Waste & Materials Management Program

Industrial Byproducts Listed As Special Wastes

Section 289.05(4), Stats., allows the Department of Natural Resources to promulgate rules that allow and encourage to the maximum extent possible, consistent with the protection of public health and the environment and good engineering practices, the beneficial use of industrial byproducts in a nuisance free manner. Chapter NR 538, Wis. Adm. Code contains the rules governing these industrial byproducts. The definition of an industrial byproduct is found in s. NR 538.03(2), Wis. Adm. Code. This definition states that an "industrial byproduct" means papermill sludge, ash from energy recovery including coal ash and slag, material captured in flue gas desulfurization systems ferrous and steel foundry excess system sand and slag, lime kiln dust or other non hazardous solid waste with similar characteristics as determined by the Department of Natural Resources.

Chapter NR 538, Wis. Adm. Code also lists the conditions under which these industrial byproducts can be placed in the environment and the specific beneficial uses for these materials. Industrial byproducts that are beneficially used in compliance with Chapter NR 538, Wis. Adm. Code are characterized as special wastes under s. 895.58, Stats.

It is important to note that Chapter NR 538 is applicable to those facilities that voluntarily participate in the program and have characterized their industrial byproducts according to the rules of the program. Waste & Materials Management staff in the five DNR regions can verify the name of the facility that participates in the program and the type of industrial byproduct.

If you have any questions about the overall program please call Bizhan Sheikholeslami at (262)574-2413, e-mail him at Bizhan Sheikholeslami.