Section 528.02. Applicability.

 

(1)  Except as otherwise provided, this chapter governs the management of accumulated sediment from storm water management structures.

(2)  This chapter applies to a sediment manager who is required or authorized to undertake the removal and subsequent management of the accumulated sediment derived from the operation and maintenance of storm water management structures.

(3)  This chapter does not apply to any of the following materials:

(a) Sediment removed from underground structures such as catch basin sumps or other proprietary flow-through storm water sedimentation devices.

(b) Sediment removed from waste water treatment devices regulated under s. SPS 382.34 .

(c) Material collected through street sweepings.

(d) Sediment managed subject to the permit requirements of s. 30.20 , Stats., for removal of material from beds of navigable waters or s. 30.30 or 30.31 , Stats., for harbor improvements.

(e) Hazardous waste regulated under chs. NR 660 to 679 .

(f) Solid waste regulated under chs. NR 518 and 538 .

(g) Sediment removed from temporary sediment control practices during the construction phase of a project.

(h) Contaminated soils regulated under chs. NR 700 to 722 .

(i) Metallic mining operations for nonferrous minerals as defined in s. 293.01 (9) , Stats., and regulated under ch. NR 182 .

(j) Materials associated with metallic mining operations for ferrous minerals as defined in s. 295.41 (26) , Stats., including mining wastes as defined in s. 295.41 (30) and sediment from stormwater management structures, as regulated under subch. III of ch. 295 , Stats.

History: CR 08-111 : cr. Register November 2009 No. 647 , eff. 12-1-09; correction in (3) (b) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 ; CR 13-057 : cr. (3) (i), (j) Register July 2015 No. 715 , eff. 8-1-15.

Note

Note: The sediment manager or environmental professional may use knowledge or testing in accordance with NR 662.011 to determine if the accumulated sediment is subject to chs. NR 660 to 679 . In general, accumulated sediment is not subject to regulation under chs. NR 660 to 679 . Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Use of this code 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. Microsoft Windows NT 6.1.7601 Service Pack 1