Additional criteria for the beneficial use of industrial byproducts as geotechnical fill

Additional criteria for the beneficial use of industrial byproducts as geotechnical fill. (1) All geotechnical fill uses shall comply with the performance standards under s. NR 538.04 and the applicable criteria in this section. (2) Industrial byproducts that are utilized for any of the uses under s. NR 538.10 (2) shall be placed in accordance with all of the following: (a) Industrial byproducts may not be placed within areas of permanent standing water or areas that need to be dewatered prior to placement due to groundwater infiltration. (b) For those beneficial uses listed in s. NR 538.10 (2) that use industrial byproducts 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, there shall be a minimum separation distance of 3 feet between the industrial byproduct and the groundwater table at the time of placement, except geotechnical fill used for nonmetallic mine reclamation projects under s. NR 538.10 (2) (f) , which shall maintain a minimum separation distance as determined by s. NR 538.10 (2) (f) 5. (c) For those beneficial uses listed in s. NR 538.10 (2) that use industrial byproducts, excluding select foundry sand, that exceed the concentrations specified in ch. NR 538 Appendix , Table 1, Column A, but are less than the concentrations specified in ch. NR 538 Appendix , Table 1, Column B, there shall be a minimum separation distance of 5 feet between the industrial byproducts and the groundwater table at the time the material is placed. (d) Industrial byproducts may not be placed within an area that meets the definition of a floodplain under s. NR 116.03 (16) or below the ordinary high-water mark within any navigable waters as defined under s. NR 115.03 (6) without prior written approval from the department. (e) Industrial byproducts used as geotechnical fill as part of the reclamation of nonmetallic mine sites in accordance with s. NR 538.10 (2) (f) may not exceed the concentrations in s. NR 538 Appendix, Table 1, Column A unless designated by the department as select foundry sand under s. NR 538.06 (3) (f) . (3) Industrial byproducts that are used for the beneficial uses listed in s. NR 538.10 (2) and exceed 5,000 cubic yards may not be placed closer than 100 feet from a private or public water well. Prior written notification to the department in accordance with s. NR 538.14 (5) and concurrence by the department under s. NR 538.14 (6) is required for separation distances less than 100 feet. Concurrence by the department shall be based on site-specific conditions such as well construction and ground water flow direction. (4) Beneficial use projects utilizing fill materials under s. NR 538.10 (2) shall be completed, including the placement of final cover, within 12 months of first accepting industrial byproduct material. This period may be extended to no more than 16 months provided the site is adequately secured from public access by means of exclusion fencing and signage or other equally effective means as approved by the department in writing. If the beneficial use project requires more than 12 months to complete, or 16 months to complete if the site is adequately secured, the project shall be planned in phases with each phase of filling completed and interim or final cover placed prior to initiation of filling the next phase. Prior to use of an alternate cover, the generator, or the generator’s designee, shall provide a written request to the department. A written approval by the department may be granted based upon site-specific conditions and good engineering practices. (5) Confining surfaces and soil cover in beneficial use projects utilizing fill materials under s. NR 538.10 (2) shall be maintained as designed. Fill materials exposed by erosion, excavation, or weathering shall be covered in accordance with the original design, or as approved by the department, as soon as practical. Requests for modification of the final cover shall be made in accordance with s. NR 538.14 (7) , and excavation of fill material shall be performed in accordance with s. NR 538.24 . (6) Beneficial use projects proposing utilization of 100,000 cubic yards or more of geotechnical fill materials under s. NR 538.10 (2) shall require a request to the department by the generator, or the generator’s designee, for a case-specific approval in accordance with s. NR 538.09 . (7) All vegetated soil covers over geotechnical fill materials under s. NR 538.10 (2) shall utilize topsoil in sufficient quantities and of sufficient quality to support a vegetative cover that prevents erosion. (8) All geotechnical fill projects under s. NR 538.10 (2) shall be conducted in a manner to minimize windblown dust, odor, tracking, and spillage of the industrial byproduct and not to cause nuisance conditions.