Chapter NR 204

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.

NR 204.06(5) (5) Incineration reports. The permittee shall report the volume of sludge disposed of at any incinerator. The report shall include the name and address of the incinerator, and the department’s license or permit number for the incinerator or other state’s designation or license number for all incinerators used during the report period and a letter of acceptance from the incinerator owner.

NR 204.06(6) (6) Land application site evaluation information report. The permittee shall submit sufficient information to allow the department to properly evaluate each land application site. This report shall be submitted whenever site approval is requested. Permittees may request permission from the department to review and approve their own land application sites. The request shall be made in writing and shall include information demonstrating that the permittee, or their agent, has competence in evaluating the necessary soil and site criteria. The department may, after review of the written submittal, give the permittee permission to review and approve land application sites. In these cases, all necessary forms shall be submitted to the department prior to the permittee using the land application site. Credentials for demonstration of competence to review sites shall include: the possession of a certified soil tester classification (CSTM or CSTS) from the department of industry, labor and human relations, a bachelor of science degree in soil science from a 4 year accredited college, or a certified professional soil scientist in good standing with the American society of agronomy. If a request is granted by the department, the request and approval shall be included in the land application site evaluation report. Land application site evaluation reports shall include:

NR 204.06(6)(a) (a) The location of the site delineated on a soils map and plat map or USGS topographic map or aerial photo.

NR 204.06 Note Note: Plat maps are subject to copyright laws.

NR 204.06(6)(b) (b) The ownership of the site and a copy or description of any contracts or agreements covering the land application of sludge and other waste products at the land application site.

NR 204.06(6)(c) (c) The results of analysis of representative soil samples taken from each site or field used for land application. Soil sampling and submittal of information to the testing laboratory shall be done in accordance with the University of Wisconsin-extension bulletin A-2100, dated April 1991, or soil sampling guidance approved by the department. UW-extension bulletin A-2100 contains a soil information sheet that shall be filled out and submitted with the soil sample to form the basis of the nutrient recommendations. UW-extension bulletin A-2100 is incorporated by reference for this chapter and hereinafter referred to as the soil information sheet. The samples shall be analyzed by a department approved testing laboratory using methods of analysis and nutrient recommendations for the intended crops to be grown that are consistent with University of Wisconsin recommendations. Parameters analyzed shall include soil pH, organic matter, total phosphorus, exchangeable potassium and any other parameters deemed necessary by the department. The soil test results shall include identification of soil type and fertilizer recommendations for the crops to be grown. Application rates shall be based on the recommendations provided by this soil analysis and the soil information sheet. A site or field may not be used for land application of sludge unless the soil on the site or field has been tested at least once in the 4 years prior to land application.

NR 204.06 Note Note: Copies of the University of Wisconsin extension bulletin A-2100 are available for inspection in the offices of the department of natural resources, secretary of state, and legislative reference bureau, Madison, Wisconsin, or may be purchased from the UW Soil and Plant Analysis Lab, 5711 Mineral Point Rd., Madison, WI 53705 or the Soil and Forage Analysis Lab, 8396 Yellowstone Dr., Marshfield, WI 54449.

NR 204.06(6)(d) (d) If sludge is intended to be applied to the site at a rate which would supply more than 30% of the nitrogen needs of the crop or vegetative cover to be grown, the permittee shall address the other sources of nitrogen through one of the following options:

NR 204.06(6)(d)1. 1. In years when a soil sample is being taken, the soil information sheet shall address the other nitrogen sources so that the information is reflected in the resultant soil analysis report. If the soils information sheet is used to account for other sources of nitrogen and other sources of nitrogen are not accurately reflected in the soils analysis report, the department may require the submission of the actual soils information sheet along with the soils analysis report.

NR 204.06(6)(d)2. 2. Provide documentation that the site or field is managed under an approved nutrient management plan.

NR 204.06(6)(d)3. 3. Account for all other sources of nitrogen applied to the site or field for the crop year.

NR 204.06(6)(e) (e) The present use of the site or field and abutting properties.

NR 204.06(6)(f) (f) The limiting separation distances listed in Table B shall be indicated on submitted maps. Should the department have reason to believe that the soil survey maps are not of sufficient accuracy to demonstrate compliance with the requirements listed in Table B, the department may require that on-site testing be conducted to verify site conditions. These tests shall be conducted by an individual meeting the credentials specified in this subsection.

NR 204.06(6)(g) (g) Total acreage of the site or field available for sludge application.

NR 204.06(6)(h) (h) Crops to be grown or the dominant vegetation on the landspreading site or field.

NR 204.06(7) (7) Bulk sludge land application records report. The permittee shall submit the following information for each site or field utilized during the reporting period:

NR 204.06(7)(a) (a) The number of acres on which sludge was applied.

NR 204.06(7)(b) (b) The total amount of sludge applied per acre reported in gallons, cubic yards or tons. The type of sludge, either cake or liquid, shall be specified.

NR 204.06(7)(c) (c) The amount of available nitrogen applied in pounds per acre on a dry weight basis. This would include nitrogen applied from sludge, manure, other waste, and commercial fertilizer. This information on nitrogen is not required if any of the following apply:

NR 204.06(7)(c)1. 1. Other sources of nitrogen are addressed on the soils information sheet, or an alternative agronomic rate calculation sheet approved by the department.

NR 204.06(7)(c)2. 2. The site or field is covered by an approved nutrient management plan.

NR 204.06(7)(c)3. 3. The amount of nitrogen applied provides less than 30% of that required by the crop intended to be grown.

NR 204.06(7)(d) (d) The amount of each of the parameters listed in Table 1 of s. NR 204.07 (5) (a) applied on an annual basis and the cumulative metal loadings to the site.

NR 204.06(7)(e) (e) The result of any groundwater, surface water and plant tissue monitoring programs which may be required by the department.

NR 204.06(7)(f) (f) The total amount of sludge landspread on all sites used during the calendar year.

NR 204.06(7)(g) (g) The total amount of sludge produced during the calendar year.

NR 204.06(8) (8) Notification reports.

NR 204.06(8)(a) (a) In the event a generator of bulk sludge provides the bulk sludge to another person to land apply, the generator shall provide the applier with notice and necessary information, prior to application, to comply with the requirements of this chapter.

NR 204.06(8)(b) (b) In the event a generator of sludge gives the sludge to another person for further treatment or storage, the generator shall give the person receiving the sludge all information needed to comply with the requirements of this chapter.

NR 204.06(8)(c) (c) The person who generates bulk sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk sludge, prior to application, written notification of the concentration of total nitrogen, expressed as N on a dry weight basis in the sludge.

NR 204.06(8)(d) (d) The producer or distributor of sludge distributed out-of-state shall notify the permitting authority of the receiving state of its intent to do so. This notification shall be given prior to the initial application of bulk sludge to the land application site by the applier. This allows sufficient time so that the permitting authority has the opportunity to determine whether a permit application or other appropriate oversight is needed. This notification shall be in writing and include the name, address, telephone number and permit number of the sludge supplier, and the specific location of the site, the approximate time the land application will occur and the name, address, telephone number and permit number, if appropriate, of the applier.

NR 204.06(8)(e) (e) The land applier of sludge shall obtain all information necessary to comply with the land application requirements of this chapter, apply sludge to the land in accordance with those requirements, and provide notice and necessary information to the owner or leaseholder of the land on which the sludge is applied.

NR 204.06(9) (9) Certification of sludge quality records. All certification statements should follow the format in par. (e).

NR 204.06(9)(a) (a) For exceptional quality sludge distributed in bulk or bag, the permittee shall develop and retain the following records for a minimum of 5 years:

NR 204.06(9)(a)1. 1. Documentation that each of the pollutant concentrations specified in Table 3 in s. NR 204.07 (5) (c) have not been exceeded.

NR 204.06(9)(a)2. 2. Documentation that the class A pathogen requirements as prescribed in s. NR 204.07 (6) (a) and a pre-land application process to reduce vector attraction as prescribed in s. NR 204.07 (7) (a) to (i) have been met, and a description of how each was met.