Wisconsin Administrative Code
Department of Natural Resources
NR 500-599 - Environmental Protection - Solid Waste Management
Chapter NR 538 - Beneficial Use Of Industrial Byproducts
Section NR 538.16 - Storage and transportation requirements

Universal Citation: WI Admin Code § NR 538.16

Current through February 24, 2025

(1) STORAGE.

(a) Storage of industrial byproducts for beneficial use shall meet the performance standards specified in s. NR 538.04. Storage facilities shall also satisfy all of the following:
1. The storage facility shall meet all of the following design and operational criteria:
a. Areas intended for the storage of industrial byproducts that have been determined to contain greater than the concentrations specified for the parameters listed in ch. NR 538 Appendix, Table 1, Column B shall incorporate an impervious surface pad and be surrounded by curbs or berms to control surface water run-on and run-off. Alternately, if a low permeability clay surface is used, it shall include a protective material cover of, at a minimum, one foot of gravel or an equivalent material over the clay. Areas intended for the storage of byproducts that have been determined to contain less than the concentrations specified for the parameters listed in ch. NR 538 Appendix, Table 1, Column B shall construct a surface pad beneath the storage pile consisting of either an impervious surface, compacted soil, or an aggregate surface with a minimum one-foot thickness or an equally effective design as approved by the department in writing.

b. Storage facilities shall be operated and maintained to minimize dust, off-site tracking, and storm water runoff. The storage area shall be clearly delineated and lined on 3 sides with curbs, blocks or berms designed to prevent spillage and contain the byproduct to the designated storage area. A setback shall be maintained between the stored material and the entrance to the storage area to prevent spillage of material and to reduce off-site tracking.

2. The operator of the storage facility shall provide the department an annual certification in accordance with s. NR 538.14, including a summary of the storage facility performance, problems, and maintenance in the annual certification under s. NR 538.14(3) (g) and an affirmation that the impervious or low permeability surface pad, if required, still meets the design criteria specified in subd. 1. a.

3. Upon closure of an industrial byproduct storage facility, the storage operator shall remove all visible residues from the storage area.

(b) All of the following industrial byproduct storage facilities are exempt from the requirements of this subsection:
1. Facilities for the storage of industrial byproducts contained within enclosed structures such as buildings, silos, or roll-off boxes.

2. Facilities for the storage of industrial byproducts within a lined area at a licensed engineered landfill. Storage of industrial byproducts at a licensed engineered landfill shall be subject to the conditions of the plan of operation and any other applicable solid waste approvals associated with the landfill.

3. Municipal maintenance and storage facilities that stockpile no more than 300 cubic yards of industrial byproduct material at any given time. The stored material shall be contained by perimeter berms or curbs. These facilities shall be operated and maintained to minimize dust, minimize off-site tracking, and manage storm water runoff.

4. Facilities for the temporary off-site storage or staging of industrial byproducts to be used beneficially in accordance with s. NR 538.10. These temporary facilities shall be operated and maintained to minimize dust, off-site tracking, and storm water runoff, and limit public access. Industrial byproducts may not remain in temporary off-site storage or staging areas for more than 16 months after the date of their placement. These facilities shall provide to the department written notice of the storage location, the date on which the storage of materials began, and the total volume stored.

5. Facilities for which the department issues an exemption on a case-specific basis in accordance with s. NR 538.09.

Note: The discharge of stormwater is regulated under ch. NR 216.

(2) TRANSPORTATION. A vehicle or container used to transport industrial byproducts intended for beneficial use shall meet all of the following criteria:

(a) The vehicle or container shall be designed and built to be durable and leak-proof and maintained to prevent nuisance conditions from occurring.

(b) The vehicle or container shall be loaded and hauled in such a manner that the contents do not fall, spill, or leak, including the use of covers as necessary. Any spilled industrial byproduct shall be properly recovered.

Note: Storage and transportation of industrial byproduct in accordance with this chapter are exempt from the storage and transportation requirements of ch. NR 502 as specified in ss. NR 502.05(3) (i) and 502.06(2) (k).

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 538.16 Storage and transportation requirements.

(1) STORAGE. Storage of industrial byproducts for beneficial use shall meet the performance standards listed in s. NR 538.04. These storage facilities shall also meet the criteria in this subsection unless exempt under par. (a).

(a) The following industrial byproduct storage facilities are exempt from the requirements of this subsection:
1. Facilities for the storage of industrial byproduct within enclosed structures such as buildings, silos or green boxes.

2. Facilities for the storage of industrial byproducts within a lined area at a licensed engineered landfill that is owned or operated by the user, generator of the byproduct or a person designated by the generator, such as a broker.

3. Facilities for the storage of only category 1 industrial byproducts.

4. Facilities for the storage of category 2 or 3 industrial byproducts that are used for industrial byproduct storage for less than 2 years. These facilities shall provide to the department notice of the storage location, the date on which the storage of materials began, and the total volume stored.

5. Facilities for which the department issues an exemption on a case specific basis.

(b) Storage of industrial byproducts not exempt under par. (a) shall meet all of the following design and operational criteria:
1. The storage area shall incorporate a lined low-permeability, asphalt, concrete, or clay pad and be surrounded by curbs or berms to control surface water run-on and run-off. If a clay pad is used, it shall include protective material over the clay.

2. Means shall be provided for collecting, containing and treating the volume of run-off expected to come in contact with the stored material as a result of the 25-year, 24-hour storm event. Water contact with the stored material shall be minimized, such as by covering with a tarp, where practical.

3. A setback shall be maintained between the stored materials and the edge of the pad to prevent spillage of materials off the pad and allow for vehicle movement completely around stored material.

(c) The operators of storage facilities not exempt under par. (a) shall provide the department an initial and annual certification in accordance with s. NR 538.14, include a summary of storage facility performance, problems and maintenance in the annual certification under s. NR 538.14(2) (g).

(d) Closure of an industrial byproduct storage facility shall include provisions to remove all visible residues from the storage area.

Note: The discharge of stormwater is regulated under ch. NR 216.

(2) TRANSPORTATION. Vehicles used to transport industrial byproducts intended for beneficial use shall meet both of the following criteria:

(a) Vehicles or containers used to transport industrial byproducts shall be durable and leak-proof. Vehicles and containers shall be repaired on an as needed basis to prevent nuisance conditions from occurring.

(b) Vehicles or containers used to transport industrial byproducts shall be loaded and hauled in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage as necessary. Any spilled industrial byproducts shall be properly recovered.

Storage and transportation of industrial byproduct in accordance with this chapter is exempt from the storage and transportation requirements of ch. NR 502 as specified in ss. NR 502.05(3) (i) and 502.06(2) (k).

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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