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)(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)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.
NR 204.06(9)(b)
(b) For bulk sludge applied to land which does not meet the exceptional quality sludge criteria, the permittee shall develop and maintain the following records indefinitely:
NR 204.06(9)(b)6.
6. Documentation that the pathogen requirements specified in
s. NR 204.07 (6) and the vector attraction reduction requirements specified in
s. NR 204.07 (7) have been met and a description of how each was met.
NR 204.06(9)(b)7.
7. The amount of the sludge and the characteristics of the sludge, other than those listed in
subd. 5., that was applied to the site.
NR 204.06(9)(b)8.
8. Certification statements regarding pathogen control, vector attraction reduction, and management practices.
NR 204.06(9)(b)9.
9. Documentation as to whether the cumulative loading rate for any parameter at each site has reached 90% of the cumulative lifetime loading listed in Table 2, unless the sludge is high quality as specified in
s. NR 204.07 (5) (c).
NR 204.06(9)(b)10.
10. Time of sludge application if injection or incorporation are the options used for satisfaction of the vector attraction reduction requirement.
NR 204.06(9)(c)
(c) For sludge that is sold or given away in bag or other container and does not met the pollutant concentrations in Table 3 of
s. NR 204.07 (5) (c), the permittee shall develop and retain the following records for a minimum of 5 years:
NR 204.06(9)(d)
(d) The person who land applies sludge shall develop a certification statement verifying that the management and applicable operational requirements, and in general, all applicable parts of this chapter have been adhered to. The statement shall be retained for a minimum of 5 years.
NR 204.06(9)(e)
(e) The permittee and land applier shall develop and retain, as required in this subsection, certification statements verifying the characteristics and quality of the sludge produced, adherence to applicable management practices, and in general, all applicable parts of this chapter. The statement shall be tailored, by each permittee and land applier, for each applicable requirement. The following is an example of an acceptable certification statement for pathogen control and vector attraction reduction:
“I certify under penalty of law, that the information verifying compliance with the [insert either Class A pathogen requirements in
s. NR 204.07 (6) (a) or Class B pathogen requirements in
s. NR 204.07 (6) (b)] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in
s. NR 204.07 (7) (a) to
(k)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
NR 204.06 History
History: Cr.
Register, December, 1995, No. 480, eff. 1-1-96.
NR 204.07
NR 204.07 Land application of sludge. NR 204.07(1)
(1)
General. No person may land apply sludge in a manner which does not comply with the requirements of a WPDES permit and this chapter.
NR 204.07(2)
(2) Approved sites. The permittee shall obtain written or computer generated approval from the department for each site on which sludge is applied in bulk prior to land application, unless the permittee is authorized to inspect and approve their own sites under
s. NR 204.06 (6). The department shall review and issue either approval, conditional approval or denial within 60 business days following receipt of the site's complete application, unless weather conditions preclude adequate site evaluation. Each site shall be reviewed based on information contained in the report required by
s. NR 204.06 (6). Failure to comply with the conditions of the site approval may result in the revocation of the approval and be considered a violation of the permit. Reapproval shall be contingent on submittal of an operations report for the site which shall specify how further violations will be avoided. When a permittee contracts with another party to land apply sludge and the land applier is not required to hold its own WPDES permit under
s. NR 204.05, the permittee maintains responsibility, as well as the land applier, for compliance with the WPDES permit and this chapter. The permittee shall supply the land applier with all information necessary to ensure compliance. The land applier shall also make reasonable attempts to obtain all information needed to ensure compliance with this chapter.
NR 204.07(3)
(3) Operational and site or field requirements. NR 204.07(3)(a)(a) Bulk sludge may not be applied to the land if it is likely to adversely affect a threatened or endangered species or its designated critical habitat, or a designated historical site.
NR 204.07(3)(b)
(b) Bulk sludge may only be applied to sites that meet the requirements in Table B. Other sites, as specified in
s. NR 204.09, may be approved by the department in writing on a case-by-case basis.
NR 204.07(3)(c)
(c) Bulk sludge may not be applied to soils with a high groundwater level or bedrock at a depth of less than 3 feet. Exceptions may be granted by the department on a case-by-case basis. Parameters which may be considered for exceptions include: demonstration that the soil has an available water holding capacity that is greater than 5 inches, above the high groundwater level or bedrock; whether the high groundwater is a seasonal condition; depth of saturation at the proposed time of application to determine whether a seasonal use approval may be granted and other relevant site specific conditions.
NR 204.07(3)(d)
(d) Bulk sludge may not be applied on sites with soils which have a rapid permeability of greater than 6 inches per hour unless, through consideration of the sludge characteristics, loading rate, cropping practices and other soil characteristics, department approval is obtained.
NR 204.07(3)(e)
(e) The pH of the soil shall be 5.5 or greater at the time the bulk sludge is applied, unless after consideration of the sludge quality, cropping practices and soil characteristics of the site, the department determines that the pH should be higher to protect the environment or public health.
NR 204.07(3)(f)
(f) If the soil at a site or field is classified as highly erodible on the United States department of agriculture's county by county soil conservation service soil survey, the department may impose additional management practices, such as soil conservation practices, to minimize erosion from the site.
NR 204.07(3)(g)
(g) Class B sludge, as specified in
sub. (6) (b), that is land applied to sites shall have restricted public access for a period of 30 days for low exposure sites such as a farm field, and one year for high exposure sites such as a city park, following sludge application. Access may be restricted by the location of the site on private property, fencing or posting the application site, or other department approved methods that minimize human contact with the sludge.
NR 204.07(3)(h)
(h) Bulk sludge shall be applied in a manner to minimize soil compaction, to prevent surface runoff and to control objectionable odors. Sludge may not be applied on saturated soils, during significant rainfall events or in areas with ponded water or to areas which are subject to ponding.
NR 204.07(3)(i)
(i) Bulk sludge land application vehicles or equipment shall be moving at all times while sludge is being applied to ensure uniform application. Uniform application shall be accomplished for surface application vehicles by the use of a splash plate, spreader bar, beaters, expellers or other department approved methods.
NR 204.07(3)(j)
(j) Bulk sludge transporting vehicles and equipment may not leak sludge during use, transport, operation or storage. Vehicles utilized for the land application of liquid sludge shall have cab actuated discharge valves.
NR 204.07(3)(k)
(k) Sludge which has a PCB concentration greater than 50 mg/kg (dry weight) may not be applied unless a management plan is approved by the U.S. EPA region V administrator pursuant to
40 CFR 761.60 (a) (5) (iii). Sludge with a PCB concentration greater than 10 mg/kg (dry weight) shall be injected or incorporated into the soil.
NR 204.07(3)(L)
(L) Application of bulk sludge, by any person, on frozen or snow covered ground is prohibited unless it is demonstrated, to the satisfaction of the department, that there are no other reasonable disposal methods available and there is absolutely no likelihood that the sludge will enter the waters of the state, or except as provided in
par. (m).
NR 204.07(3)(m)
(m) Application of bulk sludge on frozen or snow covered soils may be approved by the department on a case-by-case basis until storage is available, as required in
s. NR 204.10. Department approvals for application on frozen or snow covered soils shall require the following restrictions at a minimum:
NR 204.07(3)(m)1.
1. Sites or fields used shall have slopes less than or equal to 2%.
NR 204.07(3)(m)3.
3. Application is not allowed within 750 feet of any surface water, wetland or floodplain.
NR 204.07(3)(n)
(n) When a WPDES permit requires testing for radium-226 and the sludge is subsequently found to contain radium-226, the land application of the sludge shall be terminated when the soil level of radium-226 equals or exceeds 2 pico curies per gram of soil on a dry weight basis in the top 12 inches of soil. In addition to other criteria in this section, the following conditions shall be adhered to when land applying sludge containing radium-226:
NR 204.07(3)(n)1.
1. The soil pH shall be at least 6.0 prior to the application of sludge containing radium-226. This pH shall be maintained during the period the site is used for the land application of sludge containing radium-226.
NR 204.07(3)(n)2.
2. The soil shall have at minimum a 6 inch layer with a clay content of at least 18% within the top 5 feet of the soil profile and be above the seasonal high groundwater level and bedrock. This determination shall be based primarily on the detailed county soil survey books.
NR 204.07(3)(n)3.
3. The soil shall have at minimum a 6 inch layer with an organic matter content of at least 12 tons/acre within the top 5 feet of soil and be above seasonal high groundwater or bedrock. This determination shall be based primarily on the on-site soil test.
NR 204.07(3)(n)4.
4. The department may on a case-by-case basis conditionally approve fields that do not meet all criteria established in
subds. 1. to
3., where evaluation of sludge characteristics, soil features and management practices indicate no adverse impacts to the environment or public health would result.
NR 204.07(3)(n)5.
5. Sludge containing radium-226 may not be applied to fields used for the production of tobacco.
NR 204.07(3)(n)6.
6. Application of radium-226 sludge shall be terminated when the calculated site loading reaches 1640 microcuries per acre. To continue site use, the permittee shall sample soils according to a plan approved by department, and show that soil radium-226 activity is below 2 pCi/g in the top foot of soil.
NR 204.07 Note
Note: 1 microcurie = 10-6 curies, 1 picocurie = 10
-12 curies
NR 204.07(3)(n)7.
7. If plant tissue sampling for radium-226 is required by the department in the permit, it shall be done in accordance with a department approved method. The number of plant tissue samples obtained shall be identical to the number of subsamples needed to constitute a composite soil sample and shall yield a wet weight of approximately 4 pounds. The entire above ground plant shall be obtained as near as possible to the soil subsample site. Plant samples shall then be segregated between the above ground tissue, such as stems, stalks, petioles or leaves, and the “edible" portion, such as fruit, grain or seed.
NR 204.07(3)(o)
(o) Table B site restrictions apply to all sludges that are applied to land in bulk unless prior department approval has been received. The distances stated in Table B are minimums. Table C applies to all bulk sludge designated as Class B with respect to pathogens that is applied to land. The intervals of time listed in Table C refer to the time period between the sludge application and harvesting. The permittee or land applier shall supply the farmer with the information in Table C, in a timely manner, to ensure compliance with these requirements.
-
See PDF for table 
-
See PDF for table NR 204.07(4)(a)(a) In addition to other requirements in this chapter, there are 3 categories of requirements of sludge quality which must be satisfied before the sludge may be applied to land. The categories are listed in
subs. (5),
(6) and
(7). They are metal concentrations, pathogen densities and treatment processes, and vector attraction reduction. Each category is divided into 2 levels which determine a higher or lower quality of sludge. They are: for metals—pollutant concentrations and ceiling concentrations, specified in
sub. (5); for pathogens—class A and class B, specified in
sub. (6); and for vector attraction reduction—treatment processes and physical barriers, specified in
sub. (7). A sludge shall meet the minimum, or lower quality, requirements for each category in order to be land applied. When a sludge meets the higher quality level in all 3 categories, it is considered exceptional quality sludge. When a sludge meets the higher level in the metals category it is considered high quality and exempt from tracking cumulative metal loadings to the application sites.
NR 204.07(4)(b)
(b) When a sludge is exceptional quality or when it is bagged and satisfies the requirements in
sub. (5) (c) or
(d), it may be used on lawns or home gardens. Sludge not meeting those requirements may not be used on lawns or home gardens.
NR 204.07(4)(c)
(c) Sludge that will be sold or given away in a bag shall, at a minimum, satisfy the class A pathogen requirements in
sub. (6) (a), one of the vector attraction reduction process requirements in
sub. (7) (a) to
(i) and either the high quality pollutant concentration limits in Table 3 or the ceiling concentration limits in Table 1. Bagged sludge that does not meet the high quality limits in Table 3 is subject to the requirements in
sub. (5) (d).
-
See PDF for table NR 204.07(5)(a)(a) Table 1 lists the ceiling concentrations of metal pollutants for sludge that is land applied. Sludge may not be applied to land if the concentration of pollutants in the sludge exceeds any of the ceiling concentration limits established in Table 1. Options available if a ceiling concentration in sludge is exceeded include: retesting, mixing with another sludge or other material and demonstration of compliance with Table 1, landfilling or incinerating.
NR 204.07(5)(b)
(b) Table 2 lists the cumulative metal pollutant loading limits for sites on which bulk sludge is applied. If bulk sludge is applied to land and the sludge does not meet the pollutant concentration limits in Table 3, then the limits in Table 2 shall apply to all land application sites. Bulk sludge that does not meet the Table 3 concentration limits may not be applied to sites where the cumulative pollutant loading limits in Table 2 have been reached. When bulk sludge that does not meet Table 3 limits is applied to land, the permittee shall monitor and retain cumulative pollutant loadings records to each site, and shall notify the department, in their annual report, when any site reaches 90% of the allowable cumulative loading for any metal established in Table 2.
NR 204.07 Note
Note: The department strongly encourages permittees to produce sludge which meets the high quality pollutant concentration limits set in Table 3.
-
See PDF for table NR 204.07(5)(d)1.1. Table 4 lists the maximum annual pollutant loading rates for sites where bagged sludge that is not high quality is land applied. If bagged sludge does not meet all of the pollutant concentrations in Table 3, the pollutant loading requirements in Table 4 apply to all land application sites utilized, including lawns and home gardens. To ensure that the annual pollutant loading rates in Table 4 are not exceeded, the amount of sludge applied annually shall be less than the annual sludge application rate calculated as follows: -
See PDF for diagram
-
See PDF for table NR 204.07(5)(d)2.
2. When distributing bagged sludge that is subject to the Table 4 loading rates, the permittee shall provide an information sheet to each person receiving the bagged sludge or shall print instructions on the bag or container or label. The label instructions or information sheet shall contain the following information, at a minimum:
NR 204.07(5)(d)2.b.
b. A statement that prohibits the use of the sludge except in accordance with the instructions on the label or information sheet.
NR 204.07(5)(d)2.c.
c. An annual sludge application rate as calculated in this subsection that will ensure that the annual pollutant loading rate limits, established in Table 4, are not exceeded.
NR 204.07(6)
(6) Pathogen densities and treatment processes. Sludge may not be land applied unless the Class A pathogen requirements in
par. (a) or the Class B pathogen requirements in
par. (b) are satisfied. These requirements are summarized in Tables 5 and 6. Bagged sludge and exceptional quality sludge shall satisfy the Class A requirements in
par. (a).
NR 204.07(6)(a)
(a) One of the requirements in each
subds. 1. and
2. shall be met for sludge to be classified as Class A. Class A requirements shall be met prior to or at the time of meeting the vector attraction reduction requirements specified in
sub. (7), unless the process used to meet the vector requirements is one of either
sub. (7) (f),
(g) or
(h). Class A requirements are summarized in Table 5:
-
See PDF for table NR 204.07(6)(a)1.
1. Pathogen or indicator organism densities. The required fecal coliform density or salmonella density shall be satisfied immediately after the treatment process in
subd. 2. is completed. If the material is bagged or distributed at that time, no re-testing is required. If the material is bagged, distributed or land applied at a later time, the sludge shall be retested and the requirements of
subd. 1. a. or
b. satisfied at that time also, to ensure that regrowth of the organisms has not occurred.
NR 204.07(6)(a)1.a.
a. The sludge shall have a fecal coliform density equal to or less than 1,000 most probable number (MPN) per gram of total solids on a dry weight basis. Compliance with this requirement shall be demonstrated by calculating the geometric mean of at least 7 separate samples; or
NR 204.07(6)(a)1.b.
b. The sludge shall have a salmonella density equal to or less than 3 MPN per 4 grams of total solids on a dry weight basis; and
