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 538.08 - Determination of eligible uses

Current through June 24, 2024
Acceptable beneficial uses for industrial byproducts that
				  have been determined not to be a hazardous waste, as defined in s.
				  NR
				  660.10(52), and tested in accordance
				  with s.
				  NR
				  538.06 shall be determined as follows:
(1) CONTAINED OR CONVERTED USES. All
				industrial byproducts, including select foundry sand, are eligible for
				contained or converted uses in accordance with provisions of s.
				NR
				538.10(1).
(2) GEOTECHNICAL FILL. Industrial byproducts,
				including select foundry sand, that have been determined to contain less than
				the concentration specified for the parameters listed in ch. NR 538 Appendix,
				Table 1, Column B, are eligible for use as geotechnical fill in accordance with
				the provisions of ss.
				NR
				538.10(2) and 538.12, except
				nonmetallic mine reclamation uses under s.
				NR
				538.12(2) (e), which must be
				designated by the department as a select foundry sand under s.
				NR 538.06(3)
				(f) or determined to contain less than the
				concentration specified for the parameters listed in ch. NR 538 Appendix, Table
				1, Column A.
(3) CONSTRUCTION USES.
				Industrial byproducts, including select foundry sand, that have been determined
				to contain less than the concentration specified for the parameters listed in
				ch. NR 538 Appendix, Table 1, Column B, are eligible for construction uses in
				accordance with the provisions of s.
				NR
				538.10(3).
(4) UNCONFINED USES. Industrial byproducts,
				including select foundry sand, that have been determined to contain less than
				the concentration specified for the parameters listed in ch. NR 538 Appendix,
				Table 1, Column B and Table 2 are eligible for unconfined uses in accordance
				with the provisions of s.
				NR
				538.10(4).
(5) SOIL OR PLANT ADDITIVES. Flue gas
				desulfurization materials that have been determined to contain less than the
				concentration specified for the parameters listed in ch. NR 538 Appendix, Table
				3, are eligible for use as soil and plant additives in accordance with the
				provisions of s.
				NR
				538.10(5). Industrial byproducts
				intended for use as agricultural liming additives that have been determined to
				contain less than the concentrations specified in Table 3 of s.
				NR 204.07(5)
				(c) are eligible for use as soil or plant
				additives in accordance with the provisions of s.
				NR
				538.10(5).
(6) CRITERIA AND PROCESS FOR USING
				ELIGIBILITY STANDARDS
.
(a)
				If a standard for a parameter listed in ch. NR 538 Appendix is above the limit
				of detection and the limit of quantitation, the standard shall be considered
				exceeded if the parameter is reported at or above the standard.
(b) If a standard for a parameter listed in
				ch. NR 538 Appendix is between the limit of detection and the limit of
				quantitation, inclusive, the standard shall be considered exceeded if the
				parameter is reported at or above the limit of quantitation.
(c) The following applies when a standard for
				a parameter listed in ch. NR 538 Appendix is below the lowest achievable limit
				of detection:
1. If a parameter is not
				detected in a sample, the standard shall be considered to have been
				met.
2. If a parameter is reported
				at or above the limit of detection but below the limit of quantitation, a
				confirmation analysis shall be conducted. The standard shall be considered
				exceeded if the presence of that parameter has been confirmed by the use of an
				appropriate analytical method as determined by the department.
3. If a parameter is reported at or above the
				limit of quantitation, the standard shall be considered exceeded.