Current through August 26, 2024
The sediment manager shall ensure that an end use is chosen
for the accumulated sediment in accordance with this section.
(1) LICENSED LANDFILL DISPOSAL.
(a) If the sediment manager determines that
the accumulated sediment will be disposed of in a licensed landfill, the
sediment does not need to be evaluated or sampled under s.
NR 528.06.
Note: The landfill operator should be contacted to determine
whether the landfill requires the sediment be sampled before it is accepted at
the landfill. The sediment may be appropriate for use as daily or final cover
in accordance with the landfill's approved plan of operation.
(b) 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.
(2) GENERAL FILL.
(a) The accumulated sediment may be used as
general fill in a designed excavation or to improve a site by restoring
original contours, filling depressions, improving or stabilizing borrow areas
or other disturbed sites.
Note: Examples of uses may include reclamation of abandoned
mines, fill in a topographic depression, or other uses that build up or shape
the local landscape, mitigate safety or erosion hazards or otherwise improve
disturbed sites.
(b) All of
the following steps shall be taken to stabilize the site:
1. Complete placement and preparation of the
sediment and any needed topsoil, substitute soil or cover material within 6
months or less of initiating placement in the project year.
2. Stabilize the cover, topsoil, substitute
soil or sediment to prevent erosion due to wind and water, perform all
revegetation, mulching or other equivalent stabilization activities prior to
the end of the growing season and minimize the exposure of the sediment to the
environment by employing one or more of the following measures:
a. Place an impermeable cover.
b. Place a topsoil layer of no less than 6
inches.
c. Use the accumulated
sediment in lieu of or in combination with topsoil, provided it is capable of
supporting a vegetative cover.
3. Revegetate, mulch or otherwise stabilize
the sediment within 48 hours of completing the sediment disposal.
(c) Control erosion during and
after the placement of sediment in accordance with s.
NR 528.04(3).
(3) CONFINED GEOTECHNICAL FILL. The
accumulated sediment may be used as confined geotechnical fill for a variety of
uses such as subbase under paved lots and subbase or subgrade for building
construction.
Note: Examples of confined geotechnical fill uses may include
construction and maintenance of non-department of transportation projects,
bridge abutment backfill or other similar uses in which the sediment is covered
by an impervious surface such as concrete, asphalt, a building or similar
material and thus not exposed to the environment.
(4) LANDSPREADING. The sediment manager shall
ensure that the appropriate sections of the certification form provided by the
department are completed and the other requirements in s.
NR 528.06 are complied with. When landspreading the
accumulated sediment, all of the following shall apply:
(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.
(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.
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.
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
|
Soil
Factor1
|
Acceptability for Landspreading Accumulated
Sediment
|
|
Unacceptable
|
Poor
|
Adequate
|
Preferred
|
|
pH standard units
|
Less than 5.3 or greater than 8.0
|
5.3 to 5.6 or 7.7 to 7.9
|
5.7 to 5.9 7.3 to 7.6
|
6.0 to 7.2
|
|
Texture
|
Silty clay2,
clay2,
sand3, loamy
sand3
|
Sandy loam, silty clay loam, sandy clay
|
Loam, silt loam, silt, clay loam, sandy clay
loam
|
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
(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.
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.
(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.
(e)
Application limitations. Accumulated sediment may not be
applied under any of the following situations:
1. On frozen or saturated ground.
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.
3. On slopes greater than 6%.
(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:
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.
2. The
following waiting periods and access restrictions shall apply beginning on the
date when the landspreading activity is completed:
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.
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.
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.
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.
(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.
(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.
(b) All of the following restrictions shall
apply to dedicated sediment management sites:
1. The locational criteria in s.
NR 528.04(1) shall be met.
2. The sediment shall be applied to a depth
of 18 inches or less below ground surface.
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.
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.
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.
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.
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.
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.
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.
(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.
(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.
(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.
(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:
1. The volume of accumulated sediment to be
managed is 100 cubic yards or less.
2. No more than 15% of the material, as a
percentage by weight, passes a No. 200 sieve.
(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.
(c) The sediment manager shall maintain
responsibility for managing the accumulated sediment.
(d) The sediment manager shall retain records
in accordance with s.
NR 528.08.
(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).
(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.
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.
(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.
