Wis. Admin. Code NR 538.16

Storage and transportation requirements

Last amended: 2020Year: 2026Length: 694 wordsOfficial source

Cite as Wis. Admin. Code NR § 538.16

Storage and transportation requirements. (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 . (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.
Wis. Admin. Code NR 538.16: Storage and transportation requirements | Justis AI