Register April 2005 No. 592
Chapter NR 347
SEDIMENT SAMPLING AND ANALYSIS, MONITORING PROTOCOL AND DISPOSAL CRITERIA FOR DREDGING PROJECTS
NR 347.01 Purpose and policy. NR 347.04 Permits, approvals and reviews required. NR 347.05 Preliminary application and analytical requirements. NR 347.06 Sampling and analysis. NR 347.07 Review procedures and review criteria. NR 347.08 Monitoring, reporting and enforcement. Ch. NR 347 NoteNote: Chapter NR 347 as it existed on February 28, 1989 was repealed and new chapter NR 347 was created effective March 1, 1989.
NR 347.01(1)(1) The purpose of this chapter is to protect the public rights and interest in the waters of the state by specifying definitions, sediment sampling and analysis requirements, disposal criteria and monitoring requirements for dredging projects regulated under one or more of the following statutes: s. 30.20, Stats., which requires a contract or permit for the removal of material from the beds of waterways; s. 281.41, Stats., which establishes a wastewater treatment facility plan approval program; ch. 289, Stats., which establishes the solid waste management program; ch. 291, Stats., which establishes the hazardous waste program; and ch. 283, Stats., which establishes the Wisconsin pollutant discharge elimination system (WPDES) program. NR 347.01(2)(2) It is department policy to encourage reuse of dredged material and to minimize environmental harm resulting from a dredging project. NR 347.01 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553. NR 347.02NR 347.02 Applicability. The provisions of this chapter apply to the removal and disposal of material from the beds of waterways except where exempted by statute. NR 347.02 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89. NR 347.03(1)(1) “Analyte” means the chemical substance or physical property being tested for in a sample. NR 347.03(2)(2) “Bathymetry” means the measurement of depth of water in lakes or rivers to determine lake or river bed topography. NR 347.03(3)(3) “Beach nourishment disposal” means the disposal of dredged material on the beaches or in the water landward from the ordinary high-water mark of Lakes Michigan and Superior for the purpose of adding, replenishing or preventing erosion of beach material. NR 347.03(4)(4) “Bioassay” means a method for determining the acute or chronic toxicity of a material by studying its effects on test organisms under controlled conditions. NR 347.03(5)(5) “Bulk sediment analysis” means a test to measure the total concentration of a specific constituent in a sample being analyzed. NR 347.03(6)(6) “Carriage water” means the water portion of a slurry of water and dredged material. NR 347.03(7)(7) “Carriage water return flow” means the carriage water which is returned to a receiving water after separation of the dredged material from the carriage water in a disposal, rehandling or treatment facility. NR 347.03(8)(8) “Connecting waterways” means a portion of a navigable lake or stream which is directly joined to Lake Michigan or Lake Superior and which contains a navigation channel providing access for commercial or recreational watercraft to Lake Michigan or Lake Superior. NR 347.03(9)(9) “Contamination” means a solid, liquid or gaseous material, microorganism, noise, heat, odor, or radiation, alone or in any combination, that may harm the quality of the environment in any way. NR 347.03(10)(10) “Contract” means a binding written agreement between the department and a dredging applicant authorizing the removal of material from the bed of a natural navigable lake or outlying water. NR 347.03(11)(11) “Department” means the department of natural resources NR 347.03(12)(12) “Disposal facility” means a site or facility for the disposal of dredged material. NR 347.03(13)(13) “Dredged material” means any material removed from the bed of any waterway by dredging. NR 347.03(14)(14) “Dredging” means any part of the process of the removal of material from the beds of waterways; transport of the material to a disposal, rehandling or treatment facility; treatment of the material; discharge of carriage or interstitial water; and disposal of the material. NR 347.03(15)(15) “Grain size analysis” means a method to determine dredged material and disposal site sediment particle size distribution. NR 347.03(16)(16) “Hazardous waste”, as defined in s. 291.01 (7), Stats., means any solid waste identified as a hazardous waste under ch. NR 661. NR 347.03(17)(17) “Interstitial water” means water contained in the interstices or voids of soil or rock in the dredged material. NR 347.03(18)(18) “Limit of detection” means the lowest concentration level that can be determined to be statistically different from a blank sample for that analytical test method and sample matrix. NR 347.03(19)(19) “Limit of quantitation” (LOQ) means the concentration of an analyte at which one can state with a stated degree of confidence for that analytical test method and sample matrix that an analyte is present at a specific concentration in the sample tested. NR 347.03(20)(20) “Parent material” means the native unconsolidated material which overlies the bedrock. NR 347.03(22)(22) “Particle size distribution” means a cumulative frequency distribution or frequency distribution of percentages of particles of specified diameters in a sample. NR 347.03(23)(23) “Rehandling facility” means a temporary storage site or facility used during the transportation of dredged material to a treatment or disposal facility. NR 347.03(24)(24) “Treatment facility” in this chapter means a natural or artificial confinement facility used for the separation of dredged material solids from the interstitial or carriage water. NR 347.03(25)(25) “Upland disposal” means the disposal of dredged materials landward from the ordinary high-water mark of a waterway or waterbody. NR 347.03 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; correction in (16) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; correction in (16) made under s. 13.93 (2m) (b) 7., Stats., Register May 2013 No. 689. NR 347.04NR 347.04 Permits, approvals and reviews required. NR 347.04(1)(1) The following are the permit, approval and review requirements for dredging projects: NR 347.04(1)(a)(a) Except where otherwise provided by law, all private and municipal dredging projects require a permit or contract under s. 30.20, Stats., and ch. NR 346. Dredging in portions of the Mississippi, St. Croix and Black rivers by the U.S. army corps of engineers is governed by s. 30.202, Stats. NR 347.04(1)(b)(b) All dredging projects require review under ch. 289, Stats., and chs. NR 500 to 520 for disposal of dredged material under the solid waste management program. NR 347.04(1)(c)(c) All dredging projects shall be reviewed under ss. 1.11 and 23.11 (5), Stats., and ch. NR 150 for compliance with the Wisconsin environmental policy act. NR 347.04(1)(e)(e) A Wisconsin pollutant discharge elimination system (WPDES) permit under ch. 283, Stats., is required for dredging projects with carriage water return flows to surface water or groundwater. NR 347.04(1)(f)(f) Plan approval under s. 281.41, Stats., is required for dredging projects which include a dredged material treatment facility. NR 347.04(2)(2) The project application process shall be coordinated by the department. Except as otherwise provided by law, decisions on all applicable department approvals, permits, contracts and licenses relating to a dredging project shall be made concurrently and with the decision on: NR 347.04(2)(a)(a) Water quality certification under ch. NR 299 for all federally funded, permitted or sponsored projects, or NR 347.04 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; corrections in (1) (b), (d), (e), (f), and (g) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553; corrections in (1) (d), (g) made under s. 13.93 (2m) (b) 7., Stats., Register May 2013 No. 689. NR 347.05NR 347.05 Preliminary application and analytical requirements. NR 347.05(1)(1) Prior to submission of a formal application, anyone seeking to remove material from the beds of waterways shall provide the department with preliminary information including: NR 347.05(1)(d)(d) Brief description of proposed disposal method and location and, if a disposal facility is to be used, size of the disposal facility; NR 347.05(1)(e)(e) Any previous sediment sampling (including field observations) and analysis data from the area to be dredged or from the proposed disposal site; NR 347.05(1)(f)(f) Copy of a map showing the area to be dredged, the depth of cut, the specific location of the proposed sediment sampling sites and the bathymetry of the area to be dredged; and NR 347.05(1)(g)(g) Anticipated starting and completion dates of the proposed project. NR 347.05(2)(2) An initial evaluation shall be conducted by the department within 30 business days after receipt of the information under sub. (1) to determine if there is reason to believe that the material proposed to be dredged is contaminated. This initial evaluation shall be used by the department in specifying sediment sampling and analysis requirements to the applicant under s. NR 347.06 and shall be accomplished with existing data. Factors which shall be considered by the department in its evaluation of the dredging site and, if appropriate the disposal site, include, but are not limited to, the following: NR 347.05(2)(a)(a) Potential that contaminants may be present. Potential routes that may have introduced contaminants into the dredging site shall be identified by examining appropriate maps, aerial photographs, or other graphic materials that show surface watercourses and groundwater flow patterns, surface relief, proximity to surface and groundwater movement, private and public roads, location of buildings, agricultural land, municipal and industrial sewage and stormwater outfalls, etc., or by making supplemental field inspections. NR 347.05(2)(b)(b) Previous tests of the material at the dredging site or from other projects in the vicinity when there are similar sources and types of contaminants, water circulation and stratification, accumulation of sediments, general sediment characteristics, and potential for impact on the aquatic environment, as long as nothing is known to have occurred which would render the comparisons inappropriate. NR 347.05(2)(c)(c) The probability of past introduction of contaminants from land runoff. NR 347.05(2)(f)(f) Source and previous use of materials used or proposed to be used as fill. NR 347.05(2)(g)(g) Natural deposits of minerals and other natural substances. NR 347.05(2)(h)(h) Any other relevant information available to the department. NR 347.05 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89. NR 347.06NR 347.06 Sampling and analysis. Upon completion of the initial evaluation, the department shall establish sampling and analysis requirements. NR 347.06(1)(1) Exception. Except as provided in subs. (3) (a) and (6), the applicant shall collect and analyze data on sediments to be dredged in the manner outlined in this section.
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