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 538.18 - Public participation

Current through June 24, 2024
(1) NOTIFICATION. Except as provided in sub.
				(2), no person may initiate a beneficial use project where the volume of the
				industrial byproduct to be used is greater than 30,000 cubic yards, or
				construct or operate a permanent or temporary storage facility with a design
				capacity greater than 30,000 cubic yards, prior to the person giving notice to
				the affected public and providing for adequate public participation. Unless
				other forms of public notification and involvement are approved by the
				department in writing, the notice and public participation process provided by
				the person intending to initiate a beneficial use project or storage facility
				shall include, at a minimum, all of the following:
Note:
Sub. (1) (intro.) is shown as amended eff.
				  11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(1) NOTIFICATION. Except as provided in sub.
				(2), no person may initiate a beneficial use project where the volume of the
				industrial byproduct to be used is greater than 30,000 cubic yards, or
				construct or operate a storage facility with a design capacity greater than
				30,000 cubic yards, prior to the person giving notice to the affected public
				and providing for adequate public participation. Unless other forms of public
				notification and involvement are approved by the department, the notice and
				public participation process provided by the person intending to initiate a
				beneficial use project or storage facility shall include, at a minimum, the
				following:
(a) Placing a public notice in the
				local newspaper at least 30 business days prior to initiating an industrial
				byproduct beneficial use project or storage facility, specifying the nature of
				the beneficial use project or storage facility, including the type and amount
				of the material to be used or stored, how and where the material will be used,
				the time frame of the project or storage facility operation, that the person
				intending to initiate the beneficial use project or storage facility may hold a
				public informational meeting either electively or if requested, and a contact
				person for the public to request a meeting.
Note:
Par. (a) is shown as amended eff. 11-1-20
				  by CR 19-080. Prior to 11-1-20 it reads:
(a) Placing a public notice in the local
				newspaper at least 30 business days prior to initiating an industrial byproduct
				beneficial use project or storage facility, specifying the nature of the
				beneficial use project or storage facility, including the type and amount of
				the material to be used or stored, how and where the material will be used, the
				time frame of the project or storage facility operation, that the person
				intending to initiate the beneficial use project or storage facility may hold a
				public informational meeting, and a contact person for the public to request a
				meeting.
Note:
The public informational meeting is not
				  considered an informational hearing under s.
				  289.26,
				  Stats., even if department staff elect to participate.
Note:
Par. (a) (Note) is created eff. 11-1-20 by
				  CR 19-080.