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 538.03 - Definitions

Current through June 24, 2024
In this chapter, the following definitions as well as the
				  definitions in ch. 289, Stats., and s.
				  NR
				  500.03 are applicable:
(1) "Base aggregates" means specified or
				selected material of designated thickness placed on a subgrade to support a
				pavement or other structure.
(2)
				"Beneficial use" means the utilization of an industrial byproduct in a
				productive manner.
(3)
				"Encapsulated use" means a use in which the measurable leaching, emissions or
				decomposition characteristics of the industrial byproduct are substantially
				eliminated by binding them into a solid matrix.
(4) "Excess quantities" means the use of
				industrial byproducts in volumes that are greater than necessary for the
				specific project purpose.
(5) "Flue
				gas desulfurization material" or "FGD" means the material recovered from air
				pollution control systems that capture sulfur dioxide emissions from energy
				recovery facilities. "Flue gas desulfurization material" includes flue gas
				desulfurization gypsum produced as a byproduct of a lime or limestone-based
				reagent wet air pollution control scrubbing process that includes a forced
				oxidation system resulting in commercial grade calcium sulfate compound. "Flue
				gas desulfurization material" also includes flue gas desulfurization byproduct
				material generated in a dry or semi-dry air quality control system, provided
				the system includes separate coal combustion fly ash capture by means of an
				electrostatic precipitator or baghouse filter.
(6) "Foundry sand" means spent silica-based
				molding and core sand resulting from metal casting processes, including dry
				baghouse and wet collector sand fines collected at the foundry during the metal
				casting process.
(6m) "Generator"
				means any person whose act or process produces an industrial byproduct as
				identified, listed, or determined by the department under sub. (8).
(7) "Impervious surface" means a barrier
				layer designed to prevent percolation or contain liquids that have come into
				contact with the byproduct consisting of either a minimum 3 inches thick of
				asphalt or concrete, a minimum 2 foot thick clay layer constructed in
				accordance with s.
				NR
				504.06(2) (a) and (f), a geomembrane
				layer constructed in accordance with s.
				NR
				504.07(5), or other impervious
				surface designs approved in writing by the department.
(8)
(a)
				"Industrial byproduct" means, subject to par. (b), papermill sludge; combustion
				ash including coal combustion residuals such as fly ash, bottom ash, boiler
				slag, and material captured in flue gas desulfurization systems; ferrous, steel
				and aluminum foundry sand; aluminum slag; byproducts from the production of
				lime including lime kiln dust; or non-hazardous solid waste with similar
				characteristics as determined by the department.
(b) "Industrial byproduct" includes only
				materials that have been generated as a byproduct of an industrial process and
				possess consistent physical and chemical properties.
(c) "Industrial byproduct" does not include
				any of the following:
1. Post-consumer waste
				or the byproducts of combusting or processing post-consumer waste.
2. Ash from solid waste
				incinerators.
3. Slag generated by
				the production or processing of iron or steel that is managed as an item of
				value in a controlled manner and not discarded.
4. Material that was previously disposed or
				landfilled.
Note:
Materials excluded from the definition of
				  industrial byproducts may be beneficially reused if approved in writing by the
				  department under s.
				  NR
				  500.08(5) (a) and s.
				  289.43,
				  Stats., except iron or steel foundry slag which is exempted under ss.
				  289.01(33)
				  and
				  287.29,
				  Stats.