Section NR 528.04 - Locational criteria, performance standards, erosion control measures and ceiling levelsThe sediment manager shall ensure that the management option selected for the accumulated sediment is implemented in accordance with all of the following applicable criteria:
(1) LOCATIONAL CRITERIA.(a) Except as provided in par. (b), a site where accumulated sediment is used or deposited shall meet the locational criteria in Table 1.(b) The locational criteria in Table 1 do not apply to sediment from a drainage area that meets all the criteria in s. NR 528.06(2) or to sediment used in an end use in accordance with s. NR 528.07(3) or to sediment managed under s. NR 528.07(7).(2) PERFORMANCE STANDARDS. (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: 1. A significant adverse impact on wetlands as defined in ch. NR 103.2. A take of an endangered or threatened species prohibited by s. 29.604, Stats.3. A detrimental effect on any surface water.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).(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. 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.
(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.(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
| Bedrock or Groundwater Table | Public Water Supply Well | Private Water Supply Well | Lake, Wetland, Pond or Any Navigable Waterway or Sinkhole | Residence | School, Health-care Facility |
Separation Distance in Feet | 3 | 1,200 | 250 | 200 | 250 | 1,0001 surface spread 500 incorporated |
1 The 1,000 foot separation applies when the pathogen or indicator or ganism level exceeds the criteria specified in s. NR 204.07(6) and application to the surface of the land is the desired management option; if incorporated into the soil, then 500 feet is appropriate. However , if the pathogen or indicator or ganism level is below the criteria, the setback distance for a residence may be used.
Table 2
Ceiling Levels Governing Management of Accumulated Sediment
Parameter | Ceiling Level ppm or mg/kg on a dry weight basis unless otherwise specified |
Total Arsenic | 8 |
Total Cadmium | 10 |
Total Chromium | 100 |
Total Lead | 250 |
pH | Less than 5 or greater than 10 standard units |
Electrical conductivity | 8 deciSiemens/meter (dS/m)1at 25oC |
1 deciSiemens/meter (dS/m) and mmhos per centimeter are equivalent; dS/m is the modern nomenclature
Wis. Admin. Code Department of Natural Resources § NR 528.04
CR 08-111: cr. Register November 2009 No. 647, eff. 12-1-09.