Current through August 26, 2024
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.
(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.
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, (608) 266-2111, DNRwastematerials@Wisconsin.gov.
(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:
(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.
(b) Has no areas of
suspected contamination that may adversely affect sediment
management.
(c) Has no other
existing conditions or known historical events that may adversely affect
sediment management.
(d) Has no
reported hazardous substance spills regulated under s.
292.11,
Stats., since construction or since accumulated sediment was last
removed.
(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.
(a)
Sample collection.
Representative accumulated sediment samples shall be obtained by meeting all of
the following criteria:
1. Samples shall be
obtained using proper handling, storage and delivery procedures required by the
laboratory where the samples will be analyzed.
2. Samples shall be obtained that are
representative of the entire volume of sediment to be removed and managed using
all of the following:
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.
b. At least one sample per
quadrant shall be obtained when the storm water management structure is greater
than 4 acres.
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.
d. Samples shall be taken to the depth of the
anticipated sediment removal.
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.
Note: 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
(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:
1. Percent solids, percent organic matter,
electrical conductivity as a saturated paste and pH to provide information on
physical characteristics.
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.
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.
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.
Note: 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).
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:
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.
b.
Any other known or suspected sources of contamination.
c. Existing conditions or known historical
events that may affect the likelihood of safe sediment management.
d. Reported hazardous substance spills under
s.
292.11,
Stats., in the drainage area since construction or since accumulated sediment
was last removed.
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.
f.
Any other applicable administrative code requirements.
Note: Additional parameters may include priority pollutants
or TCLP constituents.
(c)
Oversight. Sample
collection and evaluation pursuant to this subsection shall be performed by or
under the supervision of an environmental professional.
(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:
(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.
(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.
(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.
Note: Technical support resources provided by the department
may be referred to for assistance in evaluating the data when addressing
elevated levels of contaminants.
(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:
(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).
(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.
(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.
(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.
