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
NR 204.07 Note
Note: Copies of this section are available for inspection in the offices of the department of natural resources, secretary of state, and the legislative reference bureau, Madison, Wisconsin, or may be purchased from the superintendent of documents, U.S. government printing office, Washington DC 20402.
NR 204.07(6)(a)2.b.
b. Compost the sludge using either within-vessel or static aerated pile composting methods and maintain the temperature of the sludge at 55
° C or higher for 3 days, or compost the sludge using windrow composting methods and maintain the temperature of the sewage sludge at 55
° C or higher for 15 days or longer. During this period, a minimum of 5 windrow turnings are required; or
NR 204.07(6)(a)2.c.
c. Dry the sludge by direct or indirect contact with hot gases to reduce the moisture content of the sludge to 10% or lower. Either the temperature of the sewage sludge particles shall exceed 80
° C or the wet bulb temperature of the gas in contact with the sludge as the sludge leaves the dryer shall exceed 80
° C; or
NR 204.07(6)(a)2.d.
d. Heat liquid sludge to a temperature of 180
° C or higher for 30 minutes; or
NR 204.07(6)(a)2.e.
e. Agitate liquid sludge with air or oxygen to maintain aerobic conditions. The mean cell residence time for the sludge shall be 10 days at 55
° to 60
° Celsius; or
NR 204.07(6)(a)2.f.
f. Irradiate the sludge with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature; or
NR 204.07(6)(a)2.g.
g. Sludge is irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137, at dosages of at least 1.0 megarad at room temperature; or
NR 204.07(6)(a)2.h.
h. Maintain the temperature of the sludge at 70
° Celsius or higher for 30 minutes or longer; or
NR 204.07(6)(a)2.i.
i. Treat the sludge in a process that is equivalent to a process to further reduce pathogens, as approved by the department.
NR 204.07(6)(b)
(b) Either
subd. 1. or one of the requirements in
subd. 2. shall be met for the sludge to be classified as Class B. The Class B requirements are summarized in Table 6:
-
See PDF for table NR 204.07(6)(b)1.
1. Fecal coliform density. The sludge shall have a fecal coliform density of less than or equal to 2,000,000 most probable number (MPN) or colony forming units (CFU) 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)(b)2.a.a. Agitate the sludge with air or oxygen to maintain aerobic conditions for a mean cell residence time and temperature between 40 days at 20
° C and 60 days at 15
° C; or
NR 204.07(6)(b)2.b.
b. Dry the sludge on sand beds or on paved or unpaved basins for a minimum of 3 months. During 2 of the 3 months, the ambient average daily temperature shall be above 0
° C; or
NR 204.07(6)(b)2.c.
c. Treat the sludge in the absence of air for a specific mean cell residence time at a specific temperature. Values for the mean cell residence time and temperature shall be between 15 days at 35
° to 55
° C and 60 days at 20
° C; or
NR 204.07(6)(b)2.d.
d. Compost the sludge using either the within-vessel, static aerated pile, or windrow composting methods and raise the temperature of the sludge to 40
° C or higher for 5 days. For 4 hours during the 5 days, the temperature in the compost pile shall exceed 55
° C; or
NR 204.07(6)(b)2.e.
e. Add sufficient lime to the sludge to raise the pH to 12 after 2 hours of contact; or
NR 204.07(6)(b)2.f.
f. Treat the sludge in a process that is equivalent to a process to significantly reduce pathogens, as approved by the department.
NR 204.07(7)
(7) Vector attraction reduction. Sludge may not be land applied unless one of the 11 vector attraction reduction options in
pars. (a) to
(k) is satisfied.
Paragraphs (a) to
(i) are processes which treat the sludge to reduce its attraction to vectors. Bagged sludge and exceptional quality sludge shall satisfy one of the requirements in
pars. (a) to
(i). The options are summarized in Table 7.
NR 204.07(7)(a)
(a) The mass of volatile solids in the sludge shall be reduced by a minimum of 38% between the time the sludge enters the digestion process and the time it either exits the digester or a storage facility; or
NR 204.07(7)(b)
(b) The specific oxygen uptake rate SOUR for aerobic sludge shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids on a dry weight basis, corrected to 20
° Celsius; or
NR 204.07(7)(c)
(c) Demonstrate through additional digestion, in a bench-scale test, that additional volatile solids reduction for anaerobically digested sludge is less than 17%. This shall be demonstrated by digesting a portion of the previously digested sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a temperature between 30
° and 37
° Celsius. This requirement is satisfied when, at the end of the test, volatile solids have been reduced by less than 17%, as measured from the beginning to the end of the test; or
NR 204.07(7)(d)
(d) Demonstrate through additional digestion, in a bench scale test, that additional volatile solids reduction for aerobically digested sludge is less than 15%. This shall be demonstrated by digesting a portion of the previously digested sludge, at a concentration of 2% solids or less, aerobically in the laboratory in a bench-scale unit for 30 additional days at a temperature of 20
° Celsius. Sludge with higher percent solids shall be diluted with effluent down to 2% at the start of the test. This requirement is satisfied when, at the end of the test, volatile solids have been reduced by less than 15%, as measured from the beginning to the end of the test; or
NR 204.07(7)(e)
(e) Sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sludge shall be higher than 40
°Celsius and the average temperature of the sludge shall be higher than 45
°Celsius; or
NR 204.07(7)(f)
(f) The pH of the sewage sludge shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 2 hours and then at 11.5 or higher for an additional 22 hours; or
NR 204.07(7)(g)
(g) Dry the sludge to 75% total solids when the sludge contains no unstabilized solids from primary treatment; or
NR 204.07(7)(h)
(h) Dry the sludge to 90% total solids when the sludge contains unstabilized solids from primary treatment; or
NR 204.07(7)(i)
(i) Treat the sludge in a process which is equivalent to one of the vector attraction reduction requirements specified in
pars. (a) to
(h), as approved by the department.
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See PDF for table NR 204.07(7)(j)1.
1. No significant amount of the sludge shall be present on the land surface within one hour after the sludge is injected.
NR 204.07(7)(j)2.
2. If the injected sludge is Class A, the sludge shall be injected within 8 hours after being discharged from the pathogen treatment process; or
