Chapter NR 214

NR 214.03(36) (36) “Soil moisture holding capacity” means the volume of water available for plant growth in a unit depth of soil. It is measured by the difference in water volume retained in a unit depth of soil between the pore pressures of field capacity (1/10 to P atmospheres) and the wilting point (15 atmospheres).

NR 214.03(37) (37) “Unsaturated zone” means the zone between the land surface and the water table in which the pore spaces contain water at less than atmospheric pressure, as well as air and other gases.

NR 214.03(38) (38) “Wetland” as defined in s. 23.32 (1), Stats., means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

NR 214.03 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; corrections in (2), (9), (16) and (18) made under s. 13.92 (4) (b) 6. and 7., Stats., Register July 2010 No. 655; correction in (16) made under s. 13.92 (4) (b) 7., Stats., Register July 2021 No. 787.

NR 214.04 NR 214.04 Prohibitions.

NR 214.04(1) (1) The discharge of toxic or hazardous substances to land treatment systems shall be prohibited unless the owner or operator demonstrates to the department that the discharge of such pollutants will be in such small quantities that no environmental pollution will result and standards established in ch. NR 140 will not be exceeded. The demonstration criteria used shall include, but not be limited to: the toxicity of the pollutant or waste, degradability, the usual or potential presence of the pollutant or waste in the existing environment, site characteristics and other relevant factors. This prohibition applies to sludges which are classified as toxic or hazardous wastes.

NR 214.04(2) (2) The discharge of hazardous wastes to land treatment systems is prohibited as specified in s. NR 664.0270.

NR 214.04(3) (3) The underground injection of any pollutant through a well is prohibited as specified in s. NR 812.20.

NR 214.04(4) (4) Liquid wastes, sludges or by-product solids that contain viable pathogens, such as those from meat or poultry processing, may not be applied on fields used for growing crops that may be consumed raw by humans.

NR 214.04 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655.

NR 214.05 NR 214.05 Additional limitations. Discharges of industrial liquid wastes, by-product solids and sludges to land treatment systems shall be operated to prevent detrimental effects on surface waters, wetlands and critical habitat areas. The department may impose additional limitations on land treatment systems as follows:

NR 214.05(1) (1) The requirements of this chapter may be supplemented or superseded by standards or prohibitions for toxic or hazardous substances;

NR 214.05(2) (2) The requirements of this chapter may be supplemented or superseded by more stringent requirements, including pretreatment requirements, more stringent discharge limitations, and more frequent or stringent effluent or groundwater monitoring requirements, if:

NR 214.05(2)(a) (a) There is an increased possibility of surface water or groundwater contamination, due to system location, loading rates, soil types, geologic or other conditions;

NR 214.05(2)(b) (b) The wastewaters contain any substance or concentration of substances not normally associated with the type of discharge identified in s. NR 214.02 (1); or

NR 214.05(2)(c) (c) The wastewaters cause a public nuisance.

NR 214.05 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 214.06 NR 214.06 Exemptions from requirements of this chapter.

NR 214.06(1) (1) The department may exempt a land treatment system from specific requirements of this chapter if the owner or operator can demonstrate that the requirement is more stringent than necessary to comply with the provisions of ch. NR 140 and ch. 160, Stats. As required in s. 160.19 (2), Stats., this chapter defines design and management practice criteria for land treatment systems to minimize the level of substances in groundwater to the extent technically and economically feasible and to comply with the groundwater preventive action limits established in ch. NR 140. The concepts of matching the waste loading to the soil conditions, uniform wastewater distribution, a load/rest cycle and nutrient removal by crop uptake are essential in order to minimize the groundwater impacts from waste treatment on land. However, there may be site specific factors that determine how these concepts are best applied to a specific facility. To justify an exemption from a requirement of this chapter, the owner or operator shall demonstrate the following:

NR 214.06(1)(a) (a) That site specific factors, such as pollutant-soil interactions, higher than normal crop nutrient uptake or pollutant dilution, dispersion or degradation within the design management zone, justify an exemption from the requirements of this chapter. The influence of site specific factors shall be demonstrated in an evaluation of the waste loading, hydrogeologic conditions, soil type and treatment capabilities of the site to present grounds for an exemption. Soil investigation information such as that specified in s. NR 214.20 may be required as part of the treatment system evaluation;

NR 214.06(1)(b) (b) That increases of substances in the groundwater from land treatment on the site will be minimized to the extent technically and economically feasible; and

NR 214.06(1)(c) (c) That the applicable groundwater limits will not be exceeded. The following evidence shall be part of the exemption request for each of the following groups of land treatment systems:

NR 214.06(1)(c)1. 1. Existing systems with groundwater monitoring wells. The owner or operator shall demonstrate compliance with the appropriate groundwater standards in all monitoring wells by presenting groundwater monitoring data from the land treatment system. The department may require installation of and data from additional monitoring wells if the groundwater monitoring well network is believed to not adequately represent the impacts from land treatment of wastes on the site.

NR 214.06(1)(c)2. 2. Existing systems without groundwater monitoring wells and flows above 15,000 gpd. The department may require the owner or operator of a system which has had a monthly average liquid waste flow to land treatment equal to, or greater than, 15,000 gallons per day (gpd), anytime during the previous year, to demonstrate compliance with the appropriate groundwater standards by installing a department approved monitoring well system. The monitoring well system installation will be required through the modification or reissuance of the discharge permit for the system.

NR 214.06(1)(c)3. 3. Existing systems without groundwater monitoring wells and flows below 15,000 gpd. The owner or operator of a system which has monthly average liquid waste flows to land treatment of less than 15,000 gpd shall demonstrate that granting the exemption will result in the treatment system having a low potential for exceeding the groundwater standards of ch. NR 140. The department shall require all feasible upgrading and operational improvements that will optimize the performance of the existing land treatment system and minimize groundwater impacts. Such improvements may include, but are not limited to, operational changes, site modifications and minimizing the waste loading. Systems in this size category that the department judges as having a high potential for groundwater contamination will be required to install a groundwater monitoring well system. The department shall consider pollutant loading rates, soil types and system location in assessing the potential for groundwater contamination.

NR 214.06(1)(c)4. 4. New or expanded land treatment systems. The owner or operator of a new or expanded land treatment system may utilize information from research studies, literature or similar existing land treatment systems in the demonstration for a variance. The department may require the installation of a groundwater monitoring well network to check for groundwater impacts from land treatment on the site.

NR 214.06(2) (2) Submitting an exemption request. The owner or operator of a land treatment system shall request an exemption from a requirement of this chapter by submitting facts to the department:

NR 214.06(2)(a) (a) In the application for issuance, reissuance or modification of a WPDES permit, or

NR 214.06(2)(b) (b) In plans and specifications for a new or expanded land treatment system or during the 90-day plan approval period as specified in s. 281.41, Stats., or

NR 214.06(2)(c) (c) During the 30-day public comment period following public notice by the department of intent to issue, reissue or modify a WPDES permit under s. 283.31, Stats., or

NR 214.06(2)(d) (d) At a public hearing held under s. 283.49 or 283.63, Stats.

NR 214.06(3) (3) Written exemptions. All exemptions issued under this section shall be granted in writing.

NR 214.06 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655.

NR 214.07 NR 214.07 Exemptions from groundwater standards.

NR 214.07(1) (1) Land treatment systems shall be designed and operated to minimize the level of substances in the groundwater and to prevent exceedence of the groundwater preventive action limits (PAL) to the extent technically and economically feasible. Groundwater preventive action limits are listed in ss. NR 140.10 and 140.12.

NR 214.07(2) (2) Responses when the preventive action limit is exceeded. For a facility where a PAL has been exceeded in a groundwater monitoring well, the department may require a variety of responses as listed in Table 5 of ch. NR 140, such as requiring a change in the operation or design of the treatment system, requiring clean-up of the groundwater, or granting an exemption from the limit in accordance with s. NR 140.28. An exemption may be granted only after the department determines that the concentration of the substance in the groundwater has been minimized to the extent technically and economically feasible. Best management practices, waste reduction, wastewater pretreatment and alternative treatment systems used by other dischargers within the same industrial category will be considered in making the determination of what is technically and economically feasible.

NR 214.07(3) (3) Responses when the enforcement standard is exceeded. For a facility where an enforcement standard has been exceeded at a point of standards application, the department may require a variety of responses as listed in Table 6 of ch. NR 140, such as requiring a change in the operation or design of the treatment system, requiring an alternate treatment system, requiring clean-up of the groundwater, or requiring closure of the land treatment system. An exemption may be granted in accordance with s. NR 140.28 only after it has been determined that the background concentration of the substance in the groundwater has caused exceedence of the enforcement standard.

NR 214.07 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 214.08 NR 214.08 Abandonment. Land treatment systems which will no longer be used shall be properly abandoned within 2 years of the date on which waste material was last applied. The department may require a plan that includes a procedure to properly identify the presence and characteristics of any accumulated solid matter and provide appropriate removal, disposal, treatment or recycling alternatives in accordance with applicable solid and hazardous waste laws. All recycling, treatment and disposal shall be conducted so as to protect public health and the environment. Unless otherwise directed by the department, soil that has been contaminated by a land treatment system shall be remediated in compliance with ch. NR 720 when the land treatment system is abandoned. The plan shall also address site restoration and any landscaping that will prevent groundwater impacts, accumulation of standing water or runoff. The department may require groundwater monitoring for a period of time after abandonment of the land treatment system to assess groundwater impacts. The design, installation, construction, abandonment and documentation of all monitoring wells shall be in accordance with the requirements of ch. NR 141.

NR 214.08 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; am., Register, April, 1994, No. 460, eff. 5-1-94; am., Register, March, 1995, No. 471, eff. 4-1-95.

NR 214.09 NR 214.09 Sampling and analytical methods. Unless otherwise specified in the WPDES permit for a land treatment system:

NR 214.09(1) (1) The procedures for measuring flow and taking samples of discharges shall be those in ch. NR 218,

NR 214.09(2) (2) The methods of analysis for substances contained in discharges shall be those specified in ch. NR 219, and

NR 214.09(3) (3) All laboratory monitoring data which is submitted to the department shall include a certification that the laboratory adhered to the provisions of ch. NR 149, which specifies minimum requirements and criteria for laboratory methodology, quality control procedures, and records keeping procedures.

NR 214.09 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 214.10 NR 214.10 General permits. Under s. 283.35, Stats., the department may issue a general or statewide WPDES permit for discharges from specified categories or classes of point sources. The department is considering the issuance of general WPDES permits to cover certain classes of land treatment systems, such as low volume liquid waste or by-product solid landspreading. Information to determine eligibility for coverage under a general WPDES permit shall be submitted before the facility is authorized by the department to discharge under the general permit. Any person who has an individual WPDES permit for a discharge is not covered by a general WPDES permit for that discharge. The department may withdraw a discharge from the coverage of a general WPDES permit and issue an individual WPDES permit pursuant to s. 283.35, Stats., on its own motion, or upon the petition of any general permittee, affected state, or 5 or more persons affected by the disposal practices of a general permittee. If the department determines that a discharge covered by a general WPDES permit is better regulated by a specific WPDES permit, it shall notify the affected person in writing of the need to apply for a specific permit and shall provide the person with an application form. Any person so notified shall submit that application form within 60 days of receipt of the notice and application form.

NR 214.10 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

subch. II of ch. NR 214 Subchapter II — Requirements for Specific Land Treatment Systems

NR 214.12 NR 214.12 Absorption pond systems.

NR 214.12(1) (1) Site location criteria.

NR 214.12(1)(a) (a) The absorption pond system shall be located at least 500 feet from the nearest inhabited dwelling, except that this distance may be reduced with the written consent of any affected owners and occupants. The department may require a greater distance depending on the potential for aesthetic and public health impacts.

NR 214.12(1)(b) (b) The system shall be located at least 1,000 feet from a well serving a community public water supply system and at least 250 feet from other potable water supply wells.

NR 214.12(1)(c) (c) The bottom of the absorption pond shall be at least 5 feet from bedrock and the calculated groundwater level. The calculated groundwater level is the elevation of the natural groundwater level plus the calculated mound height.

NR 214.12(1)(d) (d) The system may not be located in the floodway as specified in ch. NR 116. Any system located in the floodplain shall conform to ch. NR 116 and may not be operated when the floodplain is flooded.

NR 214.12(1)(e) (e) Systems shall be constructed in locations other than groundwater recharge areas, whenever possible.

NR 214.12(2) (2) Design and construction criteria.

NR 214.12(2)(a) (a) Absorption pond systems shall consist of either 2 or more cells which can be alternately loaded and rested, or one cell preceded by an effluent storage or stabilization pond system. Where only one cell is provided, the storage or stabilization pond shall be operated on a fill and draw basis and have sufficient capacity to allow intermittent loading of the absorption pond.

NR 214.12(2)(b) (b) In systems with more than one cell, the wastewater distribution system shall be arranged so that individual cells within the absorption pond system can be taken out of service for resting without interrupting the discharge to the remaining cells.

NR 214.12(2)(c) (c) The wastewater discharge system shall be designed to provide even distribution and prevent erosion of the pond bottom.

NR 214.12(2)(d) (d) The shape of each absorption cell shall be such that there are no narrow or elongated portions and no islands, peninsulas or coves.

NR 214.12(2)(e) (e) The minimum top width of an embankment or dike shall be 8 feet. Outside embankment and dike slopes may not be steeper than 3 horizontal to one vertical and shall be properly seeded with a mixture of perennial grasses to prevent erosion. Inside embankments and dikes may not be steeper than 2 horizontal to one vertical and shall be riprapped to prevent erosion.

NR 214.12(2)(f) (f) The bottom of the absorption pond shall be level.

NR 214.12(2)(g) (g) The system shall be constructed in such a manner as to prevent surface runoff from entering the system.

NR 214.12(2)(h) (h) Precautions shall be taken during construction of the system to minimize compaction of absorption areas to prevent a reduction in soil infiltration rate. Project specifications shall detail the specific precautions which will be taken.

NR 214.12(2)(i) (i) Erosion control measures shall be taken during construction to prevent erosion of soil into a surface water.

NR 214.12(3) (3) Discharge limitations.

NR 214.12(3)(a) (a) The discharge to an absorption pond system may not exceed the hydraulic, organic, nitrogen, chloride or other limitations specified in a WPDES permit or plans developed pursuant to a permit requirement. In determining discharge limitations, the department shall consider past operating performance, the ability of the soils to treat the pollutants in the discharge, hydrogeologic characteristics of the site such as permeability and infiltration rates, and other relevant information.

NR 214.12(3)(b) (b) The concentration of any wastewater parameter that may impact groundwater quality shall be limited at the point of discharge to a value that will minimize the concentration of the substance in the groundwater to the extent technically and economically feasible and prevent exceedence of the preventive action limit (PAL) in the groundwater. This will be especially important for parameters, such as dissolved chloride, that do not receive significant treatment in the system.

NR 214.12(3)(c) (c) Since all forms of nitrogen in wastewater can be converted to nitrate-nitrogen in the groundwater moving away from an absorption pond, the average concentration of the sum of all nitrogen species in the absorption pond discharge shall be limited to a value that will minimize the concentration of nitrate-nitrogen in the groundwater to the extent technically and economically feasible and will prevent exceedence of the nitrate plus nitrite-nitrogen PAL in the groundwater.

NR 214.12(3)(d) (d) The average concentration of BOD5 discharged to an absorption pond system shall be restricted to the amount that can be removed in the treatment system.

NR 214.12(3)(e) (e) The hydraulic application rate shall be established based on hydrogeologic conditions, soil texture, soil permeability and waste characteristics. Systems which are to receive more than 10,000 gallons per acre per day are required to perform additional soil testing requirements as specified in s. NR 214.20 (7).

NR 214.12(3)(f) (f) Discharge to the system shall be limited so that the discharge volume combined with the precipitation from a 10-year frequency, 24-hour duration rainfall event does not reduce the available freeboard to less than one foot below the top of the dike.

NR 214.12(3)(g) (g) No discharge to the system may have physical or chemical characteristics which prevent the proper operation of the system.

NR 214.12(4) (4) Discharge monitoring requirements.

NR 214.12(4)(a) (a) The discharge to each absorption pond cell shall be monitored for total daily discharge volume.

NR 214.12(4)(b) (b) The department may require in a WPDES permit that the discharge be monitored for BOD5, total suspended solids, forms of nitrogen, chloride, metals or any other pollutant that may be present. The department shall select the pollutants to be monitored and the required frequency of monitoring on a case-by-case basis by considering the potential public health impacts, probable environmental impact, soil and geologic conditions, past operating performance, concentrations and characteristics of pollutants in the discharge and other relevant information.

NR 214.12(4)(c) (c) The department may require electronic or paper submittal of discharge monitoring reports and land application forms.

NR 214.12(5) (5) Operating requirements.

NR 214.12(5)(a) (a) The absorption pond cells shall be loaded intermittently to allow sufficient resting periods to maintain the absorptive capacity of the soil.

NR 214.12(5)(b) (b) Management plan. The department shall require each absorption pond system owner or operator to submit a management plan for optimizing treatment system performance and demonstrating compliance with the requirements of this chapter. Following approval by the department, the treatment system shall be operated in conformance with the management plan. If the facility wishes to operate differently than specified in the approved plan, a written request shall be submitted to the department for approval to amend the management plan. The plan shall specify information on pretreatment processes, load and rest schedules, scheduled maintenance, weed control and removal, operational strategies for periods of adverse weather, monitoring procedures and any other pertinent information.

NR 214.12(6) (6) Soil investigation and groundwater monitoring requirements. The soil investigation and groundwater monitoring requirements for absorption pond systems are specified in ss. NR 214.20 and 214.21.

NR 214.12 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; CR 09-123: cr. (4) (c) Register July 2010 No. 655, eff. 8-1-10.

NR 214.13 NR 214.13 Ridge and furrow systems.

NR 214.13(1) (1) Site location criteria.

NR 214.13(1)(a) (a) The ridge and furrow system shall be located at least 500 feet from the nearest inhabited dwelling, except that this distance may be reduced with the written consent of any affected owners and occupants. The department may require a greater distance depending on the potential for aesthetic and public health impacts.

NR 214.13(1)(b) (b) The ridge and furrow system shall be located at least 1,000 feet from a well serving a community public water supply system and at least 250 feet from other potable water supply wells.

NR 214.13(1)(c) (c) The bottom of the furrows shall be at least 5 feet above bedrock and groundwater.

NR 214.13(1)(d) (d) The system may not be located in the floodway as specified in ch. NR 116. Any system located in the floodplain shall conform to ch. NR 116 and may not be operated when the floodplain is flooded.

NR 214.13(2) (2) Design and construction criteria.