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. NR 528.06(1)(1) Certification form. The sediment manager shall ensure that the applicable portions of the certification form supplied by the department are accurately and completely filled out and certified. NR 528.06 NoteNote: Copies of the certification form may be obtained from the department of natural resources, bureau of waste and materials management, 101 South Webster Street, Natural Resources Building, P.O. Box 7921, Madison, Wisconsin 53707-7921, (608) 266-2111, DNRwastematerials@Wisconsin.gov. NR 528.06(2)(2) Drainage area evaluation. The sediment manager shall certify in accordance with sub. (1) whether or not the drainage area meets all of the following criteria: NR 528.06(2)(a)(a) Has less than 15% commercial, multi-family residential, institutional and industrial land uses combined, excluding green space such as parks, cemeteries, golf courses and lawns. NR 528.06(2)(b)(b) Has no areas of suspected contamination that may adversely affect sediment management. NR 528.06(2)(c)(c) Has no other existing conditions or known historical events that may adversely affect sediment management. NR 528.06(2)(d)(d) Has no reported hazardous substance spills regulated under s. 292.11, Stats., since construction or since accumulated sediment was last removed. NR 528.06(3)(3) Sampling. If the drainage area does not meet the criteria in sub. (2), the sediment manager shall ensure that the sediment is properly sampled and analyzed, each time, prior to its removal from the storm water management structure. Routine sediment sampling and handling shall be performed in accordance with par. (a). Sediment sample analysis shall be performed in accordance with par. (b). All sediment sampling, handling and analysis shall be performed under the supervision of an environmental professional in accordance with par. (c). The sediment manager may elect to use previous sampling results in lieu of new sediment sampling and analysis if the drainage area has not changed significantly since the sediment was last tested. NR 528.06(3)(a)(a) Sample collection. Representative accumulated sediment samples shall be obtained by meeting all of the following criteria: NR 528.06(3)(a)1.1. Samples shall be obtained using proper handling, storage and delivery procedures required by the laboratory where the samples will be analyzed. NR 528.06(3)(a)2.2. Samples shall be obtained that are representative of the entire volume of sediment to be removed and managed using all of the following: NR 528.06(3)(a)2.a.a. One sample shall be obtained in each surface acre or portion of a surface acre in storm water management structures that are 4 acres or less. This sample may consist of multiple samples composited together to obtain a representative sample. NR 528.06(3)(a)2.b.b. At least one sample per quadrant shall be obtained when the storm water management structure is greater than 4 acres. NR 528.06(3)(a)2.c.c. A greater number of samples shall be obtained when necessary to represent the variability in the sediment due to factors such as sediment transport within the structure, changes in land use in the drainage area and the duration of time during which the sediment has been accumulating. NR 528.06(3)(a)3.3. Samples shall be obtained to provide a volume of sediment adequate to meet the analytical requirements based on the parameters to be analyzed for and the methods of analysis to be performed by the laboratory where the samples will be analyzed. NR 528.06 NoteNote: Additional information on how to perform sediment sampling can be found in existing USEPA Guidance for its Biosolids Rule, CFR Part 503. Please see Methods and Manner of Sampling. http://www.epa.gov/owm/mtb/biosolids/ 503pe/503pe_6.pdf NR 528.06(3)(b)(b) Sample analysis. Samples collected in par. (a) shall be analyzed for all of the constituents in this paragraph. Constituents listed in subds. 3. and 5. shall be analyzed at a laboratory certified or registered in accordance with ch. NR 149: NR 528.06(3)(b)1.1. Percent solids, percent organic matter, electrical conductivity as a saturated paste and pH to provide information on physical characteristics. NR 528.06(3)(b)2.2. Total Kjeldahl nitrogen, total nitrate nitrogen, total phosphorus and total potassium to provide information on nutrient content. Nutrient content shall be expressed as mg/kg on a dry weight basis. NR 528.06(3)(b)3.3. Total arsenic, cadmium, copper, chromium, lead, nickel and zinc to ensure these are not present at elevated levels and as indicator parameters showing the potential presence of other heavy metals and possible need for additional sampling. Results shall be calculated on a dry weight basis. NR 528.06 NoteNote: Effective with the incorporation of this rule, the current pathogen indicator organism is fecal coliform. The maximum allowable density is 1,000 expressed as MPN/gTS (most probable number per gram of total solids on a dry weight basis).
NR 528.06(3)(b)5.5. Additional parameters beyond those required under subds. 1. to 4. if deemed necessary by the sediment manager based on all of the following factors: NR 528.06(3)(b)5.a.a. The present and past land uses in the drainage area served by the storm water management structure such as commercial, multi-family residential, institutional and industrial. NR 528.06(3)(b)5.c.c. Existing conditions or known historical events that may affect the likelihood of safe sediment management. NR 528.06(3)(b)5.d.d. Reported hazardous substance spills under s. 292.11, Stats., in the drainage area since construction or since accumulated sediment was last removed. NR 528.06(3)(b)5.e.e. Sample data indicating significantly elevated levels of contaminants above background concentrations for indicator parameters in subds. 3. and 4. that may affect management in s. NR 528.05. NR 528.06 NoteNote: Additional parameters may include priority pollutants or TCLP constituents.
NR 528.06(3)(c)(c) Oversight. Sample collection and evaluation pursuant to this subsection shall be performed by or under the supervision of an environmental professional. NR 528.06(4)(4) Sediment sample data evaluation. The sediment manager shall ensure that the sediment sample data collected in accordance with sub. (3) (b) 1. to 4. are evaluated by an environmental professional in accordance with sub. (3) (c) and compared with the ceiling levels in s. NR 528.04 (4) Table 2 and, based on the results of the evaluation, that all of the following applicable steps are taken: NR 528.06(4)(a)(a) If any of the ceiling levels in s. NR 528.04 (4) Table 2 are exceeded, the accumulated sediment shall be disposed of in a licensed landfill. NR 528.06(4)(b)(b) If the indicator parameter levels do not exceed the ceiling levels in s. NR 528.04 (4) Table 2, but show elevated levels of contaminants, follow-up sampling shall be performed in accordance with sub. (3) (b) 5., results evaluated, an appropriate end use determined in accordance with sub. (5) and the certification form supplied by the department completed. NR 528.06(4)(c)(c) If the indicator parameter levels do not indicate elevated levels of contaminants, the sediment manager shall ensure that an appropriate end use is determined in accordance with sub. (5) and the certification form supplied by the department is completed. NR 528.06 NoteNote: Technical support resources provided by the department may be referred to for assistance in evaluating the data when addressing elevated levels of contaminants.
NR 528.06(5)(5) End use determination. The sediment manager shall ensure that the appropriate end use of accumulated sediment is determined using all of the following applicable steps: NR 528.06(5)(a)(a) The sediment manager shall complete the appropriate sections of the certification form provided by the department and certify whether or not the drainage area from which the sediment is removed meets the criteria in sub. (2). NR 528.06(5)(b)(b) If all the criteria in sub. (2) are met, the sediment is not required to be sampled and the locational criteria in s. NR 528.04 (1) are not required to be met. NR 528.06(5)(c)(c) If the criterion in sub. (2) (a) is not met, but the criteria in sub. (2) (b) to (d) are met, the sediment shall be sampled pursuant to sub. (3) and the appropriate sections of the certification form provided by the department shall be completed. If the sample data indicates elevated levels of contaminants, additional parameters shall be sampled for in accordance with sub. (3) (b) 5. and the appropriate sections of the certification form provided by the department shall be completed. NR 528.06(5)(d)(d) If the criteria in sub. (2) (b), (c) or (d) are not met, sources of contamination in the drainage area shall be further evaluated, additional sampling shall be considered in accordance with sub. (3) (b) 5. and the appropriate sections of the certification form provided by the department shall be completed. NR 528.06 HistoryHistory: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09. NR 528.07NR 528.07 End uses of accumulated sediment. The sediment manager shall ensure that an end use is chosen for the accumulated sediment in accordance with this section. NR 528.07(1)(a)(a) If the sediment manager determines that the accumulated sediment will be disposed of in a licensed landfill, the sediment does not need to be evaluated or sampled under s. NR 528.06. NR 528.07 NoteNote: The landfill operator should be contacted to determine whether the landfill requires the sediment be sampled before it is accepted at the landfill. The sediment may be appropriate for use as daily or final cover in accordance with the landfill’s approved plan of operation.
NR 528.07(1)(b)(b) If any of the ceiling levels in s. NR 528.04 (4) Table 2 are exceeded, the accumulated sediment shall be disposed of in a licensed landfill. NR 528.07(2)(a)(a) The accumulated sediment may be used as general fill in a designed excavation or to improve a site by restoring original contours, filling depressions, improving or stabilizing borrow areas or other disturbed sites. NR 528.07 NoteNote: Examples of uses may include reclamation of abandoned mines, fill in a topographic depression, or other uses that build up or shape the local landscape, mitigate safety or erosion hazards or otherwise improve disturbed sites.
NR 528.07(2)(b)(b) All of the following steps shall be taken to stabilize the site: NR 528.07(2)(b)1.1. Complete placement and preparation of the sediment and any needed topsoil, substitute soil or cover material within 6 months or less of initiating placement in the project year. NR 528.07(2)(b)2.2. Stabilize the cover, topsoil, substitute soil or sediment to prevent erosion due to wind and water, perform all revegetation, mulching or other equivalent stabilization activities prior to the end of the growing season and minimize the exposure of the sediment to the environment by employing one or more of the following measures: NR 528.07(2)(b)2.c.c. Use the accumulated sediment in lieu of or in combination with topsoil, provided it is capable of supporting a vegetative cover. NR 528.07(2)(b)3.3. Revegetate, mulch or otherwise stabilize the sediment within 48 hours of completing the sediment disposal. NR 528.07(3)(3) Confined geotechnical fill. The accumulated sediment may be used as confined geotechnical fill for a variety of uses such as subbase under paved lots and subbase or subgrade for building construction. NR 528.07 NoteNote: Examples of confined geotechnical fill uses may include construction and maintenance of non-department of transportation projects, bridge abutment backfill or other similar uses in which the sediment is covered by an impervious surface such as concrete, asphalt, a building or similar material and thus not exposed to the environment.
NR 528.07(4)(4) Landspreading. The sediment manager shall ensure that the appropriate sections of the certification form provided by the department are completed and the other requirements in s. NR 528.06 are complied with. When landspreading the accumulated sediment, all of the following shall apply: NR 528.07(4)(a)(a) Site evaluation. The site where the accumulated sediment is proposed to be landspread shall be evaluated to ensure that the site is suitable. The site evaluation shall include the soil factors in Table 3 and may include assessment of organic matter content, cation exchange capacity, soil permeability and any other characteristics or factors that would affect the mobility and attenuation of pollutants present in the sediment. The site shall meet the locational criteria in s. NR 528.04 (1) Table 1. NR 528.07(4)(b)(b) Application rate and depth. The application rate of accumulated sediment may not exceed 5 dry tons per acre per year and may not exceed 15 dry tons per acre total loading during the life of the landspreading site. The depth of the application may not exceed 18 inches. NR 528.07(4)(b)1.1. Neither the 5 dry tons per acre per year application rate limitation or the 15 dry tons per acre landspreading site life limit apply when accumulated sediment is used as a component of a marketable soil amendment product pursuant to a contract or used to facilitate nonmetallic mine reclamation as part of an approved reclamation plan. NR 528.07(4)(b)2.2. The 5 dry tons per acre annual limit and the total loading limit of 15 dry tons per acre landspreading life may be adjusted based on soil sampling results, plant tissue monitoring data, landspreading site records or other data. All data necessary to justify the exceedances and extended use shall be collected and evaluated and all data and records shall be maintained in accordance with s. NR 528.08. Table 3
