Rule for Storm Water Sediment Management

Purpose and Need

A Technical Advisory Committee (TAC) was formed to advise the department in developing a rule that addresses management of sediment accumulating in stormwater management ponds. Because the sediment removed during maintenance of these ponds is a solid waste it is subject to solid waste rules, ch. NR 500, Wis. Adm. Code, and covered by the department's solid waste program. Maintenance of the ponds and sediment management is important to both the Watershed Management and Waste and Materials Management programs. Although the DNR has regulatory responsibility, existing procedures are not well defined. The ideal approach would balance regulatory costs and environmental risk. The department has worked with the TAC to develop a regulatory approach that is consistent, cost effective, appropriately streamlined and protective of the public health and the environment. The proposed new chapter will be NR 528.

Process and Timeline

In the spring of 2007, the department approved commencing work with the TAC to develop draft rule language. The TAC met twice in 2007 as well as in January and April of 2008. On December 10, 2008, the Natural Resources Board (NRB) granted approval for the department to hold public hearings in February 2009 on proposed NR 528. Following the hearings the department considered comments received, developed final rule language with input from the TAC and presented it to the NRB for adoption on June 24, 2009. Once chapter NR 528 is published, the department will provide outreach and suitable technical resource documents to support implementation of the rule.

Next Steps

Develop Technical Resource Documents

The Natural Resources Board approved adoption of NR 528 at their June 24, 2009 meeting in New Richmond. The Department is developing outreach and technical resource documents to support the rule. This information will be made available on this Web page when the rule becomes effective, on December 1, 2009.

To review a copy of the proposed rule go to pages 5 - 17 of the following document NR 528 Rule Order for Adoption [PDF 88KB]

Additional Information

The proposed rule should not be used directly until it is promulgated on December 1, 2009. However, while it cannot be used as the basis for any review decisions, it can provide a template to promote a consistent approach in making risk based evaluations of sediment management options. The proposed rule contains common elements that would need to be considered in any sediment project. If you have questions about NR 528, please contact Tom Portle (608) 267-0877 or Jack Connelly (608) 267-7574.

Advisory Committee Members

Members of the Accumulated Sediment Technical Advisory Committee are:

Jim Bachhuber, Earth Tech
Jeremy Balousek, Dane County Land Conservation
Lynita Docken, Department of Commerce
Greg Fries, City of Madison
Lorie Grant, River Alliance of Wisconsin
Paul Kent, Municipal Environmental Group
Thomas Marquardt, Wisconsin Towns Association
Jim McMillan, Department of Administration
Pat Stevens, Wisconsin Builders Association

Committee Meetings

Last Revised: Wednesday October 28 2009