NR 528.04(2)(a)1. 1. A significant adverse impact on wetlands as defined in ch. NR 103.

NR 528.04(2)(a)2. 2. A take of an endangered or threatened species prohibited by s. 29.604, Stats.

NR 528.04(2)(a)3. 3. A detrimental effect on any surface water.

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 Note Note: 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

- See PDF for table

Table 2

Ceiling Levels Governing Management of Accumulated Sediment

- See PDF for table

NR 528.04 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.

NR 528.05 NR 528.05 Management decisions.

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)(a) (a) Evaluation of sediment sample data in s. NR 528.06 (4).

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)(c) (c) Factors specific to the site where sediment is generated as identified in s. NR 528.06 (3) (b) 5.

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 History History: CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.

NR 528.06 NR 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 Note Note: 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, [phone], [e-mail].

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.