NR 528 Rule for Accumulated Sediment from Storm Water Management Ponds

In response to increasing sediment in storm water ponds and lack of an established process to regulate sediment removal and use, the DNR has developed an innovative new rule to help those who own storm water ponds manage the removal and use of sediment from those ponds. NR 528 Management of Accumulated Sediment from Storm Water Management Structures (NR 528) was approved by the Natural Resources Board in June 2009. The rule establishes a self-implementing system for sediment removal and use. The rule became effective December 1, 2009. To review NR 528, Wis. Adm. Code [exit DNR].

History of the Rule

Prior to the development of NR 528 there was no consistent process for dealing with the sediment removed from storm water ponds. Those wishing to use accumulated sediment rather than taking it to a landfill had to pay a fee, submit a request for an exemption and obtain an approval from the Department.

Storm water pond needing sediment removal.
Photo: WDNR Photo

In 2007 the Department convened a technical advisory team made of members involved in storm water management across the state. The team met five times over the course of two years to help the Department draft a rule that would consistently guide the removal and use of storm water pond sediment. The rule went through a process of public and Natural Resource Board review and was approved by the board in June 2009.

The final rule is an innovative approach requiring no fee and using a self-regulating system. This approach should streamline the process of managing storm water sediment while also protecting human and environmental health.

Who is Affected?

Anyone with responsibility for a storm water pond or other storm water management structure should understand NR 528 and how it affects them. The rule covers wet and dry detention ponds and infiltration basins but not landscape ponds on private property.

What do I Need to Know?

If you manage a storm water pond affected under NR 528, the process to manage the removal and use of the accumulated sediment from your pond is simple.

First, you will need to fill out an electronic certification form - 4400-248 [PDF 173KB].

Worksheets included in this form will direct you to the appropriate level of certification necessary to comply with NR 528. Many users will only need to select an appropriate end use for accumulated sediment and sign the form. In certain cases, sediment from ponds will need to be sampled before being used. In these cases, an environmental professional must sample the sediment, determine an appropriate end use and sign the certification form.

NR 528 requires no fee and no paperwork other than the certification form. Sediment managers should keep a copy of their certification form to document the steps taken and end use chosen.

To help you comply with NR 528, Department staff have prepared a guidance document [PDF 285KB] outlining the steps required under the new rule. If you need further assistance, contact the solid waste contact in your region or Tom Portle (608) 267-0877 or Jack Connelly (608) 267-7574. Contact Tom or Jack if you would like a copy of the presentation summarizing NR 528. A PDF copy of this presentation is provided under "Quick Links" below.

Quick Links

Feedback Requested

The DNR is requesting your comments and suggestions for any improvements to the Accumulated Sediment End Use Certification Form and the Technical Guidance Document, both listed in the Quick Links above, after you have had a chance to use them. Based on the comments and suggestions received during 2010, the DNR will make appropriate modifications. We are particularly interested in receiving input on the form and the methods for determining when data indicates elevated levels of contaminants. Please send any comments to DNR Waste Materials@Wisconsin.gov

Last Revised: Thursday September 29 2011