Chapter NR 528

NR 528.07(5)(b)1. 1. The locational criteria in s. NR 528.04 (1) shall be met.

NR 528.07(5)(b)2. 2. The sediment shall be applied to a depth of 18 inches or less below ground surface.

NR 528.07(5)(b)3. 3. When the dedicated site is used for sediment treatment so as to attenuate or reduce contaminants in the accumulated sediment, only non-food chain crops or woody plants for harvest or phyto-remediation purposes may be grown.

NR 528.07(5)(b)4. 4. In cases where the annual application rate or lifetime loading limit in sub. (4) (b) are not exceeded, the provisions of sub. (4) (b) 2. do not apply. In cases where the 5 dry tons per acre annual application rate limitation or the 15 dry tons per acre site life limit are exceeded, the sediment manager shall ensure that sub. (4) (b) 2. is followed as well as take any additional measures or practices that may be necessary to ensure safe long-term site use. These may include practices such as the collection and evaluation of contaminants in soils, plant tissue, other environmental receptors or monitoring devices. The sediment manager shall track the sediment application rates and cumulative site loading totals for contaminants in soil or other receptors as appropriate. The sediment manager shall ensure that any additional measures are implemented that may be necessary such as enhanced site management practices to control run-on and runoff and erosion control practices. At a minimum, the erosion control requirements of s. NR 528.04 (3) shall be met.

NR 528.07(5)(b)5. 5. Accumulated sediment may be applied on frozen ground and on slopes greater than 6% or more provided the sediment management is performed in compliance with s. NR 528.04 (3) and adequate and permanent run-on and runoff controls are in place and maintained.

NR 528.07(5)(b)6. 6. Sediment may not be applied when precipitation capable of producing runoff is forecast within 24 hours of the time of planned application, or during or immediately after a precipitation event.

NR 528.07(5)(b)7. 7. In all cases where a pathogen risk exists due to the presence of pathogens, as indicated by evidence of the pathogen or indicator organism and level per s. NR 528.06 (3) (b) 4., then the waiting periods in sub. (4) (f) apply.

NR 528.07(5)(b)8. 8. In all cases where a pathogen risk exists due to the presence of pathogens, no grazing is allowed and no human food chain crops may be grown where the sediment has been applied.

NR 528.07(5)(b)9. 9. In all cases where a pathogen risk exists, permanent public access controls shall be put in place and access restricted during any year when the sediment application occurs.

NR 528.07(5)(c) (c) The sediment manager shall ensure that an affidavit is filed indicating that the site was used for a dedicated sediment management site in the registrar of deeds office in the county where the site is located.

NR 528.07(5)(d) (d) The sediment manager shall ensure that all appropriate completed certification forms, all sediment sampling results and all monitoring data and site use and sediment loading records are retained in accordance with s. NR 528.08.

NR 528.07(6) (6) Small quantity, coarse grained sediment management. The sediment manager may choose to manage certain kinds of coarse grained sediment as provided under this subsection.

NR 528.07(6)(a) (a) If the annual volume of accumulated sediment to be managed is 100 cubic yards or less and comprised primarily of coarse-grained material such as that found in the forebay, the sediment manager shall complete the appropriate sections of the certification form provided by the department and indicate the following criteria are met:

NR 528.07(6)(a)1. 1. The volume of accumulated sediment to be managed is 100 cubic yards or less.

NR 528.07(6)(a)2. 2. No more than 15% of the material, as a percentage by weight, passes a No. 200 sieve.

NR 528.07(6)(b) (b) If the criteria in par. (a) are met, no chemical testing is required and the sediment shall be managed in accordance with s. NR 528.04 (1) and (2). If either par. (a) 1. or 2. are not met, the accumulated sediment may not be used in accordance with this subsection and shall be managed in accordance with this section and ss. NR 528.04 to 528.06 and 528.08.

NR 528.07(6)(c) (c) The sediment manager shall maintain responsibility for managing the accumulated sediment.

NR 528.07(6)(d) (d) The sediment manager shall retain records in accordance with s. NR 528.08.

NR 528.07(7) (7) End use under other control. Accumulated sediment may be used under the control of another program in accordance with this subsection. End use of accumulated sediment pursuant to this subsection is not subject to the other provisions of this chapter provided equivalent protectiveness is afforded, including the provisions of ss. NR 528.04 (2) to (4).

NR 528.07(7)(a) (a) Accumulated sediment may be used in accordance with a department of transportation facility construction and maintenance project contract of specific duration that requires compliance with department of transportation standard specifications for site restoration and stabilization. Sampling in accordance with s. NR 528.06 (3) is not required when there is another requirement such as a contract or permit that requires sampling encompassing the s. NR 528.06 (3) requirements. Sampling pursuant to s. NR 528.06 (3) shall be performed if the contract or permit does not require sampling encompassing these requirements.

NR 528.07 Note Note: The requirements of the WDOT concerning the restoration of disturbed sites are found in sections of the standard specifications including those addressing erosion control, seeding, final clean-up and may be found in: WDOT Standard Specifications, see http://roadwaystandards.dot.wi.gov/standards/stndspec/index.htm.

NR 528.07(7)(b) (b) Accumulated sediment may be used in accordance with a ch. NR 135 nonmetallic mine reclamation permit issued pursuant to an applicable nonmetallic mining reclamation ordinance. Sampling in accordance with s. NR 528.06 (3) is not required when there is another document such as a contract or permit that requires sampling encompassing the s. NR 528.06 (3) requirements. Sampling pursuant to s. NR 528.06 (3) shall be performed if the contract or permit does not require sampling encompassing these requirements.

NR 528.07 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.

NR 528.08 NR 528.08 Record retention. All completed certification forms, all sediment sampling results, other site monitoring results and site management records shall be retained by the sediment manager in accordance with this section.

NR 528.08(1) (1) On-line system. The department may develop an on-line system to receive and store the records.

NR 528.08(1)(a) (a) If an on-line voluntary system is established, a sediment manager who chooses to use the on-line system no longer needs to retain the records.

NR 528.08(1)(b) (b) If the department requires the use of the on-line system, the records no longer need to be retained by the sediment manager.

NR 528.08(2) (2) Retention time. If an on-line system is not established, or if a voluntary on-line system is established and the sediment manager chooses not to use it, the records shall be retained for 20 years. These records shall be provided to the department upon request.

NR 528.08 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.

NR 528.09 NR 528.09 Department assistance. To assist sediment managers in making the determinations required in this chapter, the department may provide outreach, training, certification forms, written and on-line technical assistance documents or other resources deemed appropriate.

NR 528.09 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.

NR 528.10 NR 528.10 Sediment management program evaluation and compliance. The department may consult and work with those who implement accumulated sediment uses and are interested in substantiating the effectiveness, safety and environmental protectiveness of the chosen sediment management practice. Sediment managers shall provide data documenting their operation to assist with the evaluation upon request by the department. The department may also request information necessary to determine compliance with this chapter. Sediment managers shall provide site access to department staff upon request.

NR 528.10 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.