NR 518.04(1)(i)
(i) Facilities used for the landspreading of composted source-separated compostable material.
NR 518.04(1)(j)
(j) Facilities used for the landspreading of lime sludges from papermills which were being landspread prior to July 1, 1996.
NR 518.04(1)(k)
(k) Facilities used for the disposal of soil contaminated only with agricultural chemicals regulated by the department of agriculture, trade and consumer protection under s.
94.73, Stats.
NR 518.04(2)
(2) Research projects. Facilities used solely for research purposes under the direction of a registered professional engineer in the state of Wisconsin or a scientist employed by a university located within this state are exempt from the plan submittal requirements of this chapter if the applicant provides to the department information sufficient to show that the project meets the following requirements:
NR 518.04(2)(a)
(a) The net plot area, excluding plot borders and buffer strips, may not exceed 4 acres,
NR 518.04(2)(b)
(b) The available nitrogen 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 518.04(2)(c)
(c) The facility shall be developed, operated, monitored and maintained in a safe, nuisance-free manner, and
NR 518.04(2)(d)
(d) Copies of the research proposal shall be provided to the department in advance of initiating the research. Written approval from the department is not required prior to initiation of the project. However, the research proposal should discuss the project objectives, methods for demonstrating beneficial characteristics and methods for evaluating project performance. If the department finds, after review of this material, that the proposal would not provide the information necessary to make a determination, a response will be issued which contains recommendations on how the study should be amended. All reports and research publications pertaining to the facility shall be provided to the department. The final report shall, at a minimum, summarize the project performance, any limitations and areas of further study.
NR 518.04(3)
(3) Lime sludge. Facilities used for the landspreading of lime sludges from papermills or water supply treatment facilities are exempt from the requirements of this chapter provided that the proposal is reviewed and approved by the department and the material meets the following requirements. This subsection does not apply to lime sludges from papermills which were being landspread prior to July 1, 1996.
NR 518.04(3)(b)
(b) Determined by the department to have value as a soil conditioner or fertilizer, and
NR 518.04(3)(c)
(c) Applied in accordance with accepted agricultural practices and any department issued approval.
NR 518.04 Note
Note: Lime sludges from papermills which were being landspread prior to July 1, 1996, are exempt under sub. (1) (j).
NR 518.04(4)
(4) Industrial sludges. Facilities used exclusively for the landspreading of nonhazardous industrial sludges are exempt from the requirements of this chapter provided that the material is:
NR 518.04(4)(b)
(b) Determined by the department to have value as a soil conditioner or fertilizer. The department may on a case-by-case basis require greenhouse or experimental field studies and may consider federal regulations, technical guidelines and other related research in determining whether a sludge has value as a soil conditioner or fertilizer,
NR 518.04(4)(c)
(c) Generated at an industrial wastewater treatment facility and the landspreading facility has been approved or permitted under
ch. NR 214, and
NR 518.04(4)(d)
(d) Not repeatedly applied such that excessive accumulation of hazardous substances occur in soil or vegetation, or cause a detrimental effect on surface water quality or cause a detrimental effect on groundwater quality or cause or exacerbate an attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in
ch. NR 140.
NR 518.04(5)
(5) Coal ash. Facilities used for the landspreading of coal ash or ash produced by burning coal with other fuels are exempt from the requirements of this chapter provided that the proposal is reviewed and approved by the department and the material is:
NR 518.04(5)(b)
(b) Determined by the department to have value as a soil conditioner or fertilizer,
NR 518.04(5)(c)
(c) Applied in accordance with accepted agricultural practices and any department issued approval. As part of this approval, the department may require additional testing, monitoring, reporting or other information as appropriate, and
NR 518.04(5)(d)
(d) Not repeatedly applied such that excessive accumulation of hazardous substances occur in soil or vegetation, or cause a detrimental effect on surface water quality or cause a detrimental effect on groundwater quality or cause or exacerbate an attainment or exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in
ch. NR 140.
NR 518.04(6)(a)(a) Facilities used for the landspreading of wood ash from the combustion of untreated wood with no additives, preservatives or other alterations other than kiln drying are exempt from the requirements of this chapter provided that storage, handling, transportation and landspreading follow best management practices to minimize uncontrolled dispersion by wind and water and provided that the following requirements are met by those responsible for landspreading activities or the wood ash operator:
NR 518.04 Note
Note: The term “facilities" used in this subsection means the land upon which wood ash is applied. Section
NR 500.08 (5) (b) 1. exempts wood ash storage, handling, transportation and landspreading activities for small quantity wood ash generators. Section
NR 500.08 (5) (b) 2. exempts wood ash storage, handling and transportation activities when wood ash is managed in accordance with this subsection.
NR 518.04(6)(a)1.
1. An initial bulk chemical analysis shall be performed on a representative sample of wood ash to determine the composition and neutralizing index. Testing shall be performed by the generator or generator's designee in accordance with a department approved testing procedure. The department may limit landspreading based on the level of contaminants found in this testing procedure.
NR 518.04(6)(a)2.
2. Landspreading shall be for the purpose of beneficially using the wood ash for soil pH adjustment or nutrient addition using accepted agricultural practices.
NR 518.04(6)(a)3.
3. Maximum one time application rates shall be limited to 15 dry tons per acre and a total cumulative application limited to 50 dry tons per acre.
NR 518.04 Note
Note: The department recommends the wood ash application rate be adjusted to target soil pH to promote crop yields.
NR 518.04(6)(a)4.
4. Wood ash which is top dressed may not be landspread in the following areas:
NR 518.04(6)(a)4.a.
a. Within 100 feet of navigable bodies of water, such as streams or ponds, a wetland or a floodplain.
NR 518.04(6)(a)4.b.
b. Within 1,000 feet of public water supply wells or 200 feet of private water supply wells.
NR 518.04(6)(a)4.c.
c. Within 200 feet of residences unless written consent is obtained from the residents.
NR 518.04(6)(a)4.e.
e. Within 25 feet of intermittent streams, drainage ways, road ditches, surface tile inlets or other areas which concentrate runoff.
NR 518.04(6)(a)4.f.
f. On any fields with slopes greater than 6% unless the land is in a soil conservation management plan. For land in a soil conservation management plan, wood ash may not be spread on fields with slopes greater than 12%.
NR 518.04(6)(a)5.
5. Records shall be maintained for a period of 5 years by the wood ash generator of the quantities produced, the name and address of the person to whom the ash was distributed and the results of the initial bulk analysis and the results of other routine testing, if applicable. The wood ash generator or generator's designee shall inform those responsible for landspreading of the requirements of
subds. 3. and
4. Those responsible for landspreading wood ash shall keep records of the location and amount of wood ash applied.
NR 518.04(6)(b)
(b) Facilities used for the landspreading of ash derived from the combustion of wood containing additives such as waxes used as marking crayons, end coatings or adhesives used for fingerjointing, edgegluing or face laminating are exempt from the requirements of this chapter provided that the requirements of this paragraph are met and all additives are identified using material safety data sheets. Prior to commencing landspreading under this paragraph, a report shall be provided by the generator or generator's designee to the department regional office with an initial request including a description of wood fuels and material safety data sheets for additives and an initial characterization of the ash. Upon approval of the department or if the department does not respond within 60 days after receipt of the report, facilities used for landspreading under this paragraph are exempt from the requirements of this chapter provided the generator or those responsible for landspreading activities meet the requirements in
par. (a) and the following:
NR 518.04(6)(b)1.
1. Bulk chemical analysis shall be performed annually from a monthly composited sample of wood ash to determine the composition and neutralizing index. Testing shall be performed by the generator or generator's designee in accordance with a department approved testing procedure. The department may limit landspreading based on the level of contaminants found in this testing procedure.
NR 518.04(6)(b)2.
2. An annual report shall be submitted by the wood ash generator or generator's designee to the department regional office including the estimated volume of wood ash produced annually and the total quantity landspread.
NR 518.04(6)(c)
(c) Facilities used for the landspreading of ash derived from the combustion of fuels other than those described in
par. (a) or
(b) are not exempt under this subsection.
NR 518.04(6m)
(6m) Contaminated soil. Facilities used for single-application landspreading of soils contaminated solely with light petroleum products, agricultural chemicals regulated by the department of agriculture, trade and consumer protection under s.
94.73, Stats., alone or in combination with each other, are exempt from the requirements of this chapter if the facility is approved under, and is operated and closed in compliance with,
s. NR 718.09 (8).
NR 518.04(7)
(7) Other wastes. Facilities for the landspreading of other wastes such as fish or the remains of butchered animals may be exempted from the requirements of this chapter provided that the department approves the proposal in writing, the facility is operated and maintained in a safe, nuisance-free manner and the following requirements are met:
NR 518.04(7)(b)
(b) The material is determined by the department to have value as a soil conditioner or fertilizer,
NR 518.04(7)(c)
(c) A brief discussion is included which identifies the facility location, proposed application rates, the proposed method for incorporating the material and the length of time each facility will be used, and
NR 518.04(7)(d)
(d) The material is applied in accordance with accepted agricultural practices and any department issued approval.
NR 518.04 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (intro.), (a), (f), (g), (3) (intro.), (4) (intro.), (c) and (5) (intro.), renum. (1) (h) to be (1) (i), (6) to be (7) and am., cr. (1) (h), (j), (k), (6),
Register, June, 1996, No. 486, eff. 7-1-96; cr. (6m),
Register, November, 1998, No. 515, eff. 12-1-98;
CR 10-128: am. (1) (intro.), (b), (i)
Register May 2012, eff. 6-1-12.
NR 518.05
NR 518.05 Location and performance standards. NR 518.05(1)(1)
General. An applicant submitting a landspreading plan shall demonstrate to the department that the proposed facility will comply with all of the location and performance standards of this section unless an exemption is granted.
NR 518.05(2)
(2) Exemptions. Exemptions from compliance with
subs. (3) (a) to
(d) and
(4) (a),
(b),
(e) and
(f) may be granted only upon demonstration by the applicant of circumstances which warrant such an exemption. Exemptions from compliance with
sub. (4) (c) will not be granted. Exemptions from compliance with
sub. (4) (d) may be granted only according to the procedures set forth in
ch. NR 140.
NR 518.05(3)
(3) Location standards. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within the following areas:
NR 518.05(3)(b)
(b) Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within such other areas where a substantial potential bird hazard to aircraft would be created. This criteria is only applicable where a facility is used for disposing of putrescible waste.
NR 518.05(3)(c)
(c) Within 1,000 feet of public water supply wells or 200 feet of private water supply wells.
NR 518.05(3)(d)
(d) Within 500 feet of any residence, unless written consent is obtained from the resident. This distance may also be reduced for the residence of the property owner on whose land solid waste is spread.
NR 518.05(4)
(4) Performance standards. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within an area where there is a reasonable probability that the facility will cause:
NR 518.05(4)(b)
(b) A take of an endangered or threatened species or other activity prohibited under s.
29.604, Stats.
NR 518.05(4)(d)
(d) A detrimental effect on groundwater quality or will cause or exacerbate an exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in
ch. NR 140. For the purposes of design, the point of standards application is defined by
s. NR 140.22 (1).
NR 518.05(4)(e)
(e) The migration and concentration of explosive gases in any structures or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.
NR 518.05(4)(f)
(f) The emission of any hazardous air contaminant exceeding the emission rate for that contaminant listed in
ch. NR 445 or the total application rate of volatile organic compounds to exceed the limitation contained in
s. NR 419.07 (4) (e).
NR 518.05 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88, am. (1), (3) (intro.), (4) (intro.),
Register, June, 1996, No. 486, eff. 7-1-96; am. (4) (f),
Register, November, 1998, No. 515, eff. 12-1-98;
CR 05-020: am. (4) (b) and (f)
Register January 2006 No. 601, eff. 2-1-06.
NR 518.06
NR 518.06 Solid waste landspreading plan. No person may establish, construct, operate or maintain a solid waste landspreading facility or expand an existing facility without first obtaining written department approval of a solid waste landspreading plan as provided in this section. Specific requirements of this section may be waived by the department based on a review of the material characteristics.
NR 518.06(1)
(1) Waste characterization. The landspreading plan shall include a detailed description and analysis of each waste type proposed to be spread at a landspreading facility. Unless otherwise approved by the department in writing, data on waste types shall include, at a minimum, the following information:
NR 518.06(1)(a)
(a) The sources, processes or treatment systems from which the wastes originate including a list of all chemicals added during these processes. Material safety data sheets or other data sources providing information specific to these chemicals shall be included.
NR 518.06(1)(b)
(b) Waste pretreatment or waste processing techniques utilized prior to landspreading.
NR 518.06(1)(c)
(c) The volumes of solid waste to be spread, stored or disposed.
NR 518.06(1)(d)
(d) Physical characteristics of the waste material including the solids fraction and the organic fraction.
NR 518.06(1)(e)
(e) Analysis of the waste material for the following parameters. The limit of detection and the limit of quantitation shall be reported with the sample results. If a substance is detected below the limit of quantitation, the detected value with the appropriate qualifier shall be reported.
NR 518.06(1)(e)2.
2. Nutrient content including Kjeldahl-nitrogen, ammonia-nitrogen, nitrate and nitrate-nitrogen, phosphorous and potassium.
NR 518.06(1)(e)4.
4. Biological populations including total coliform, fecal coliform and any virus present in the waste material.
NR 518.06(1)(e)5.
5. Metals content including aluminum, barium, boron, calcium, copper, iron, manganese, magnesium, sodium, strontium and zinc.
NR 518.06(1)(e)6.
6. A bulk chemical analysis for additional analytes may be required by the department based on the information provided in
pars. (a) to
(d).
NR 518.06(1)(f)
(f) Based on the information provided in
pars. (a) to
(e), the department may require that the waste material, the landspreading site soil and a mixture of waste material and soil be leach tested for those parameters listed in
subds. 1. to
3. This analysis shall use limits of detection which are at or below the preventive action limits established in
ch. NR 140. If no preventive action limit exists, the limits of detection shall be the lowest level achievable using approved methods. The limit of detection and the limit of quantitation shall be reported with the sample results. If a substance is detected below the limit of quantitation, the detected value with the appropriate qualifier shall be reported. The leach tests performed on the mixture of waste material and soil shall represent the anticipated field conditions.
NR 518.06(1)(f)1.
1. All priority pollutants as identified by the U.S. environmental protection agency.
NR 518.06(1)(f)2.
2. Any chemicals identified in
par. (a) which have the potential to adversely affect the environment.
NR 518.06(1)(f)3.
3. Metals including aluminum, barium, boron, calcium, copper, iron, manganese, magnesium, sodium, strontium and zinc.
NR 518.06(2)
(2) Waste use determination. An assessment and analysis of data including conclusions drawn concerning the potential benefits and adverse effects of the landspreading program shall be included. This assessment shall include information showing that the waste has value as a soil conditioner or fertilizer or will not cause a detrimental effect to public health, welfare or the environment. At a minimum, the following information shall be submitted:
NR 518.06(2)(a)
(a) Documentation of previous successful uses of the solid waste, or other solid wastes with similar composition, properties and characteristics.
NR 518.06(2)(b)
(b) Documentation of compliance with existing Wisconsin department of agriculture, trade and consumer protection regulations pertaining to the licensing and marketing of fertilizers or soil conditioners.
NR 518.06(2)(c)
(c) Successful completion of an approved experimental solid waste landspreading program.
