Wis. Admin. Code NR 538.22
Property owner notification
Cite as Wis. Admin. Code NR § 538.22
Property owner notification.
(1) Written notice shall be provided to all owners of property on which any volume of industrial byproducts is utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10 (2) . This notice shall be provided to the owner of property and the department prior to its use. The generator, or a person designated by the generator, shall provide the notice in accordance with this section, unless the department approves an alternative notice procedure. This notice shall be on a form provided by the department or in a format approved by the department in writing. Any property owner receiving this notice shall retain this information and provide this information to the next purchaser of the property.
(2) A property owner notification shall include all of the following information:
(a) The type, volume, and generator of the industrial byproduct used as geotechnical fill on the property.
(b) The location of the project and a site description, including a topographic or orthophoto map, township and range to the quarter section, or geographic information system locational information that defines the location of industrial byproduct placement.
(c) Affirmation that the generator, or the generator’s designee, has discussed the contents of this notice with the property owner and has provided them with a copy.
(3) A copy of the property owner notification form shall be submitted to the department prior to placement of any industrial byproduct material. A copy of the notification may be submitted by mail or electronically as directed by the department.
(4) For projects that utilize more than 10,000 cubic yards of industrial byproducts, the notification shall include an affidavit recorded with the register of deeds, within 60 business days after completing the placement of the industrial byproduct, indicating that industrial byproducts were used on the property, and an indication where the information required under sub. (1) may be obtained.