Chapter NR 204

NR 204.10(2) (2) Other storage facilities. The department may determine leasing to be an acceptable alternative to construction if the lease is for a minimum of 5 years with an option for another 5 years when the WPDES permit is reissued. If leasing is a temporary solution while a permittee is constructing long-term storage or developing an alternative long-term solution, the contract may be for less than 5 years. Sludge may be stored individually or in combination with other waste at sites such as, but not limited to, manure storage facilities and septage storage lagoons following the review and approval of the design and acceptance by the department of an operations report that shall demonstrate compliance with this chapter. This report shall contain at the minimum:

NR 204.10(2)(a) (a) The location of the storage facility.

NR 204.10(2)(b) (b) The type and volume of the storage facility, including construction details to demonstrate the integrity of the system and compliance with ch. NR 110.

NR 204.10(2)(c) (c) Sufficient site characteristics information to evaluate the environmental impact and suitability of the sludge storage location.

NR 204.10(2)(d) (d) The name and address of the owners of the storage facility.

NR 204.10(2)(e) (e) Any contractual agreements the permittee enters into with another party.

NR 204.10(2)(f) (f) Sampling and analysis results of the combined wastes for nutrients and any other applicable parameters which demonstrate compliance with this chapter. Testing shall be conducted in accordance with requirements in the WPDES permit and this chapter.

NR 204.10(2)(g) (g) The methods to be used for land application of the sludge or sludge mixture.

NR 204.10(2)(h) (h) A list of the sites or fields where the stored sludge will be recycled, unless the sludge produced in the mixture meets the exceptional quality sludge criteria.

NR 204.10(3) (3) Extended storage. If a person stores or treats a batch of sludge for longer than 2 years, the person shall retain the following information during the storage period:

NR 204.10(3)(a) (a) The name and address of all generators of the sludge.

NR 204.10(3)(b) (b) The name and address of the person who owns the storage or treatment facility.

NR 204.10(3)(c) (c) The location or address of the facility.

NR 204.10(3)(d) (d) A brief explanation of why the sludge needs to remain in storage or treatment for longer than 2 years before it is land applied or disposed of.

NR 204.10(3)(e) (e) The approximate time period when the sludge will be land applied or disposed of.

NR 204.10 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

NR 204.11 NR 204.11 Sludge management plan.

NR 204.11(1) (1) General. The department may require the permittee to develop a sludge management plan, submit the plan to the department for approval and operate in compliance with the approved plan. The plan shall include a description of the facility’s sludge management program and how the permittee plans to operate the facility in compliance with the requirements of this chapter.

NR 204.11(2) (2) Imported sludge. Any person who is responsible for importing bulk exceptional quality sludge into this state shall submit a sludge management plan to the department. Bulk exceptional quality sludge may not be imported until the department has approved the sludge management plan.

NR 204.11 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

NR 204.12 NR 204.12 Grit and screenings disposal. All grit and screenings generated from a facility shall be disposed of at a solid waste disposal facility licensed under chs. NR 500 to 538.

NR 204.12 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No 650.

NR 204.13 NR 204.13 Sludge management program standards and requirements based upon federal regulations.

NR 204.13(1) (1) New federal regulations. In the event that new federal sludge standards or regulations are promulgated under section 405 of the clean water act, the permittee shall comply with the new sludge requirements by the dates established in the regulations, if required by federal law, even if the permit has not yet been modified to incorporate the new federal regulations. The requirement in this subsection shall be included as a permit condition in all permits that regulate sludge use and disposal under this chapter.

NR 204.13(2) (2) State adoption. The department shall, as soon as possible, and in conformance with federal requirements, after the promulgation of any federal regulation establishing sludge management program standards or requirements as described in sub. (1), adopt appropriate standards or requirements for permittees subject to this chapter and ch. 283, Stats.

NR 204.13 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491.

NR 204.14 NR 204.14 Fact sheets.

NR 204.14(1) (1) General. The department shall prepare a fact sheet or briefing memo for any generator applying for a permit under s. NR 204.05. Information specified in this section shall be included in the fact sheet or briefing memo sent to the applicant.

NR 204.14(2) (2) Information included. The fact sheet or briefing memo shall include when applicable, the following:

NR 204.14(2)(a) (a) A brief description of the type of facility or activity which is the subject of the draft permit.

NR 204.14(2)(b) (b) The type and quantity of sludge which is or will be treated, stored, disposed of, used or recycled.

NR 204.14(2)(c) (c) A brief summary of the basis for the draft permit conditions related to sludge including references to applicable statutory or regulatory provisions.

NR 204.14(2)(d) (d) Reasons why any requested variances or alternatives to required sludge standards do or do not appear justified.

NR 204.14(2)(e) (e) Name and phone number of a person to contact for additional information.

NR 204.14(2)(f) (f) Any calculations or other information regarding the derivation of specific conditions or standards for sludge use or disposal, including a citation to applicable performance standards, the imposition of a pretreatment program for a sludge only facility, special monitoring requirements, special sludge limitations, permits issued to individual users of a privately owned treatment works. This information should include the reasons why the conditions or standards are applicable or an explanation of how and why alternate limitations were developed.

NR 204.14(2)(g) (g) For permits that include a sludge land application program, a brief description of how each of the required elements of the land application plan addressed in the permit.

NR 204.14 Note Note: This information is intended to accompany and complement, not duplicate the requirements in ch. NR 201.

NR 204.14 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

NR 204.15 NR 204.15 Variances.

NR 204.15(1) (1) General. A permittee may request a variance from any non-statutory requirement of this chapter, providing that minimum federal regulations are adhered to. The department may approve a variance from requirements of this chapter when special circumstances show that a variance will not negatively impact the environment or pose a threat to public health.

NR 204.15(2) (2) Request for variance. A request for a variance shall be submitted in writing to the department, as far in advance as possible. Each request for a variance shall contain the following:

NR 204.15(2)(a) (a) The name, address, phone number and permit number of the applicant.

NR 204.15(2)(b) (b) The section or sections of this chapter from which a variance is sought and a statement explaining why it is requested.

NR 204.15(2)(c) (c) A full description of the variance and the circumstances in which it will be used, including any pertinent background information which is relevant to making a determination on the justification of granting the variance. Full detail of the permittee’s sludge management operation and plan should be included here with specific details of any proposed alternative management plan; and

NR 204.15(2)(d) (d) A statement as to whether the same or similar variance has been requested previously, and if so, outcome of the previous request.

NR 204.15(3) (3) Approval of variance. A copy of each variance request and the department response shall be retained in the permittee’s permit file.

NR 204.15 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.