Wis. Admin. Code Department of Natural Resources NR 538.20

Current through October 28, 2024

Section NR 538.20 - Environmental monitoring

(1) The department may require environmental monitoring for beneficial use projects subject to this chapter that do not meet the beneficial uses described in s. NR 538.10 or are subject to a case-specific approval under s. NR 538.09.

(2) FULLY ENCAPSULATED TRANSPORTATION FACILITY EMBANKMENTS. Environmental monitoring for embankments that are fully encapsulated under s. NR 538.10 (6) shall be conducted as follows:

(a) One headwell shall be installed if less than 50,000 cubic yards of industrial byproducts are used in the embankment. A second headwell shall be installed if 50,000 cubic yards or more of industrial byproducts are used in the embankment.

(b) The head elevation in each headwell shall be monitored twice each year at least 4 months apart. If the head level on the liner exceeds 2 feet, the department shall be notified. This notification shall include an evaluation of the reason for the head level build up and a proposed response to reduce the head level on the liner.

(3) CAPPED TRANSPORTATION FACILITY EMBANKMENT. The environmental monitoring for embankments that are capped and not lined under s. NR 538.10 (7), shall be conducted as follows:

(a) One basin lysimeter shall be installed with a collection area of 100 square feet. The lysimeter shall be placed directly below the industrial byproduct, and shall be located so that it will be beneath the thickest placement of the industrial byproduct.

(b) The volume of fluid collected in a basin lysimeter shall be monitored and recorded twice each year at least 4 months apart. If the volume of liquid collected in a basin lysimeter exceeds 375 gallons in one year the department shall be notified. This notification shall include an evaluation as to the reason for the volume of liquid being collected, an analysis of the liquid collected for all the parameters listed ch. NR 538 Appendix I, Table 2A and a proposed response to reduce the volume of liquid exfiltrating through the industrial byproduct.

Wis. Admin. Code Department of Natural Resources NR 538.20

Cr. Register, December, 1997, No. 504, eff. 1-1-98.

Amended by, CR 19-080: r. and recr. (1) Register May 2020 No. 773, eff. 6/1/2020

Amended by, correction in (Note) made under s. 13.92 (4) (b) 7, Stats., Register August 2022 No. 800, eff. 9/1/2022

On May 25, 2020, the department of natural resources published CR 19-080. In that rule, the department intended to repeal and recreate all of s. NR 538.20, removing subs. (2) and (3), but erroneously repealed and recreated only sub. (1). The subsections which previously referred to fully encapsulated transportation facility embankments and capped transportation facility embankments were removed from s. NR 538.10 and the cross-references to s. NR 538.10 (6) and (7) included in these subsections are obsolete. The department will address corrections to this section in future rulemaking.