Register September 2020 No. 777
Chapter NR 518
LANDSPREADING OF SOLID WASTE
NR 518.05 Location and performance standards.
NR 518.06 Solid waste landspreading plan.
NR 518.07 Landspreading operation and monitoring.
NR 518.08 Closure of landspreading facilities.
NR 518.10 Proof of facility registry.
NR 518.01
NR 518.01 Purpose. The purpose of this chapter is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in this state and to outline the requirements regarding landspreading of solid waste. This chapter is adopted under s.
227.11, Stats., and
ch. 289, Stats.
NR 518.01 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88, am.
Register, June, 1996, No. 486, eff. 7-1-96.
NR 518.02(1)
(1) Except as otherwise provided, this chapter governs all solid waste landspreading facilities, except hazardous waste facilities as defined in s.
291.01 (8), Stats., and regulated under
chs. NR 660 to
679; metallic mining operations for nonferrous minerals as defined in s.
293.01 (9), Stats., and regulated under
ch. NR 182; and metallic mining operations for ferrous minerals as defined in s.
295.41 (26), Stats., including mining wastes and mining waste sites as defined in s.
295.41 (30) and
(31), Stats., and regulated under subch.
III of ch. 295, Stats.
NR 518.02(2)
(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s.
281.41, Stats., or permitted under
ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s.
281.41, Stats., or permitted under
ch. 283, Stats., except for facilities used for the disposal of solid waste.
NR 518.02 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1994, No. 461, am. (1),
Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats;
CR 13-057: am. (1)
Register July 2015 No. 715, eff. 8-1-15.
NR 518.03
NR 518.03 Definitions. The terms used in this chapter are defined in
s. NR 500.03.
NR 518.03 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-6-88.
NR 518.04
NR 518.04 Exemptions. No person may operate or maintain a solid waste landspreading facility unless the person has obtained written approval from the department under
s. NR 518.06, except as otherwise provided in this section.
NR 518.04(1)
(1) General. The following landspreading facilities are exempt from the requirements of this chapter provided the solid waste or solid waste derived product is utilized as a soil conditioner or fertilizer in accordance with accepted agricultural practices and the facility is operated and maintained in a safe, nuisance-free manner:
NR 518.04(1)(a)
(a) Facilities used for the landspreading of nonhazardous solid waste from a single family or household, a member of which is the owner, occupant or lessee of the property used for solid waste disposal.
NR 518.04(1)(b)
(b) Farms on which only nonhazardous agricultural solid wastes resulting from the operation of a farm, including farm animal manure, are disposed of.
NR 518.04(1)(c)
(c) Facilities receiving only sludge from a publicly-owned treatment work or a privately-owned domestic sewage treatment work having a permit under
ch. 283, Stats., providing the sludge disposal is accomplished in accordance with the requirements of the permit.
NR 518.04(1)(d)
(d) Facilities used exclusively for the disposal of waste regulated under s.
281.48, Stats.
NR 518.04(1)(e)
(e) Facilities used for the disposal of treated liquid municipal or industrial wastewater approved under s.
281.41, Stats., or permitted under
ch. 283, Stats.
NR 518.04(1)(g)
(g) Facilities used for the landspreading of vegetable waste from canned, frozen or preserved fruit and vegetable processing operations.
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.
