Register July 2021 No 787
Chapter NR 214
LAND TREATMENT OF INDUSTRIAL LIQUID WASTES,
BY-PRODUCT SOLIDS AND SLUDGES
Subchapter I — General
NR 214.05 Additional limitations.
NR 214.06 Exemptions from requirements of this chapter.
NR 214.07 Exemptions from groundwater standards.
NR 214.09 Sampling and analytical methods.
NR 214.10 General permits.
Subchapter II — Requirements for Specific Land Treatment Systems
NR 214.12 Absorption pond systems.
NR 214.13 Ridge and furrow systems.
NR 214.14 Spray irrigation systems.
NR 214.15 Overland flow systems.
NR 214.16 Subsurface absorption systems.
NR 214.17 Landspreading systems for liquid wastes and by-product solids.
NR 214.18 Sludge spreading systems.
Subchapter III — Site Investigation and Monitoring
NR 214.20 Soil investigation requirements.
NR 214.21 Groundwater monitoring requirements.
Ch. NR 214 Note
Note: Chapter NR 214 as it existed on June 30, 1990 was repealed and a new ch. NR 214 was created effective July 1, 1990.
NR 214.01
NR 214.01
Purpose. The purpose of this chapter is to protect public health and welfare by restoring, maintaining and protecting the physical, chemical and biological integrity of the groundwater and all uses of state waters in accordance with ch.
NR 140, and chs.
160 and
283, Stats.; to establish design and construction criteria for all land treatment systems that receive industrial wastes and require department approval of plans and specifications under ch.
NR 108 and s.
281.41, Stats.; and to establish discharge limitations, monitoring requirements and operating standards for all industrial land treatment systems which require a permit under ch.
283, Stats. Under s.
283.31, Stats., a permit is required for the lawful discharge of any pollutant into the waters of the state, which include groundwater by the definition in s.
283.01 (20), Stats.
NR 214.01 History
History: Cr.
Register, June, 1990, No. 414, eff. 7-1-90; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2014 No. 708.
NR 214.02(1)(1)
Wastes regulated. This chapter applies to those discharges of industrial wastes to land treatment systems not regulated under ch.
NR 518. This includes but is not limited to liquid wastes, by-product solids and sludges generated by: fruit and vegetable processing, dairy products processing, meat, fish and poultry products processing, mink raising operations, aquaculture, commercial laundromat and motor vehicle cleaning operations and any other industrial, commercial or agricultural operation which results in a point source discharge that has no detrimental effects on the soils, vegetation or groundwater of a land treatment system. Industrial by-product solids and sludges shall also have beneficial properties as a soil conditioner or fertilizer. Lime sludges containing radium may be regulated under this chapter.
NR 214.02(2)
(2) Responsibility. The generator of these wastes shall be responsible for their handling and land application, except when an independent land application contractor has been issued a WPDES permit for the land treatment of these wastes. When the contractor is issued the WPDES permit, the independent contractor shall be responsible for the handling and application of these wastes to the land. A person may not land apply industrial waste or discharge industrial waste to a land treatment system unless the land application or discharge is authorized by a WPDES permit.
NR 214.02(3)
(3) Wastes excluded. The provisions of this chapter are not applicable to the following wastes:
NR 214.02(3)(b)
(b) Animal waste regulated under ch.
NR 243, and liquid manure applied in accordance with sound agricultural practices.
NR 214.02(3)(f)
(f) Mining wastes backfilled or otherwise disposed of in a prospecting excavation or a mine in accordance with a permit issued under ch.
NR 131 or
132, or under subch.
III of ch. 295, Stats., except runoff, leachate, decantate, or other wastewater collected for disposal on land outside of the permitted prospecting or mining site.
NR 214.02(3)(h)
(h) Liquid wastes from sweet corn silage stacks which are utilized for direct livestock feeding, have less than 150 tons present on a site at any one time, and are located such that surface water and groundwater pollution does not occur.
NR 214.02(3)(i)
(i) Sludge from publicly or privately owned wastewater treatment works regulated under ch.
NR 204.
NR 214.02(3)(j)
(j) Sludges which are disposed of in a landfill, a land disposal site or an incinerator licensed and operated in accordance with chs.
NR 500 and
518.
NR 214.02(3)(k)
(k) Uncontaminated lime sludges which are generated by pulp or paper mills or water supply treatment facilities and are exempted from regulation under s.
NR 518.04 (3).
NR 214.02(3)(L)
(L) Wet and semi-liquid wastes disposed of in a site regulated under ch.
NR 500 or
518, except runoff, leachate, decantate or other wastewaters collected for disposal on land outside of the regulated disposal site.
NR 214.02(3)(m)
(m) Wastes from sites and facilities used solely for research purposes under the direction of a Wisconsin registered professional engineer or a scientist employed by a university located within this state provided the following requirements are met:
NR 214.02(3)(m)1.
1. The net site area, excluding site borders and buffer strips, does not exceed 4 acres;
NR 214.02(3)(m)2.
2. The available nitrogen, chloride and heavy metal additions averaged over the total plot area may not exceed the rates specified by the department in ch.
NR 204 for municipal sewage sludges or those identified in the literature as being toxic to specific plants or plant groups;
NR 214.02(3)(m)3.
3. The site is developed, operated, monitored and maintained in a safe, nuisance free manner; and
NR 214.02(3)(m)4.
4. Copies of the research proposal are submitted to the department in advance of initiation of the research and any reports and publications on the research are provided to the department.
NR 214.02 History
History: Cr.
Register, June, 1990, No. 414, eff. 7-1-90;
CR 09-123: am. (2)
Register July 2010 No. 655, eff. 8-1-10;
CR 13-057: am. (3) (f)
Register July 2015 No. 715, eff. 8-1-15.
NR 214.03
NR 214.03
Definitions. The following definitions are applicable to terms used in this chapter. Definitions of other terms and meanings of abbreviations are in ch.
NR 205.
NR 214.03(1)
(1) “Alternate concentration limit" means the concentration of a substance in groundwater established for a site by the department to replace a preventive action limit or an enforcement standard, or both from s.
NR 140.10 or
140.12, when an exemption is granted in accordance with s.
NR 140.28.
NR 214.03(2)
(2) “ASTM" means the American Society for Testing and Materials. Copies of ASTM standards referenced in this chapter are available for inspection at the offices of the department of natural resources, the secretary of state's office and the legislative reference bureau. ASTM standards may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
NR 214.03(3)
(3) “Bedrock" means rock that is exposed at the earth's surface or underlies soil material and is encountered when weathered in-place consolidated material, larger than 2 mm in size, is greater than 50% by volume.
NR 214.03(4)
(4) “By-product solids" means waste materials from the animal product or food processing industry including, but not limited to: remains of butchered animals, paunch manure and vegetable waste materials such as leaves, cuttings, peelings and actively fermenting sweet corn silage.
NR 214.03(5)
(5) “Cation-exchange capacity" means the sum total of exchangeable cations that a soil can absorb, expressed in milliequivalents per 100 grams of oven dry soil.
NR 214.03(6)
(6) “Community public water supply system" means a water supply system having at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents. Any water supply system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered a community public water supply system unless information is available to indicate that 25 year-round residents will not be served.
NR 214.03(7)
(7) “Composting facility" means a facility where organic material is biologically degraded to produce a stabilized end product.
NR 214.03(8)
(8) “Department", when used without qualification, means the department of natural resources.
NR 214.03(9)
(9) “Design management zone" means a 3 dimensional boundary surrounding each regulated facility, practice or activity established under s.
NR 140.22 (3).
NR 214.03(10)
(10) “Detrimental effect" means contamination of the lands or waters of the state, or making the same injurious to public health, harmful for commercial or agricultural use, or deleterious to animal or plant life.
NR 214.03(11)
(11) “Enforcement standard" or “ES" means a numerical value expressing the concentration of a substance in groundwater which is adopted under ss.
160.07 and
160.09, Stats., and ss.
NR 140.10 and
140.12.
NR 214.03(13)
(13) “Floodplain" means the land which has been or may be covered by flood water during the regional flood as specified under s.
NR 116.03 (16).
NR 214.03(14)
(14) “Floodway" means the portion of a river or stream required to carry the regional flood as specified under s.
NR 116.03 (22).
NR 214.03(15)
(15) “Food-chain crop" means a crop grown for human consumption or pasture, forage and feed grains for animals whose products are consumed by humans. Tobacco is considered a crop grown for human consumption.
NR 214.03(16)
(16) “Groundwater" means any of the waters of the state, as defined in s.
281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil.
NR 214.03(17)
(17) “Groundwater monitoring" means measuring the groundwater level and analyzing samples of water taken from the ground.
NR 214.03(19)
(19) “Hydraulic application rate" means the volume of liquid waste evenly spread over a designated acreage of the land treatment system divided by a period of time as specified in the WPDES permit. The rate is calculated by dividing the volume discharged during the waste loading period by the acreage of land loaded and then dividing by the total time in the load/rest cycle.
NR 214.03(21)
(21) “Infiltration rate" means the rate of liquid movement through the soil surface into the ground.
NR 214.03(22)
(22) “Incorporation" means the mixing of a waste with topsoil by injecting, discing, moldboard plowing, chisel plowing or rotary tilling to a minimum depth of 4 inches.
NR 214.03(23)
(23) “Intensity of application" means the instantaneous rate, reported as inches per hour, at which liquid waste is applied to land.
NR 214.03(24)
(24) “Land treatment system" means a system that utilizes the physical, chemical and biological abilities of the soil to decompose pollutants in the wastes. Land treatment systems include:
NR 214.03(24)(f)
(f) Landspreading systems for liquid wastes or organic by-product solids,
NR 214.03(24)(h)
(h) Any other land area receiving liquid wastes, by-product solids or sludge discharges.
