Section 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.

(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.

(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.

(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.

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.

(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.

(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.

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

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] . Microsoft Windows NT 6.1.7601 Service Pack 1 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 Microsoft Windows NT 6.1.7601 Service Pack 1 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). Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Additional parameters may include priority pollutants or TCLP constituents. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Technical support resources provided by the department may be referred to for assistance in evaluating the data when addressing elevated levels of contaminants. Microsoft Windows NT 6.1.7601 Service Pack 1