Chapter NR 528

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

Soil Factors for Site Evaluation

1 Obtain from soil survey, not in-field test

2 Acceptable only when incorporated

3 Acceptable only with increased site management determined by the sediment manager

NR 528.07(4)(c) (c) Nutrient content. The nitrogen and phosphorous content shall be provided to the receiver of the accumulated sediment if the receiver has a nutrient management plan for the acreage where the accumulated sediment will be landspread.

NR 528.07 Note Note: Farmers required to follow a nutrient management plan need information on nutrient content in order to comply with NRCS Standard 590 available at: http://efotg.nrcs.usda.gov/references/public/WI/590.pdf.

NR 528.07(4)(d) (d) Uniform application. The application of accumulated sediment to the land surface shall be uniform when surface applied, as well as during injection or incorporation.

NR 528.07(4)(e) (e) Application limitations. Accumulated sediment may not be applied under any of the following situations:

NR 528.07(4)(e)1. 1. On frozen or saturated ground.

NR 528.07(4)(e)2. 2. When precipitation capable of producing runoff is forecast within 24 hours of the time of planned application, during or immediately after a precipitation event.

NR 528.07(4)(e)3. 3. On slopes greater than 6%.

NR 528.07(4)(f) (f) Pathogens. 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., the following management practices shall be implemented:

NR 528.07(4)(f)1. 1. At a minimum, accumulated sediment shall be incorporated into the surface soil to a depth of at least 6 inches by disking or an equivalent process and may include other measures such as signage, restriction on site access or other appropriate measures.

NR 528.07(4)(f)2. 2. The following waiting periods and access restrictions shall apply beginning on the date when the landspreading activity is completed:

NR 528.07(4)(f)2.a. a. When lands are used for the production of forage crops, landspreading shall occur only after harvest has occurred and before any new growth reaches 6 inches.

NR 528.07(4)(f)2.b. b. When lands are used for food crops intended for human consumption, a period of at least 14 months shall elapse prior to emergence of the food crop.

NR 528.07(4)(f)2.c. c. When lands are used for grazing, at least 30 days shall elapse prior to allowing access to non-dairy animals and at least 60 days shall elapse before allowing access to dairy animals.

NR 528.07(4)(f)2.d. d. When lands are subject to public access or used for the harvest of crops grown for fiber or any other forage or crop production, not covered in this subd. 2. a. to c., a period of at least 30 days shall elapse before the site may be accessed or used.

NR 528.07(5) (5) Dedicated sediment management site. The end use of landspreading or sediment treatment at a dedicated management site may be chosen if the sites are owned or leased by a municipality or other responsible unit of government. The sediment manager shall assume any additional site management, site monitoring and recordkeeping responsibilities that are necessary to minimize risk to public health, safety and the environment.

NR 528.07(5)(a) (a) When sediment is used at a dedicated site, the sediment manager shall ensure that the appropriate portions of the certification form provided by the department are completed. Based on the information obtained in accordance with s. NR 528.06, the sediment manager may choose to use the accumulated sediment for productive purposes including the growth of herbaceous or woody plants for harvest or for treatment to reduce contaminants in the accumulated sediment in accordance with this subsection.

NR 528.07(5)(b) (b) All of the following restrictions shall apply to dedicated sediment management sites:

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.