No person may store, handle or beneficially use an
industrial byproduct in a manner that may cause any of the following:
(1) A significant adverse impact on wetland
water quality standards as provided under ch. NR 103.
Note: Sub. (1) is shown as amended eff. 11-1-20
by CR 19-080. Prior to 11-1-20 it reads:
(1) A significant adverse impact on
wetlands.
(2) A take of an
endangered or threatened species or other activity prohibited under s.
29.604,
Stats.
(3) A detrimental effect on
any surface water quality standard as provided in s.
NR
102.03(7).
Note: Sub. (3) is shown as amended eff. 11-1-20
by CR 19-080. Prior to 11-1-20 it reads:
(3) A detrimental effect on any surface
water.
(4) A detrimental
effect on groundwater quality or will cause or exacerbate an attainment or
exceedance of any preventive action limit or enforcement standard at a point of
standards application as defined in ch. NR 140.
(5) The migration and concentration of
explosive gases in any structures, or in the soils or air at or beyond the
project property boundary in excess of 25% of the lower explosive limit for the
gases at any time.
(6) The
emissions of any hazardous air contaminant exceeding the limitations for those
substances contained in s.
NR 445.03.
Note: The emissions of particulates and volatile
organic compounds are regulated under s.
NR 415.03 and
chs.
NR 419 to 424.
(7) A discharge of pollutants carried by
storm water exceeding any applicable permit requirements or standards under ch.
NR 216.
Note: Sub. (7) is created eff. 11-1-20 by CR
19-080.
Notes
Wis. Admin. Code
Department of Natural Resources
§
NR 538.04
Cr. Register, December,
1997, No. 504, eff. 1-1-98; CR 05-020: am. (2) Register January 2006 No. 601,
eff. 2-1-06.
Amended by,
CR 19-080: am. (1), (3), cr. (7)
Register
May 2020 No. 773, eff. 6/1/2020
The placement of materials in a floodplain where an
obstruction to flood flows or an increase in regional flood event or an adverse
affect upon a drainage course is regulated under ch. NR
116.