Section 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. Note: Sub. (1) is shown as amended eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(1) Written notice shall be provided to the owners of property on which industrial byproducts are utilized under this chapter for one or more of the beneficial uses described under s. NR 538.10(5) to (9). This notice shall be provided to the owner of property prior to its use. The generator of the industrial byproduct, 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. Any property owner receiving this notice shall retain this information and provide this information to the next purchaser of the property. Category 1 industrial byproducts are exempt from the requirements of this section. Category 2 industrial byproducts are exempt from the requirements listed in this section for beneficial use projects of less than 2500 cubic yards provided that the owner of the property is informed in writing that industrial byproducts are being utilized. Note: Copies of this form may be obtained from the Department of Natural Resources, Bureau of Waste Management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
(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.Note: Sub. (2) is shown as repealed and recreated eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(2) SMALL-SIZED BENEFICIAL USE PROJECTS. For projects that utilize no more than 200 cubic yards of industrial byproducts, the notification shall identify the category, type, volume of industrial byproduct and describe where these materials were placed.(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. Note: Copies of this form may be obtained electronically or from the department of natural resources, bureau of waste management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921.
Note: Sub. (3) is shown as repealed and recreated eff. 11-1-20 by CR 19-080. Prior to 11-1-20 it reads:
(3) MEDIUM-SIZED BENEFICIAL USE PROJECTS. For projects that utilize more than 200 cubic yards but no more than 10,000 cubic yards of industrial byproducts, the notification shall include the information required in sub. (1), and a sketch or drawing that shows the approximate boundaries of the areas where industrial byproducts were used. (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.Wis. Admin. Code Department of Natural Resources NR 538.22
Cr. Register, December, 1997, No. 504, eff. 1-1-98; CR 05-020: am. (1) Register January 2006 No. 601, eff. 2-1-06.Amended by, CR.19-080: am. (1), r. and recr. (2), (3), am. (4) Register May 2020 No. 773, eff. 6/1/2020Under s. 30.2022, Stats., highway and bridge projects affecting the waters of the state that are carried out under the direction and supervision of the department of transportation are exempt from department permit or approval requirements if accomplished in accordance with interdepartmental liaison procedures established by the Department of Natural Resources and the department of transportation.