disposal site or sites.
2. Name, address, and contact information of
the primary contacts including the proposed disposal facility owner and any
consultants.
3. Name of the person
accepting the dredged material.
4.
Map or aerial image showing the disposal location or locations.
5. Coordinates for the center of the disposal
location or locations.
6. Dates
when dredged material is first to be received at the disposal location or
locations.
7. Approximate total
volume of material to be disposed, description of the dredged material, and
description of source location.
8.
Intended uses of the dredged material.
9. Documentation of all other local, state,
or federal approvals received for the dredging and disposal.
10. The available laboratory analytical data
for samples collected from the dredged material to determine environmental
impact in accordance with par. (n).
11. An explanation of how each of the
requirements in pars. (a) to (k) and (o) will be met.
12. Submittal of the appropriate fees under
ch. NR 520, Table 3.
Note: An application form for requesting an
exemption under this section may be obtained from the Department of Natural
Resources, Waste and Materials Management Program, 101 S. Webster Street, P.O.
Box 7921, Madison, WI 53707-7921, DNRWasteManagement@wisconsin.gov.
(m) If the application
under par. (L) is not complete or any of the requirements are not met, the
department shall issue a written objection to the application with an
explanation. If the department does not provide a written objection to the
application within 30 days of receipt of application and fees by the
department, the applicant may proceed under this exemption. After an objection,
an applicant may resubmit a revised application that addresses the explanation
for objection by the department.
(n) The applicant shall take samples and
analyze the dredged material prior to disposal in accordance with all of the
following:
1. Sampling, sample handling, and
sample analysis to demonstrate compliance with this section shall be performed
in accordance with methods from applicable sources enumerated under ch. NR
149.
2. Sampling shall be performed
as specified under s. NR 347.06 (4) and (5).
3. If previous sampling data or other
available information indicate the possibility of contamination by chemicals
not listed in Table 3, the department may require analysis for those
chemicals.
4. The laboratory
analytical data for samples collected from the dredged material shall include
tables summarizing the analytical data and copies of the laboratory analytical
data sheets for all analyses, a map of the project area showing the specific
locations of sediment sampling sites, and the name and address of the
laboratory that performed the tests. All testing and quality control procedures
shall be described and analytical methods, detection limits, and quantification
limits shall be identified.
5. The
applicant shall collect the appropriate number of samples from the dredged
material capable of yielding data that accurately represent the contaminant
characteristics of the material in accordance with all of the following:
a. Laboratory analytical data from the
dredged material source location may not be more than 5 years old from the date
of application submittal.
b. At a
minimum, the applicant shall follow Table 1 sampling requirements if sampling
is conducted prior to removal of the dredged material from its
source.
c. At a minimum, the
applicant shall follow Table 2 sampling requirements if sampling is conducted
after removal of the dredged material from its source.
d. At a minimum, all samples shall be
analyzed and reported as total concentration in milligrams/kilogram dry weight
for the parameters listed in Table 3. Sample collection and evaluation shall be
performed by or under the supervision of an environmental professional.
Note: As defined under s. NR 528.03 (7),
"environmental professional" means a professional engineer registered pursuant
to s. 443.04, Stats., or a professional soil scientist, geologist or
hydrologist licensed under ch. 470, Stats.
Table 1
Sampling requirements when conducted prior to removal
of the dredged material from its source
|
TOTAL VOLUME PLANNED FOR DISPOSAL IN CUBIC
YARDS
|
MINIMUM NUMBER OF CORE
SAMPLES1
|
|
Less than 3,000
|
1
|
|
3,000 - 9,999
|
3
|
|
10,000 - 19,999
|
4
|
|
20,000 - 35,000
|
6
|
1 At least one sample from each
distinct layer or strata observed in each core of the material to be dredged,
or if no strata formation exists, then at least 2 samples from each core shall
be analyzed for the required chemicals and characteristics. Distinct layers or
strata may be identified by differences in grain size, color, texture, and
content such as organic matter, sands, and silts along the length of the
core.
Table 2
SAMPLING REQUIREMENTS WHEN CONDUCTED AFTER REMOVAL OF
THE DREDGED MATERIAL FROM ITS SOURCE
|
TOTAL VOLUME PLANNED FOR DISPOSAL IN CUBIC
YARDS
|
MINIMUM NUMBER OF SAMPLES
|
|
Less than 600
|
1 sample/200 cubic yards, minimum of 2
samples
|
|
600 2,999
|
6
|
|
3,000 - 14,999
|
10
|
|
15,000 - 35,000
|
15
|
Table 3
ANALYSES TO BE PERFORMED ON SAMPLES
|
ORGANICS
|
INORGANIC - METALS |
OTHER INORGANICS
|
|
Oil & Grease
|
Arsenic |
Particle Size Analysis - Sieve and Hydrometer
Analysis
|
|
Dioxin for Lake Superior Projects
|
Barium |
Ammonia-Nitrogen
|
|
Chlordane
|
Cadmium |
Nitrate + Nitrite
|
|
Dichloro-diphenyl- trichloroethane (DDT)
|
Chromium (total) |
Total Kjeldahl Nitrogen
|
|
Dichlorodiphenyldic- hloroethan (DDD)
|
Copper |
Total Phosphorus
|
|
Dichlorodiphenyl- dichloroethylene (DDE)
|
Lead |
|
|
Polychlorinated Biphenyls (PCBs) (Total)
|
Manganese |
|
|
Total Organic Carbon
|
Mercury |
|
|
Polycyclic Aromatic Hydrocarbons (PAHs):
|
Nickel
|
|
|
Selenium
|
|
Acenaphthlyene
Acenapthene
Anthracene
Benzo (a) anthracene
Benzo (a) pyrene
Benzo (e) pyrene
Benzo (b) fluoranthene Benzo (g,h,i)
perylene
Benzo (k) fluoranthene
Chrysene
Dibenzo (a,h) anthracene
Fluoranthene
Fluorene
Indeno (1,2,3-cd) pyrene
Naphthalene
Phenanthrene
Pyrene
2-Methylnapthalene | | |
(o) The owner of a disposal facility created
for the purpose of beach nourishment to add, replenish, or prevent erosion of
beach material shall also comply with all of the following:
1. Sampling and analysis requirements under
s. NR 347.06 (3) (d).
2. Dredged
material grain-size analysis under s. NR 347.07 (4).
(4) EXEMPTIONS FROM
SOLID WASTE RULES. Exemptions from the requirements of chs. NR 500 to 538 may
be granted in writing by the department in special cases except as otherwise
provided. A person may apply for an exemption by providing the department with
a written request along with the appropriate documentation that demonstrates
that the proposal will not cause environmental pollution as defined under s.
299.01 (4), Stats. The department shall take into account such factors as the
population of the area being served, the amount of waste being generated, the
geologic and hydrogeologic conditions at the facility, the design of the
facility, the operational history of the facility, the physical and chemical
characteristics of the waste, and any other information that may be
appropriate. The department shall review and make a written determination on
the exemption request within 65 business days after receipt of a complete
request and the appropriate review fee under ch. NR 520 unless a different time
period is provided by law. An exemption may not be granted if it will result in
noncompliance with the minimum federal requirements under Subtitle D.
(5) BENEFICIAL REUSE.
(a) The department may grant exemptions from
the requirements of ch. 289, Stats., for the purpose of allowing or encouraging
the recycling of solid wastes. Any exemptions granted under this section shall
be issued in writing in accordance with the requirements of s. 289.43,
Stats.
(b) Facilities where wood
ash is stored, handled, transported or landspread provided either of the
following is met:
1. Wood ash is derived from
the combustion of untreated wood with no additives, preservatives or other
alterations other than kiln drying from generators who produce 10 dry tons or
less of ash per year and is managed in a nuisance free manner.
2. Wood ash is managed in accordance with s.
NR 518.04 (6).
(6) REMEDIATION ACTION EXEMPTION. The
following facilities are exempt from solid waste program regulatory
requirements under ch. 289, Stats., and chs. NR 500 to 538:
(a) Facilities for the treatment, storage or
disposal of solid waste which is excavated for the primary purpose of
conducting a site investigation or implementing an interim or remedial action
in compliance with the requirements of chs. NR 700 to 726 and which is returned
to the same property from which it was excavated in compliance with the
requirements of ch. NR 718; and
(b)
Facilities for the treatment, storage or disposal of excavated contaminated
soil which are operated in compliance with the requirements of ch. NR
718.
