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 538.24 - Excavation of existing geotechnical fill

Universal Citation: WI Admin Code ยง NR 538.24

Current through August 26, 2024

(1) GENERAL. An owner of property where industrial byproducts had previously been used as geotechnical fill in accordance with the provisions of this chapter, or the owner's designee, may petition the department for approval to excavate and re-use or dispose of the industrial byproduct material provided they meet the provisions of this section.

(2) RE-USE. Except as provided in sub. (5), the property owner, or the owner's designee, shall submit a written notification to the department for re-use of the existing geotechnical fill. The department shall review and respond to the notification in accordance with s. NR 538.14(6). The notification shall contain all of the following information:

(a) The name, address, and contact information for the property owner and the owner's representative or consultant.

(b) Information demonstrating that the existing geotechnical fill had been placed as a beneficial use project in accordance with this chapter. This information may include a copy of the concurrence letter from the department, a copy of the owner notification notice required under s. NR 538.22, the location on a database maintained by the department for locating beneficial use projects, or other proof as accepted by the department.

(c) The location of the existing geotechnical fill material and the proposed extent of the excavation and relocation of the material.

(d) The proposed re-use, including a demonstration that it will meet the applicable standards specified in ss. NR 538.04 and 538.10.

(3) DISPOSAL. If any excavated geotechnical fill material will be disposed rather than reused, the property owner or the owner's designee shall provide to the department in writing the information required under sub. (2) (a) to (c), the name of the disposal facility, and the volume of disposed material within 60 days after completion of the project.

(4) OFFSITE RE-USE. If the excavated material is to be beneficially used on a property other than the original fill site, the property owner of the re-use site shall be notified in accordance with s. NR 538.22. A public notice shall also be issued in accordance with ch. NR 538.18 for excavated material re-use projects with a design capacity greater than 30,000 cubic yards.

(5) EXEMPTIONS. Minor excavations of 1,000 cubic yards or less of geotechnical fill material that had previously been approved under the provisions of ch. NR 538 shall be exempt from the requirements of sub. (2), provided the excavated fill material is either re-used in accordance with s. NR 538.04 and an eligible beneficial use per s. NR 538.10 or disposed in a landfill. Any remaining fill material shall be covered with a confining surface or soil cover in accordance with an eligible use under s. NR 538.10(2) (a) to (f).

This section is created eff. 11-1-20 by CR 19-080.

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