Current through August 26, 2024
All uses of industrial byproducts shall meet all applicable
structural and physical specifications and generally accepted engineering
practices for the use. Under this chapter, the eligible beneficial uses of
industrial byproducts that may be exempt from licensing under s.
289.31, Stats.,
and the regulatory requirements under chs. NR 500 to 528 include any of the
following:
(1) CONTAINED OR CONVERTED
USES. Uses that are fully contained within a licensed,
engineered disposal facility, are encapsulated within a matrix material, are
burned for fuel, or are converted into a product, including any of the
following:
(a) Encapsulated uses. Products
that may meet these criteria include cement, lightweight aggregate, structural
or ornamental concrete or ceramic materials, portland cement concrete pavement,
asphaltic concrete pavement, slurry seals, roofing materials, plastics, paint,
fiberglass, mineral wool, wallboard, plaster and other products approved in
writing by the department.
(b)
Agents for physical or chemical stabilization, solidification or other
treatment of solid waste that is to be disposed of at a licensed, engineered
disposal facility or utilized in some other final use approved in writing by
the department.
(c) Supplemental
material used for fuel or to assist air pollution control during the process of
combustion for energy production.
(d) Daily cover or internal structures at
licensed, approved landfills having a liner and leachate collection system. The
industrial byproducts used for this purpose may not contain free liquids. The
industrial byproducts beneficially used at landfills for alternate daily cover
in accordance with s. NR 506.055 may contain no more than 15% silt and clay
sized materials as determined by their P200 content and may not be placed in
layers greater than 6 inches thick. Any uses under this paragraph shall be
subject to the conditions of the plan of operation and any other applicable
solid waste approvals associated with the landfill.
(2) GEOTECHNICAL FILL. Geotechnical fill
material meeting the project criteria and uses specified in this subsection and
s. NR 538.12 where applicable. If more than 5,000 cubic yards are to be used in
an individual project, prior written notification in accordance with s. NR 538.14 (5) and concurrence by the department under s. NR 538.14 (6) are
required unless the specific concurrence requirements in par. (b) or (f) apply.
Industrial byproducts shall be used in accordance with best management
practices. The criteria and uses under this subsection are as follows:
(a)
Subgrade fill for the
construction of commercial, industrial or non-residential institutional
buildings. Industrial byproducts used as subgrade fill for the
construction of commercial, industrial, or non-residential institutional
buildings shall have placement of the concrete floor or frostwalls completed as
soon as practical after placement of the fill material in accordance with s. NR 538.12 (4). Any area where industrial byproducts are not directly beneath the
building shall be sloped to prevent ponding of water, covered with 2 feet of
native soil including a minimum of 4 inches of topsoil, and seeded or otherwise
covered as approved by the department in writing. Cover shall be placed over
fill material as soon as practical after byproduct placement. Final vegetated
slopes may not be steeper than a 3:1 horizontal to vertical incline. The use of
industrial byproducts as subgrade fill in the construction of residential
buildings is prohibited.
(b)
Subgrade fill for the construction of portland cement concrete or
asphaltic concrete paved infrastructure. Industrial byproducts used
for subgrade fill for the construction of portland cement or asphaltic concrete
paved infrastructure including parking lots, access roads, and private roadways
shall have placement of the pavement completed as soon as practical after
placement of the fill material. Any area where industrial byproducts are not
directly beneath the pavement structure shall be sloped to prevent ponding of
water, covered with 2 feet of native soil including a minimum of 4 inches of
topsoil, and seeded as soon after byproduct placement as is practical or
otherwise covered as approved by the department in writing. Prior written
notification in accordance with s. NR 538.14 (5) and written concurrence by the
department under s. NR 538.14 (6) are required for fills that do not meet the
criteria in this paragraph. The use of industrial byproducts as paved lot fill
is prohibited in residential areas.
(c)
Geotechnical fill material with a
soil or gravel cover. Industrial byproducts beneficially used as
geotechnical fill with a soil or gravel cover for sight, sound, safety and
structural berms, public recreation trails, construction of sporting venues,
limited use parking areas, access lanes, utility trenches not covered by a
paved surface in accordance with sub. (3) (c), or other beneficial uses
demonstrated to be acceptable by the department shall be sloped to prevent
ponding of water, covered with 2 feet of native soils, including a minimum of 4
inches of topsoil or other cover approved by the department in writing, and
seeded as soon as practical after placement of the industrial byproducts. Final
vegetated slopes may not be steeper than a 3:1 horizontal to vertical incline.
Gravel or other granular material may be substituted for topsoil if necessary
for the specified use, provided the total fill cover is at least 2 feet. The
beneficial use of industrial byproducts as geotechnical fill with a soil or
gravel cover is prohibited in residential areas.
(d)
Use of foundry sand at livestock
operations. Foundry sand may be beneficially used at livestock
operations for any of the following:
1. Liner
material in an impoundment or structure used for the storage of livestock
manure, livestock feed, or process wastewater. The impoundment or structure
shall be designed and constructed in accordance with applicable natural
resources conservation service standards and local ordinances, and in
accordance with plans and specifications approved under chs. NR 213 and 243, if
applicable.
2. Geotechnical fill
beneath an area where livestock will be housed or confined. Any areas of
foundry sand fill that will be washed or mechanically scraped shall be paved
with an asphalt or concrete surface, or a 2 feet thick protective soil layer,
over the industrial byproduct. The livestock housing or confinement area design
and construction shall be in accordance with applicable natural resources
conservation service standards and local ordinances, and in accordance with
plans and specifications approved under ch. NR 243, if applicable to any
portion of the project.
Note: Under ch. NR 243 Natural Resources
Conservation Service (NRCS) conservation practice standard Code 313, dated
December 2005 applies to waste storage facilities. Under ch. ATCP 50, NRCS
conservation practice standard Code 629 dated January 2014 applies to feed
storage runoff control facilities. Copies of these and other conservation
practice codes can be obtained online from the NRCS Field Office Technical
Guide, www.nrcs.usda.gov/wps/portal/nrcs/site/wi/home.
Copies are also available at the Wisconsin NRCS state office or the Wisconsin
Land and Water Conservation Association office.
(e)
Transportation facility
embankments. Industrial byproducts used as geotechnical fill for
transportation facility embankments such as linear roadway sound and sight
barrier berm embankments, airport embankments, and roadway bridge or overpass
embankments constructed under the authority of the Wisconsin department of
transportation or a municipality shall meet the criteria in this paragraph. Any
area where industrial byproduct is used as an embankment and not covered by
pavement or road shoulder material, shall be sloped to prevent ponding of
water, covered with 2 feet of native soils including a minimum of 4 inches of
topsoil, or other cover approved by the department in writing, and seeded with
an approved Wisconsin department of transportation seed mix as soon as
practical after placement of the industrial byproducts. Final vegetated slopes
may not be steeper than a 3:1 horizontal to vertical incline.
(f)
Geotechnical fill material used
in the reclamation of nonmetallic mining sites. Industrial byproducts
that have been 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 may be beneficially used as geotechnical fill
material in the reclamation of nonmetallic mining sites. Prior written
notification in accordance with s. NR 538.14 (5) and concurrence by the
department under s. NR 538.14 (6) are required for all nonmetallic mine
reclamation projects. Reclamation of a nonmetallic mine within an area of
Silurian bedrock as defined under s. NR 151.015 (17) shall be approved as a
case-specific approval in accordance with s. NR 538.09. Additional requirements
for the use of industrial byproducts for reclamation of nonmetallic mining
sites include the following:
1. The use of
industrial byproducts at a nonmetallic mining site with a reclamation permit
issued under ch. NR 135 shall be in accordance with the approved reclamation
plan required under s. NR 135.19. If the reclamation plan does not specify the
use of industrial byproducts as fill material, the plan shall be modified in
accordance with s. NR 135.24 to reflect the use of these byproducts. The
reclamation plan or modification shall be approved by the regulatory authority
under s. NR 135.03 (20) in accordance with ch. NR 135 before applying for
concurrence by the department.
2. A
mine reclamation project at a mine site that does not have an approved
reclamation plan issued under ch. NR 135 shall be subject to a case-specific
approval in accordance with s. NR 538.09. The applicant shall submit a
reclamation plan that meets the applicable criteria under s. NR 135.19 (1) to
(4) to the department as part of the case-specific approval request.
3. Eligible uses for industrial byproducts as
part of the reclamation of a nonmetallic mine site under this section include
construction of safety berms, buttressing of unstable side slopes to provide
for a revegetated surface, placement of no more than 2 feet of manufactured
soils under sub. (4) (c) or other appropriate byproducts to establish a rooting
zone layer, or the use of byproducts or byproduct blends as a topsoil
substitute material as defined under s. NR 135.03 (24).
4. Any area where industrial byproducts are
beneficially used as geotechnical fill in a nonmetallic mine site that are to
be revegetated as part of the mine reclamation plan shall be sloped to prevent
ponding of water, covered with 2 feet of native soils including a minimum of 4
inches of topsoil or other cover approved by the department in writing, and
seeded in accordance with the reclamation plan as soon as practical after
placement of the industrial byproducts. Final vegetated slopes may not be
steeper than a 3:1 horizontal to vertical incline.
5. For all nonmetallic mine reclamation
project sites, industrial byproducts, including select foundry sand, that are
used as geotechnical fill may not be placed within 5 feet of the groundwater
table at the time the byproduct material is placed.
6. The beneficial use of industrial
byproducts as geotechnical fill in the reclamation of nonmetallic mines is
prohibited in residential areas or areas where residential construction is
planned as a post-reclamation land use.
Note: Federal rules restrict the use of coal
combustion residuals as fill in sand and gravel pits and quarries under
40 CFR
257.50-107, subpart D.
Note: Best management practices under this
paragraph may include ASTM D7765-18a when foundry sand is used for structural
fill or embankments, ASTM E2277-14 for the use of coal ash in structural fills,
Wisconsin department of transportation specifications for highway and structure
construction, or other established engineering construction standards and
practices appropriate for the project.
(3) CONSTRUCTION USES. Construction uses in
accordance with the project criteria and uses specified in this subsection.
Industrial byproducts used in this subsection may not be placed within areas of
permanent standing water or areas that need to be dewatered prior to placement
due to groundwater infiltration. Construction uses include any of the
following:
(a)
Subgrade fill for the
construction of a paved federal, state, or municipal roadway.
Industrial byproducts placed as part of construction of a paved federal, state
or municipal roadway may not extend beyond the subgrade shoulder point and the
depth of the fill may not exceed 4 feet, except for incidental sections of the
fill. Any area where industrial byproducts are not directly beneath the
pavement structure shall be sloped to prevent ponding of water, covered with
base course or native soil, including topsoil, and seeded as soon as practical
after placement of the industrial byproduct. Placement of the pavement
structure shall be completed as soon as practical after placement of the fill
material. For fills greater than 4 feet in depth, the design shall adhere to
the criteria specified in sub. (2) (e). The use of industrial byproducts as
paved roadway subgrade fill is prohibited in residential areas, unless used in
a roadway designed with a rural type cross-section without curbs and
gutters.
(b)
Base
aggregates for the construction of commercial, industrial and non-residential
institutional building slabs and paved infrastructure. Industrial
byproducts used as base aggregates for the construction of commercial,
industrial, and non-residential institutional building slabs and paved
infrastructure including parking lots, access roads, and federal, state and
municipal roadways shall meet the project specified physical properties of the
Wisconsin department of transportation Section 301 standard specifications for
base aggregates unless otherwise approved by the department in writing. The use
of industrial byproducts as base aggregates under this paragraph is prohibited
in residential areas, unless used in a roadway designed with a rural type
cross-section without curbs and gutters.
(c)
Utility trench backfill.
Industrial byproducts used to backfill a utility trench constructed for the
placement of a sanitary or storm sewer, a non-potable water line, a gas main,
or telecommunications, electrical or other utility lines shall be covered by a
paved roadway, parking lot or other portland cement concrete or asphaltic
concrete paved structure and may not extend more than 4 feet beyond the
pavement structure. Any area where industrial byproducts are not directly
beneath the pavement structure shall be sloped to prevent ponding of water,
topsoiled, and seeded as soon as practical after placement of the industrial
byproduct.
(d)
Abandonment
of tanks, vaults, or tunnels. Industrial byproducts may be
beneficially used for the abandonment of tanks, vaults or tunnels that will
completely contain the industrial byproduct. This use does not include the
placement of an industrial byproduct in a location where environmental
pollution has been identified unless it is specified in a plan approval by the
department.
(e)
Slabjacking
material. Industrial byproducts used as a component in a slabjacking
material in combination with portland cement, lime, or bentonite shall be
placed beneath portland cement concrete paved structures to raise areas that
have settled. The slabjacking material shall be placed directly from an
enclosed transport vehicle. Projects using more than 2 cubic yards of
industrial byproduct as a slabjacking material are prohibited in residential
areas.
(f)
Soil and
pavement stabilization. Coal combustion fly ash used as soil and
pavement base stabilization for structural improvements shall be used in
accordance with ASTM C618-15 or the Wisconsin department of transportation
specifications for highway and structure construction, or other good
engineering practices acceptable to the department. The use of industrial
byproducts as soil and pavement base stabilization is allowed in residential
areas for those beneficial uses specified in par. (a) if approved by the local
unit of government with jurisdiction over the roadway.
Note: ASTM C618-15 is the American society for
testing and materials "Specification for Coal Fly Ash and Raw or Calcined
Natural Pozzolan for Use in Concrete." Copies of this test procedure can be
obtained from ASTM International at
https://www.astm.org/Standards/C618.htm.
Copies of the standard are also available for inspection at the offices of the
department of natural resources and the legislative reference bureau.
(g)
Controlled low
strength material. Industrial byproducts incorporated into controlled
low strength material for structural improvements, commonly referred to as
flowable fill, shall be used in accordance with ACI 229R-13, the Wisconsin
department of transportation specifications for highway and structure
construction, or other good engineering practices acceptable to the department.
Note: ACI 229R-13 is the American Concrete
Institute report "Controlled Low Strength Materials." Copies of this report can
be obtained at https://www.concrete.org. Copies of this
report are also available for inspection at the offices of the department of
natural resources and the legislative reference bureau.
(h)
Bonded surface course
material. Industrial byproducts used as a bonded surface course such
as seal coats and chip seals in paved federal, state or municipal roadways,
commercial and private roadway or parking surfaces, driveways, airport runways,
and trails shall conform to the Wisconsin department of transportation standard
specifications for highway and structure construction applicable to asphaltic
pavements, including limitations on the percentage of material passing the P200
sieve and application rates. Within 48 hours of application of the industrial
byproduct, the surface shall be rolled to thoroughly embed these materials into
the asphaltic mastic and, within one week of application, the surface shall be
swept to remove any loose excess material.
(4) UNCONFINED USES. Unconfined uses that are
not contained, encapsulated, or covered by either 2 feet of soil or an
impervious surface and meet the project criteria and uses specified in this
subsection. Unconfined uses include any of the following:
(a)
Unbonded surface course
material. Industrial byproducts used as an unbonded surface course
shall conform to the requirements of Wisconsin department of transportation
standard specifications for highway and structure construction applicable to
base materials and may be placed at a cumulative thickness of 6 inches or less
and in areas separated by at least a 25-foot vegetated buffer to a navigable
surface water. This includes the use of industrial byproducts as a surface
course material in unpaved driveways, road shoulders, farm lanes, parking
areas, and recreation or exercise trails. The use of industrial byproducts as
unbonded surface course is prohibited in residential areas.
(b)
Winter weather road abrasive on
roadways with a rural cross-section. Winter road abrasives using
industrial byproducts, wholly or as part of a mixture of abrasives and de-icing
compounds, shall meet Wisconsin department of transportation gradation and
application rate recommendations for winter highway maintenance contained in
the state highway maintenance manual. The use of industrial byproducts as
winter road abrasives is restricted to use on roadways designed with a rural
type cross-section with only incidental sections of curbs and
gutters.
(c)
Manufactured
soil blends. Manufactured soil blends with the mineral component
derived from spent silica-based foundry sand from iron, steel, and aluminum
foundries shall be comprised of no more than 50% spent foundry sand by weight
and intended for use as a commercial or consumer product. Soil blends that
incorporate industrial byproducts other than foundry sand or solid waste
material shall be approved under the case-specific provisions specified in s.
NR 538.09.
Note: Bulk land application of spent foundry
sand on agricultural fields is regulated under ch. NR 518.
(5) SOIL OR PLANT ADDITIVES
DERIVED FROM FLUE GAS DESULFURIZATION OR LIME-BEARING INDUSTRIAL BYPRODUCTS.
Flue gas desulfurization or lime-bearing industrial byproducts used as soil or
plant additives shall be managed, applied and licensed in accordance with
subch. II of ch. ATCP 40 or ch. ATCP 41. Prior to use, initial certification,
and concurrence by the department in accordance with s. NR 538.06 is required.
In addition to the certification information, the applicant shall demonstrate,
as part of the required written notification, all of the following:
(a) The industrial byproduct, as demonstrated
through research projects approved under s. NR 518.04 (2) or previously
published research, has value as a soil or plant additive and will not result
in detrimental effects to the soil or vegetation at the rates and mixtures
proposed. If the additive is part of a mixture, the physical and chemical
nature of the other materials in the mixture and the relative percentages of
each material shall be described in the submittal.
(b) The industrial byproduct or byproduct
mixture will not be applied at rates such that excessive accumulation of
hazardous substances occurs in soil or vegetation, cause a detrimental effect
on surface water quality, or cause a detrimental effect on groundwater quality
that would result in an exceedance of the groundwater quality standards
specified in s. NR 140.
(c) The
industrial byproduct or byproduct mixture will be applied in accordance with
accepted agricultural practices.
(d) Industrial byproducts that are intended
for use as agricultural liming materials, as defined under s.
94.66(1) (am), Stats., meet the requirements of ch.
ATCP 41 and do not contain contaminant concentrations exceeding the values
listed in Table 3 of s. NR 204.07 (5) (c).
(e) Flue gas desulfurization material
intended for use as an agricultural soil amendment does not contain contaminant
concentrations exceeding the values listed in ch. NR 538 Appendix, Table 3, and
will not be applied in volumes exceeding the maximum recommended application
rates as determined by the Wisconsin department of agriculture, trade and
consumer protection.
Note: USDA Code 333 is the guidance document
"Amending Soil Properties with Gypsum Products," published as Natural Resources
Conservation Service Conservation Practices Standard Code 333 (333-CPS-1), June
2015, and is available through the U.S. department of agriculture website:
https://www.usda.gov/.
Note: Copies of Wisconsin department of
transportation specifications for highway and structure construction and the
state highway maintenance manual are available for inspection at the offices of
the department of transportation, department of natural resources and the
legislative reference bureau.
Under s.
30.2022,
Stats., highway and bridge projects affecting the waters of the state that are
carried out under the direction and supervision of the department of
transportation are exempt from department permit or approval requirements if
accomplished in accordance with interdepartmental liaison procedures
established by the department of natural resources and the department of
transportation.
