Register November 2009 No. 647
Chapter NR 528
MANAGEMENT OF ACCUMULATED SEDIMENT FROM
STORM WATER MANAGEMENT STRUCTURES
NR 528.04 Locational criteria, performance standards, erosion control measures and ceiling levels. NR 528.05 Management decisions. NR 528.06 Sediment evaluation, certification requirements and end use determination. NR 528.07 End uses of accumulated sediment. NR 528.08 Record retention. NR 528.09 Department assistance. NR 528.10 Sediment management program evaluation and compliance. NR 528.01NR 528.01 Purpose. The purpose of this chapter is to provide a streamlined process for the management of accumulated sediment removed from storm water management structures in a manner that protects public health, safety and the environment and reduces the need to dispose of accumulated sediment in landfills. This chapter is adopted under authority of s. 227.11, Stats., and ch. 289, Stats. NR 528.01 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09. NR 528.02(1)(1) Except as otherwise provided, this chapter governs the management of accumulated sediment from storm water management structures. NR 528.02(2)(2) This chapter applies to a sediment manager who is required or authorized to undertake the removal and subsequent management of the accumulated sediment derived from the operation and maintenance of storm water management structures. NR 528.02(3)(3) This chapter does not apply to any of the following materials: NR 528.02(3)(a)(a) Sediment removed from underground structures such as catch basin sumps or other proprietary flow-through storm water sedimentation devices. NR 528.02(3)(d)(d) Sediment managed subject to the permit requirements of s. 30.20, Stats., for removal of material from beds of navigable waters or s. 30.30 or 30.31, Stats., for harbor improvements. NR 528.02 NoteNote: The sediment manager or environmental professional may use knowledge or testing in accordance with NR 662.011 to determine if the accumulated sediment is subject to chs. NR 660 to 679. In general, accumulated sediment is not subject to regulation under chs. NR 660 to 679. NR 528.02(3)(g)(g) Sediment removed from temporary sediment control practices during the construction phase of a project. NR 528.02(3)(j)(j) Materials associated with metallic mining operations for ferrous minerals as defined in s. 295.41 (26), Stats., including mining wastes as defined in s. 295.41 (30) and sediment from stormwater management structures, as regulated under subch. III of ch. 295, Stats. NR 528.02 NoteNote: Use of this code does not release the sediment manager from the requirement to obtain other permits as appropriate. Permits may include ch. NR 216, for land disturbance of one or more acres; ch. 30, Stats., for waterway and wetland activities such as dredging of ponds or culvert cleaning; and ch. 283, Stats., for general wastewater discharges such as Pit/Trench Dewatering and Carriage and Interstitial Water from Dredging Operations. NR 528.02 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; CR 13-057: cr. (3) (i), (j) Register July 2015 No. 715, eff. 8-1-15. NR 528.03NR 528.03 Definitions. The following definitions as well as the definitions in ch. 289, Stats., and s. NR 500.03 are applicable to the terms used in this chapter. NR 528.03(1)(1) “Accumulated sediment” means settleable solid material contained in storm water runoff that is collected, retained and subsequently removed from storm water management structures. NR 528.03(2)(2) “Commercial” means those buildings for which the primary function involves the sale of goods or services. NR 528.03 NoteNote: Section NR 538.03 (2) defines confined geotechnical fill to mean “a fill that is covered by an impervious surface such as concrete or asphalt.” NR 528.03(4)(4) “Dedicated sediment management sites” means sites designed and operated for multiple applications of accumulated sediment from one or more storm water management structures where the accumulated sediment is landspread or treated. NR 528.03(5)(5) “Drainage area” means the land area from which the storm water management structure receives runoff. NR 528.03(6)(6) “End use” or “end use of accumulated sediment” means use in agriculture, landscaping, site stabilization, construction, transportation projects, fill, backfill, reclamation of disturbed sites including mine reclamation, the placement of accumulated sediment and similar uses. NR 528.03(7)(7) “Environmental professional” means a professional engineer registered pursuant to s. 443.04, Stats., or a professional soil scientist, geologist or hydrologist licensed under ch. 470, Stats. NR 528.03(8)(8) “Forebay” means a pond-like structure that receives storm water prior to its entrance into the main portion of the pond with the purpose of removing coarse-grained sediment. NR 528.03(9)(9) “General fill” means a location where accumulated sediment is used as fill in a natural topographic depression, an excavation such as an existing borrow area or an intentional excavation or to build up or shape the local landscape. NR 528.03(10)(10) “Industrial” means those buildings used for the manufacture, storage or distribution of goods. NR 528.03(11)(11) “Institutional” means any public or private schools or colleges, churches, hospitals, or other government facilities not covered under commercial. NR 528.03(12)(12) “Landspreading of accumulated sediment” means the application of accumulated sediment in thin layers to the surface of the land or incorporation into subsurface soils. NR 528.03(13)(13) “Licensed landfill” means a solid waste disposal facility with a license obtained pursuant to ch. 289, Stats. NR 528.03(14)(14) “Multi-family residential” means housing for three or more attached dwelling units in a single building. NR 528.03(15)(15) “Sediment manager” means any person with responsibility for the management of the accumulated sediment and may include those holding fee title, an easement or other interest in a property, or their agent including contractors or subcontractors and others required or authorized to undertake removal and subsequent management of accumulated sediment, including data gathering, reporting and recordkeeping. NR 528.03(16)(16) “Storm water management structure” means a device that detains, retains and treats storm water runoff resulting in the accumulation of sediment, and pollutants carried in the runoff. Such structures are characterized by having an outlet that discharges to waters of the state but only in response to storm events and includes wet and dry detention ponds and infiltration basins but not landscape ponds on private property with no designed inlet or outlet. NR 528.03(17)(17) “Waters of the state” means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person. NR 528.03 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09. NR 528.04NR 528.04 Locational criteria, performance standards, erosion control measures and ceiling levels. The sediment manager shall ensure that the management option selected for the accumulated sediment is implemented in accordance with all of the following applicable criteria: NR 528.04(1)(a)(a) Except as provided in par. (b), a site where accumulated sediment is used or deposited shall meet the locational criteria in Table 1. NR 528.04(2)(a)(a) No person may use or dispose of accumulated sediment at a site if there is a reasonable probability that the sediment end use will cause any of the following: NR 528.04(2)(a)4.4. A detrimental effect on groundwater quality that will cause or exacerbate an exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. The point of standards application is defined by s. NR 140.22 (1). NR 528.04(2)(b)(b) The accumulated sediment end use shall comply with all applicable department approvals, federal, state and local requirements and be conducted in accordance with this subsection. NR 528.04 NoteNote: Compliance with this section does not release the sediment manager from the requirement to obtain other permits as appropriate. Permits may include ch. NR 216, for land disturbance of one or more acres; ch. 30, Stats., for waterway and wetland activities such as dredging of ponds or culvert cleaning; and ch. 283, Stats., for general wastewater discharges such as Pit/Trench Dewatering and Carriage and Interstitial Water from Dredging Operations. NR 528.04(3)(3) Erosion control measures. The sediment manager shall ensure that measures are taken to control run-on and runoff, minimize the area disturbed by the project, minimize loss of fugitive dust and retain sediment on the site during and after the placement of the accumulated sediment. Runoff control measures shall be effectively inspected and maintained. Any area where topsoil is exposed shall be seeded and mulched or otherwise stabilized within 48 hours of placement. Where applicable, the requirements in ch. NR 216 shall be followed. NR 528.04(4)(4) Ceiling levels. If the sample results obtained in accordance with s. NR 528.06 (3) (b) exceed any of the ceiling levels listed in Table 2, the sediment manager shall ensure that the accumulated sediment is disposed of in a licensed landfill. Table 1
Locational Criteria for Management of Accumulated Sediment
Table 2
Ceiling Levels Governing Management of Accumulated Sediment
NR 528.04 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09. NR 528.05(1)(1) The sediment manager shall determine from the options listed in s. NR 528.07 an appropriate end use for the accumulated sediment based on consideration of all of the following factors: NR 528.05(1)(b)(b) Completion and evaluation of the appropriate portions of the certification form supplied by the department. NR 528.05(1)(d)(d) Factors specific to the site proposed for end use of the accumulated sediment. NR 528.05(1)(e)(e) Any other factors relevant to the minimization of risk to public health, safety or the environment. NR 528.05(2)(2) No sediment may be used in a manner which is likely to cause any significant risk to public health, safety or the environment. NR 528.05 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09. NR 528.06NR 528.06 Sediment evaluation, certification requirements and end use determination. Except in cases where the accumulated sediment will be disposed of in a licensed landfill, the sediment manager shall evaluate the characteristics of the drainage area from which the accumulated sediment is removed, sample the accumulated sediment, where applicable, evaluate the sample results, choose an end use and create and maintain a record by completing the required certification form as set out in this section.
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