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(3)(b)4.4. Pathogen or indicator organism, as referenced in ss. NR 204.06 (2) (b) 4. or 204.07 (6), showing the potential presence of other pathogens and possible need for additional pathogen sampling and analysis.
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.b.b. Any other known or suspected sources of contamination.
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(3)(b)5.f.f. Any other applicable administrative code requirements.
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 528.07End 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)(1)Licensed landfill disposal.