Chapter NR 204

NR 204.03(37) (37) “Municipal solid waste landfill” means a discrete area of land or an excavation that is subject to the requirements in chs. NR 500 to 538 and is licensed to receive household waste, other wastes such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste. It does not include a land application site, surface disposal unit, surface impoundment, injection well or waste pile.

NR 204.03(38) (38) “Pathogens” means disease causing organisms. This includes, but is not limited to, certain bacteria, protozoa, viruses and viable helminth ova.

NR 204.03(39) (39) “PCBs” means polychlorinated biphenyls.

NR 204.03(40) (40) “Permeability” means the rate of the movement of liquid through the soil expressed in inches per hour.

NR 204.03(41) (41) “Person” means an individual, owner, operator, association, partnership, corporation, municipality, interstate agency, state agency or federal agency.

NR 204.03(42) (42) “Person who prepares sludge” means a generator.

NR 204.03(43) (43) “pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25° C or measured at another temperature and then converted to an equivalent value at 25° C.

NR 204.03(44) (44) “POTW” or “publicly owned treatment works” means a treatment works which is owned by a public entity and any sewers that convey wastewater to the treatment works. This definition includes any device or system used by a municipality in the storage, treatment, recycling and reclamation of municipal sewage, sludge or liquid industrial waste.

NR 204.03(45) (45) “Privately owned domestic wastewater treatment works” means a facility which has a permit under ch. 283, Stats., and which treats domestic wastewater or sludge and which is owned and operated by non-municipal entity or enterprise such as a mobile home park, restaurant, hotel, motel or country club.

NR 204.03(46) (46) “Public contact site” means land with a high potential for contact by the public. This includes sites such as public parks, ball fields, plant nurseries, turf farms and golf courses.

NR 204.03(47) (47) “Recreation area” means a designated area clearly identified for the purpose of providing an opportunity for recreational activity.

NR 204.03(48) (48) “Reclamation site” means drastically disturbed land that is reclaimed using sewage sludge. This includes sites such as strip mines and construction sites.

NR 204.03(49) (49) “Recycling” means the beneficial reuse of sludge through land application, composting or other approved method that returns organic matter or nutrients to the soil, or creates a useful product.

NR 204.03(50) (50) “Research plots” means an area of land approved by the department and designed and operated by a qualified person to investigate questions pertaining to land application and uses of sludge.

NR 204.03(51) (51) “Restricted public access” means private property or the limiting of entry, for a period of time, by means such as signs or traditional agricultural fencing or other department approved method.

NR 204.03(52) (52) “School” means a public or private educational facility in which a program of educational instruction is provided to children or adults in any grade or grades from pre-school through the university level.

NR 204.03(53) (53) “Screenings” means the coarse sewage solids collected from devices such as gratings, wire mesh or perforated plates.

NR 204.03(54) (54) “Set aside land” or “acreage conservation reserve” means the agricultural land which is taken out of crop production on an annual basis for the purposes of conservation and to reduce the acreage planted of a particular crop.

NR 204.03(55) (55) “Sewage sludge” or “sludge” or “biosolids” means the solid, semi-solid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes scum or solids removed in primary, secondary or advanced wastewater treatment processes and material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.

NR 204.03 Note Note: All 3 terms defined here are interchangeable and recognized by the department, as they are all in common use.

NR 204.03(56) (56) “Site” means any property used for recycling, disposal or storage of sludge and may be divided into fields.

NR 204.03(57) (57) “Soil” means the unconsolidated material which overlies bedrock.

NR 204.03(58) (58) “Soil compaction” means the degree of compaction to a soil at which its infiltration capacity, permeability and ability to function as a medium for plant growth is impeded.

NR 204.03(59) (59) “Soil conservation practice” means a measure used to retain surface water and soil on agricultural fields, including contour strip cropping, terracing, grassed waterways or plant residue management practices.

NR 204.03(60) (60) “Soil pH” means the pH of the soil in the plow layer as measured in water by a pH meter with a glass electrode or by using another department approved procedure.

NR 204.03(61) (61) “Specific oxygen uptake rate” or “SOUR” means the mass of oxygen consumed per unit time per unit mass of total solids on a dry weight basis.

NR 204.03(62) (62) “Stabilization of sludge” means any combination of chemical, physical, thermal or biological treatment processes which result in a significant reduction in the percentage of volatile solids or the specific oxygen uptake rate in the sludge.

NR 204.03(63) (63) “Surface disposal unit” means an area of land on which only sewage sludge, including exceptional quality sludge, is placed for final disposal. This does not include land or lagoons on which sewage sludge is either stored or treated, municipal solid waste landfills or land application sites.

NR 204.03(64) (64) “Surface water” means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, marshes, water courses, drainage systems and other surface water, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and completely retained upon the property of a facility.

NR 204.03(65) (65) “Threatened or endangered species” means those species defined in ch. NR 27.

NR 204.03(66) (66) “Total nitrogen” means the sum of nitrite, nitrate, ammonia and organic nitrogen.

NR 204.03(67) (67) “Total solids” means the materials in sewage sludge that remain as residue when the sewage sludge is dried at 103 to 105° Celsius.

NR 204.03(68) (68) “Treatment works” means a publicly or privately owned treatment works, centralized septage treatment facility, and treatment works owned by federal or state government.

NR 204.03(69) (69) “Unstabilized solids” means the organic materials in sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.

NR 204.03(70) (70) “Vector attraction” means the characteristics of sewage sludge that attract rodents, flies, mosquitos or other organisms capable of transporting infectious agents.

NR 204.03(71) (71) “Volatile solids” means the amount of the total solids in sewage sludge lost when the sewage sludge is combusted at 550° Celsius in the presence of excess air.

NR 204.03(72) (72) “Wetlands” means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.

NR 204.03(73) (73) “Wisconsin pollutant discharge elimination system permit” or “WPDES permit” or “permit” means a permit issued by the department under ch. 283, Stats., for the discharge of pollutants.

NR 204.03 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; correction in (37) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.

NR 204.04 NR 204.04 Exceptional quality sludge.

NR 204.04(1) (1) General. Exceptional quality sludge may be applied to lawns and home gardens as well as other sites allowed under this chapter. Exceptional quality sludge is considered not to pose any reasonably anticipated threat to public health or the environment, and is therefore exempt from many requirements of this chapter. However, due to possible adverse impacts that may occur if bulk exceptional quality sludge enters waters of the state, the use of this material should ensure that it remains on the land and certain requirements of this chapter are imposed for that purpose. The department may impose additional requirements on the use of bulk exceptional quality sludge, through the permit or sludge management plan, on a case-by-case basis if it is determined that misuse of the material is occurring and the misuse may have a deleterious impact on public health or the environment. A permit is not required for imported bulk or bagged exceptional quality sludge, but submittal of a sludge management plan is required of the person responsible for importing bulk exceptional quality sludge. The use or disposal of imported exceptional quality sludge shall comply with all the applicable provisions in this chapter.

NR 204.04(2) (2) Bulk restrictions. Application on frozen or snow covered ground of any bulk exceptional quality sludge shall be restricted to the same extent as all other sludge covered by ss. NR 204.07 (3) (L) and 204.11 (1).

NR 204.04(3) (3) Exemptions. The use of exceptional quality sludge is exempt from the following sections:

NR 204.04(3)(a) (a) Section NR 204.05 (4).

NR 204.04(3)(b) (b) Section NR 204.06 (6), (7), and (8).

NR 204.04(3)(c) (c) Section NR 204.07 (2), (3) (b) to (j), (n), and (o), and (8).

NR 204.04 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96; corrections in (2), (3) (a), (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.

NR 204.05 NR 204.05 Permit issuance.

NR 204.05(1) (1) General. A person that owns or operates a treatment works that generates sludge shall apply for a WPDES permit. The treatment works may not land apply or dispose of sludge unless the person who owns or operates the treatment works obtains a WPDES permit. A treatment works is ultimately responsible for the land application or disposal of sludge and is responsible for compliance with the terms of its WPDES permit and the requirements of this chapter.

NR 204.05(2) (2) Sludge mixtures and treatment.

NR 204.05(2)(a) (a) If a treatment works sends its sludge to another treatment or storage facility for final treatment prior to land application, and at that facility, the sludge is mixed with other materials such as, but not limited to another municipal sludge, industrial sludge, animal manure or septage, or if the characteristics of the sludge are altered in any other manner, the owner of the receiving facility shall apply for a separate WPDES permit and shall assume primary responsibility for compliance with this chapter.

NR 204.05 Note Note: In this situation, both the treatment works that generates sludge and the facility that alters the characteristics of the sludge for final use or disposal must apply for a permit. The terms in each permit that relate to sludge will not duplicate each other but rather, will complement each other to comply with this chapter.

NR 204.05(2)(b) (b) If the receiving facility is a farmer’s manure tank or lagoon and mixing of sludge and manure occurs in storage, that mixture shall comply with all requirements of this chapter. If the treatment works which originally generated the sludge, remains responsible for certifying that the mixture complies with the provisions of this chapter, the treatment works shall remain the sole permittee and retain full responsibility for compliance with their permit and this chapter.

NR 204.05(3) (3) Land appliers. If the owner or operator of a treatment works hires another person to land apply sludge, the land applier, as well as the treatment works, is responsible for compliance with applicable sections of this chapter. The treatment works is required to obtain a permit. However, the land applier does not need to obtain a WPDES permit unless the land applier is required to do so under sub. (1), (2) or (4). If a land applier simply treats the sludge to meet the pathogen or vector attraction reduction requirements of this chapter for a single sludge generator, but does not alter or treat the sludge in any other manner, the land applier does not have to obtain a WPDES permit.

NR 204.05(4) (4) Imported sludge. In the event non-exceptional quality bulk sludge which is generated outside the state of Wisconsin is imported into the state, the person responsible for importing the sludge shall have a WPDES permit for the land application or the beneficial use of the imported sludge as specified in s. NR 204.09. A permit is not required for imported sludge if it is being landfilled or incinerated. In the case of landfilling or incinerating, the person who imports the sludge shall notify and receive approval from the department prior to landfilling or incinerating the sludge. Approval will be based on contracts with licensed landfills or permitted incinerators.

NR 204.05 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

NR 204.06 NR 204.06 Reporting and monitoring requirements. The following reports shall be submitted to the department, by the permittee, annually by January 31, unless otherwise stated in this section or as specified in the permit. All records of required analyses and management practices specified in this chapter or the WPDES permit shall be retained for a minimum of 5 years. The department may modify the reporting requirements in the permit, based on size and complexity of the permittee’s land application program, changes in the quantity or quality of industrial contributions to the treatment facility or when deemed necessary to ensure compliance with the provisions of this chapter.

NR 204.06(1) (1) General information report. The permittee shall submit a general information report to the department pursuant to the permit or anytime there are significant changes in the sludge management program, including changes which alter the sludge characteristics or alter disposal or recycling methods. The report shall address the following:

NR 204.06(1)(a) (a) The sources, processes and treatment systems at the treatment facility from which the sludge originates.

NR 204.06(1)(b) (b) Sludge treatment or processing techniques used prior to recycling or disposal.

NR 204.06(1)(c) (c) The mode of sludge transportation, including the name and telephone number of the transporter of the sludge, the type of vehicle used for sludge transportation and, when applicable, the methods used to apply the sludge to the site or field.

NR 204.06(1)(d) (d) The quantity of sludge that is generated and the quantity of sludge that is recycled or disposed of on a monthly and yearly basis.

NR 204.06(1)(e) (e) The available capacity of sludge storage, expressed as the number of days worth of sludge generation that can be stored.

NR 204.06(1)(f) (f) Whether the sludge is given away or sold in bulk, bag or other container.

NR 204.06(2) (2) Characteristics report.

NR 204.06(2)(a) (a) The permittee shall report the physical, chemical and biological characteristics of the sludge or finished sludge product. If a permittee generates more than one type of sludge, each sludge type shall be sampled and analyzed in accordance with the WPDES permit.

NR 204.06(2)(b) (b) A representative sample of the sludge shall be analyzed by the permittee as specified in the permit, for any or all of the following parameters, depending on the treatment facility size, processes used for treatment, methods of beneficial use or disposal, and characteristics of industrial discharges to the treatment facility:

NR 204.06(2)(b)1. 1. Characteristics such as the percentage of total solids, volatile solids, pH and specific oxygen uptake rate (SOUR).

NR 204.06(2)(b)2. 2. Nitrogen, phosphorus and potassium.

NR 204.06(2)(b)3. 3. Arsenic, beryllium, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium and zinc.

NR 204.06(2)(b)4. 4. Fecal coliform, salmonella, enteric viruses and viable helminth ova.

NR 204.06(2)(b)5. 5. Selected phenolics, pesticides, toxic substances and persistent organics.

NR 204.06(2)(b)6. 6. Priority pollutant scan.

NR 204.06(2)(b)7. 7. Toxicity characteristics leaching procedure (TCLP) test if landfilling.

NR 204.06(2)(b)8. 8. Paint filter test if landfilling.

NR 204.06(2)(b)9. 9. Any other parameters which the department determines may be present in the sludge and which may result in detrimental effects to public health or the environment.

NR 204.06(2)(c) (c)

NR 204.06(2)(c)1. 1. The frequency of monitoring for parameters, other than those specified in subds. 2. and 3., shall be as specified by the department in the WPDES permit.

NR 204.06(2)(c)2. 2. Facilities with lagoon or other treatment systems which land apply sludge on an infrequent basis, such as every 10 to 20 years, shall sample their sludge once every 5 years, and analyze it for the metals listed in Table 1 of s. NR 204.07 (5) (a). This frequency may be increased by the department in the permit, and corrective measures such as industrial pretreatment may be required, if high metal concentrations are determined to be present, or potentially present, in the sludge.

NR 204.06(2)(c)3. 3. The frequency of monitoring for arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, pathogen or indicator organism densities, and vector attraction reduction requirements in sludge shall be based on the quantity of sludge land applied annually and determined by Table A. If sludge is landfilled under s. NR 204.08, the frequency of monitoring shall also be based on the quantity of sludge disposed of annually and determined by Table A:

- See PDF for table

NR 204.06(2)(c)4. 4. The amount of sludge per year which is actually land applied or landfilled shall determine the minimum monitoring frequency. If the applicable frequency of monitoring in subd. 3. is more than once per year, but land application is done only part of the year, the frequency of monitoring requirements may be reduced accordingly for nutrients, class B pathogen and vector attraction reduction requirements on a case-by-case basis in the permit by the department. Determinations shall be based on the facilities treatment process, the time of year land application occurs and the frequency at which the sludge is applied. In all cases, the intent is to have a representative analysis of the sludge which is actually being used. In all cases, the monitoring frequency indicated in subd. 3. for metals shall be adhered to, except as modified by subd. 5.

NR 204.06(2)(c)5. 5. After 2 years of monitoring at the frequencies specified in subds. 3. and 4., the monitoring frequencies may be reduced at the permittee’s request and subject to department approval.

NR 204.06(2)(d) (d) The following procedures shall be used unless otherwise specified in the permit:

NR 204.06(2)(d)1. 1. The sludge sample shall be collected at the point and in a manner which will yield sample results which are representative of the sludge being tested.

NR 204.06(2)(d)2. 2. The methods of analysis for substances contained in sludge shall be those established in ch. NR 219.

NR 204.06(2)(d)3. 3. The permittee shall submit actual lab reports along with the sludge characteristics report, and shall supply all information necessary for the department to evaluate the quality assurance and quality control procedures.

NR 204.06(3) (3) Landfilling reports. The permittee shall report the volume of sludge disposed of at any landfill facility. The report shall include the name and address of the landfill, the department license number or other state’s designation or license number for all landfills used during the report period and a letter of acceptability from the landfill owner. In addition, any permittee utilizing landfills as a disposal method shall submit to the department any test results used to indicate acceptability of the sludge at a landfill.

NR 204.06(4) (4) Bagged sludge and exceptional quality sludge reports. The permittee shall report the quantity of sludge sold or given away in a bag or other container by the permittee to either commercial or domestic users both in- state and out-of-state. A copy of the label or information sheet used in the sale or distribution of non-exceptional quality bagged sludge shall be included in the report. The permittee shall also report the quantity of exceptional quality sludge which is either given away or sold.