Chapter NR 204

NR 204.06(2)(d) (d) The following procedures shall be used unless otherwise specified in the permit:

NR 204.06(2)(d)1. 1. The sludge sample shall be collected at the point and in a manner which will yield sample results which are representative of the sludge being tested.

NR 204.06(2)(d)2. 2. The methods of analysis for substances contained in sludge shall be those established in ch. NR 219.

NR 204.06(2)(d)3. 3. The permittee shall submit actual lab reports along with the sludge characteristics report, and shall supply all information necessary for the department to evaluate the quality assurance and quality control procedures.

NR 204.06(3) (3) Landfilling reports. The permittee shall report the volume of sludge disposed of at any landfill facility. The report shall include the name and address of the landfill, the department license number or other state’s designation or license number for all landfills used during the report period and a letter of acceptability from the landfill owner. In addition, any permittee utilizing landfills as a disposal method shall submit to the department any test results used to indicate acceptability of the sludge at a landfill.

NR 204.06(4) (4) Bagged sludge and exceptional quality sludge reports. The permittee shall report the quantity of sludge sold or given away in a bag or other container by the permittee to either commercial or domestic users both in- state and out-of-state. A copy of the label or information sheet used in the sale or distribution of non-exceptional quality bagged sludge shall be included in the report. The permittee shall also report the quantity of exceptional quality sludge which is either given away or sold.

NR 204.06(5) (5) Incineration reports. The permittee shall report the volume of sludge disposed of at any incinerator. The report shall include the name and address of the incinerator, and the department’s license or permit number for the incinerator or other state’s designation or license number for all incinerators used during the report period and a letter of acceptance from the incinerator owner.

NR 204.06(6) (6) Land application site evaluation information report. The permittee shall submit sufficient information to allow the department to properly evaluate each land application site. This report shall be submitted whenever site approval is requested. Permittees may request permission from the department to review and approve their own land application sites. The request shall be made in writing and shall include information demonstrating that the permittee, or their agent, has competence in evaluating the necessary soil and site criteria. The department may, after review of the written submittal, give the permittee permission to review and approve land application sites. In these cases, all necessary forms shall be submitted to the department prior to the permittee using the land application site. Credentials for demonstration of competence to review sites shall include: the possession of a certified soil tester classification (CSTM or CSTS) from the department of industry, labor and human relations, a bachelor of science degree in soil science from a 4 year accredited college, or a certified professional soil scientist in good standing with the American society of agronomy. If a request is granted by the department, the request and approval shall be included in the land application site evaluation report. Land application site evaluation reports shall include:

NR 204.06(6)(a) (a) The location of the site delineated on a soils map and plat map or USGS topographic map or aerial photo.

NR 204.06 Note Note: Plat maps are subject to copyright laws.

NR 204.06(6)(b) (b) The ownership of the site and a copy or description of any contracts or agreements covering the land application of sludge and other waste products at the land application site.

NR 204.06(6)(c) (c) The results of analysis of representative soil samples taken from each site or field used for land application. Soil sampling and submittal of information to the testing laboratory shall be done in accordance with the University of Wisconsin-extension bulletin A-2100, dated April 1991, or soil sampling guidance approved by the department. UW-extension bulletin A-2100 contains a soil information sheet that shall be filled out and submitted with the soil sample to form the basis of the nutrient recommendations. UW-extension bulletin A-2100 is incorporated by reference for this chapter and hereinafter referred to as the soil information sheet. The samples shall be analyzed by a department approved testing laboratory using methods of analysis and nutrient recommendations for the intended crops to be grown that are consistent with University of Wisconsin recommendations. Parameters analyzed shall include soil pH, organic matter, total phosphorus, exchangeable potassium and any other parameters deemed necessary by the department. The soil test results shall include identification of soil type and fertilizer recommendations for the crops to be grown. Application rates shall be based on the recommendations provided by this soil analysis and the soil information sheet. A site or field may not be used for land application of sludge unless the soil on the site or field has been tested at least once in the 4 years prior to land application.

NR 204.06 Note Note: Copies of the University of Wisconsin extension bulletin A-2100 are available for inspection in the offices of the department of natural resources, secretary of state, and legislative reference bureau, Madison, Wisconsin, or may be purchased from the UW Soil and Plant Analysis Lab, 5711 Mineral Point Rd., Madison, WI 53705 or the Soil and Forage Analysis Lab, 8396 Yellowstone Dr., Marshfield, WI 54449.

NR 204.06(6)(d) (d) If sludge is intended to be applied to the site at a rate which would supply more than 30% of the nitrogen needs of the crop or vegetative cover to be grown, the permittee shall address the other sources of nitrogen through one of the following options:

NR 204.06(6)(d)1. 1. In years when a soil sample is being taken, the soil information sheet shall address the other nitrogen sources so that the information is reflected in the resultant soil analysis report. If the soils information sheet is used to account for other sources of nitrogen and other sources of nitrogen are not accurately reflected in the soils analysis report, the department may require the submission of the actual soils information sheet along with the soils analysis report.

NR 204.06(6)(d)2. 2. Provide documentation that the site or field is managed under an approved nutrient management plan.

NR 204.06(6)(d)3. 3. Account for all other sources of nitrogen applied to the site or field for the crop year.

NR 204.06(6)(e) (e) The present use of the site or field and abutting properties.

NR 204.06(6)(f) (f) The limiting separation distances listed in Table B shall be indicated on submitted maps. Should the department have reason to believe that the soil survey maps are not of sufficient accuracy to demonstrate compliance with the requirements listed in Table B, the department may require that on-site testing be conducted to verify site conditions. These tests shall be conducted by an individual meeting the credentials specified in this subsection.

NR 204.06(6)(g) (g) Total acreage of the site or field available for sludge application.

NR 204.06(6)(h) (h) Crops to be grown or the dominant vegetation on the landspreading site or field.

NR 204.06(7) (7) Bulk sludge land application records report. The permittee shall submit the following information for each site or field utilized during the reporting period:

NR 204.06(7)(a) (a) The number of acres on which sludge was applied.

NR 204.06(7)(b) (b) The total amount of sludge applied per acre reported in gallons, cubic yards or tons. The type of sludge, either cake or liquid, shall be specified.

NR 204.06(7)(c) (c) The amount of available nitrogen applied in pounds per acre on a dry weight basis. This would include nitrogen applied from sludge, manure, other waste, and commercial fertilizer. This information on nitrogen is not required if any of the following apply:

NR 204.06(7)(c)1. 1. Other sources of nitrogen are addressed on the soils information sheet, or an alternative agronomic rate calculation sheet approved by the department.

NR 204.06(7)(c)2. 2. The site or field is covered by an approved nutrient management plan.

NR 204.06(7)(c)3. 3. The amount of nitrogen applied provides less than 30% of that required by the crop intended to be grown.

NR 204.06(7)(d) (d) The amount of each of the parameters listed in Table 1 of s. NR 204.07 (5) (a) applied on an annual basis and the cumulative metal loadings to the site.

NR 204.06(7)(e) (e) The result of any groundwater, surface water and plant tissue monitoring programs which may be required by the department.

NR 204.06(7)(f) (f) The total amount of sludge landspread on all sites used during the calendar year.

NR 204.06(7)(g) (g) The total amount of sludge produced during the calendar year.

NR 204.06(8) (8) Notification reports.

NR 204.06(8)(a) (a) In the event a generator of bulk sludge provides the bulk sludge to another person to land apply, the generator shall provide the applier with notice and necessary information, prior to application, to comply with the requirements of this chapter.

NR 204.06(8)(b) (b) In the event a generator of sludge gives the sludge to another person for further treatment or storage, the generator shall give the person receiving the sludge all information needed to comply with the requirements of this chapter.

NR 204.06(8)(c) (c) The person who generates bulk sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk sludge, prior to application, written notification of the concentration of total nitrogen, expressed as N on a dry weight basis in the sludge.

NR 204.06(8)(d) (d) The producer or distributor of sludge distributed out-of-state shall notify the permitting authority of the receiving state of its intent to do so. This notification shall be given prior to the initial application of bulk sludge to the land application site by the applier. This allows sufficient time so that the permitting authority has the opportunity to determine whether a permit application or other appropriate oversight is needed. This notification shall be in writing and include the name, address, telephone number and permit number of the sludge supplier, and the specific location of the site, the approximate time the land application will occur and the name, address, telephone number and permit number, if appropriate, of the applier.

NR 204.06(8)(e) (e) The land applier of sludge shall obtain all information necessary to comply with the land application requirements of this chapter, apply sludge to the land in accordance with those requirements, and provide notice and necessary information to the owner or leaseholder of the land on which the sludge is applied.

NR 204.06(9) (9) Certification of sludge quality records. All certification statements should follow the format in par. (e).

NR 204.06(9)(a) (a) For exceptional quality sludge distributed in bulk or bag, the permittee shall develop and retain the following records for a minimum of 5 years:

NR 204.06(9)(a)1. 1. Documentation that each of the pollutant concentrations specified in Table 3 in s. NR 204.07 (5) (c) have not been exceeded.

NR 204.06(9)(a)2. 2. Documentation that the class A pathogen requirements as prescribed in s. NR 204.07 (6) (a) and a pre-land application process to reduce vector attraction as prescribed in s. NR 204.07 (7) (a) to (i) have been met, and a description of how each was met.

NR 204.06(9)(a)3. 3. A certification statement regarding the Class A pathogen requirements in s. NR 204.07 (6) (a) and one of the vector attraction reduction requirements in s. NR 204.07 (7) (a) to (i).

NR 204.06(9)(b) (b) For bulk sludge applied to land which does not meet the exceptional quality sludge criteria, the permittee shall develop and maintain the following records indefinitely:

NR 204.06(9)(b)1. 1. Location of the sites used for application.

NR 204.06(9)(b)2. 2. Number of acres used for sludge application.

NR 204.06(9)(b)3. 3. Date on which the sludge was applied.

NR 204.06(9)(b)4. 4. Documentation that the concentrations of each pollutant listed in Table 1 of s. NR 204.07 (5) (a) have not been exceeded.

NR 204.06(9)(b)5. 5. The amount of each pollutant listed in Table 1 of s. NR 204.07 (5) (a) that was applied. This requirement does not apply if the sludge is high quality as specified in s. NR 204.07 (5) (c).

NR 204.06(9)(b)6. 6. Documentation that the pathogen requirements specified in s. NR 204.07 (6) and the vector attraction reduction requirements specified in s. NR 204.07 (7) have been met and a description of how each was met.

NR 204.06(9)(b)7. 7. The amount of the sludge and the characteristics of the sludge, other than those listed in subd. 5., that was applied to the site.

NR 204.06(9)(b)8. 8. Certification statements regarding pathogen control, vector attraction reduction, and management practices.

NR 204.06(9)(b)9. 9. Documentation as to whether the cumulative loading rate for any parameter at each site has reached 90% of the cumulative lifetime loading listed in Table 2, unless the sludge is high quality as specified in s. NR 204.07 (5) (c).

NR 204.06(9)(b)10. 10. Time of sludge application if injection or incorporation are the options used for satisfaction of the vector attraction reduction requirement.

NR 204.06(9)(c) (c) For sludge that is sold or given away in bag or other container and does not met the pollutant concentrations in Table 3 of s. NR 204.07 (5) (c), the permittee shall develop and retain the following records for a minimum of 5 years:

NR 204.06(9)(c)1. 1. Documentation that the pollutant ceiling concentrations in Table 1 of s. NR 204.07 (5) (a) have not been exceeded.

NR 204.06(9)(c)2. 2. Documentation that the requirements specified in s. NR 204.07 (5) (d) have been satisfied.

NR 204.06(9)(c)3. 3. Documentation that a class A pathogen requirement specified in s. NR 204.07 (6) (a) and a pre-land application process to reduce vector attraction specified in s. NR 204.07 (7) (a) to (i) have been met and a description of how each was met.

NR 204.06(9)(c)4. 4. A certification statement regarding the Class A pathogen requirements in s. NR 204.07 (6) (a), one of the vector attraction reduction requirements in s. NR 204.07 (7) (a) to (i) and the labeling requirements in s. NR 204.07 (5) (d) 2.

NR 204.06(9)(d) (d) The person who land applies sludge shall develop a certification statement verifying that the management and applicable operational requirements, and in general, all applicable parts of this chapter have been adhered to. The statement shall be retained for a minimum of 5 years.

NR 204.06(9)(e) (e) The permittee and land applier shall develop and retain, as required in this subsection, certification statements verifying the characteristics and quality of the sludge produced, adherence to applicable management practices, and in general, all applicable parts of this chapter. The statement shall be tailored, by each permittee and land applier, for each applicable requirement. The following is an example of an acceptable certification statement for pathogen control and vector attraction reduction:

“I certify under penalty of law, that the information verifying compliance with the [insert either Class A pathogen requirements in s. NR 204.07 (6) (a) or Class B pathogen requirements in s. NR 204.07 (6) (b)] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in s. NR 204.07 (7) (a) to (k)] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.”

NR 204.06 History History: Cr. Register, December, 1995, No. 480, eff. 1-1-96.

NR 204.07 NR 204.07 Land application of sludge.

NR 204.07(1) (1) General. No person may land apply sludge in a manner which does not comply with the requirements of a WPDES permit and this chapter.

NR 204.07(2) (2) Approved sites. The permittee shall obtain written or computer generated approval from the department for each site on which sludge is applied in bulk prior to land application, unless the permittee is authorized to inspect and approve their own sites under s. NR 204.06 (6). The department shall review and issue either approval, conditional approval or denial within 60 business days following receipt of the site’s complete application, unless weather conditions preclude adequate site evaluation. Each site shall be reviewed based on information contained in the report required by s. NR 204.06 (6). Failure to comply with the conditions of the site approval may result in the revocation of the approval and be considered a violation of the permit. Reapproval shall be contingent on submittal of an operations report for the site which shall specify how further violations will be avoided. When a permittee contracts with another party to land apply sludge and the land applier is not required to hold its own WPDES permit under s. NR 204.05, the permittee maintains responsibility, as well as the land applier, for compliance with the WPDES permit and this chapter. The permittee shall supply the land applier with all information necessary to ensure compliance. The land applier shall also make reasonable attempts to obtain all information needed to ensure compliance with this chapter.

NR 204.07(3) (3) Operational and site or field requirements.

NR 204.07(3)(a) (a) Bulk sludge may not be applied to the land if it is likely to adversely affect a threatened or endangered species or its designated critical habitat, or a designated historical site.

NR 204.07(3)(b) (b) Bulk sludge may only be applied to sites that meet the requirements in Table B. Other sites, as specified in s. NR 204.09, may be approved by the department in writing on a case-by-case basis.

NR 204.07(3)(c) (c) Bulk sludge may not be applied to soils with a high groundwater level or bedrock at a depth of less than 3 feet. Exceptions may be granted by the department on a case-by-case basis. Parameters which may be considered for exceptions include: demonstration that the soil has an available water holding capacity that is greater than 5 inches, above the high groundwater level or bedrock; whether the high groundwater is a seasonal condition; depth of saturation at the proposed time of application to determine whether a seasonal use approval may be granted and other relevant site specific conditions.

NR 204.07(3)(d) (d) Bulk sludge may not be applied on sites with soils which have a rapid permeability of greater than 6 inches per hour unless, through consideration of the sludge characteristics, loading rate, cropping practices and other soil characteristics, department approval is obtained.

NR 204.07(3)(e) (e) The pH of the soil shall be 5.5 or greater at the time the bulk sludge is applied, unless after consideration of the sludge quality, cropping practices and soil characteristics of the site, the department determines that the pH should be higher to protect the environment or public health.

NR 204.07(3)(f) (f) If the soil at a site or field is classified as highly erodible on the United States department of agriculture’s county by county soil conservation service soil survey, the department may impose additional management practices, such as soil conservation practices, to minimize erosion from the site.

NR 204.07(3)(g) (g) Class B sludge, as specified in sub. (6) (b), that is land applied to sites shall have restricted public access for a period of 30 days for low exposure sites such as a farm field, and one year for high exposure sites such as a city park, following sludge application. Access may be restricted by the location of the site on private property, fencing or posting the application site, or other department approved methods that minimize human contact with the sludge.

NR 204.07(3)(h) (h) Bulk sludge shall be applied in a manner to minimize soil compaction, to prevent surface runoff and to control objectionable odors. Sludge may not be applied on saturated soils, during significant rainfall events or in areas with ponded water or to areas which are subject to ponding.

NR 204.07(3)(i) (i) Bulk sludge land application vehicles or equipment shall be moving at all times while sludge is being applied to ensure uniform application. Uniform application shall be accomplished for surface application vehicles by the use of a splash plate, spreader bar, beaters, expellers or other department approved methods.

NR 204.07(3)(j) (j) Bulk sludge transporting vehicles and equipment may not leak sludge during use, transport, operation or storage. Vehicles utilized for the land application of liquid sludge shall have cab actuated discharge valves.

NR 204.07(3)(k) (k) Sludge which has a PCB concentration greater than 50 mg/kg (dry weight) may not be applied unless a management plan is approved by the U.S. EPA region V administrator pursuant to 40 CFR 761.60 (a) (5) (iii). Sludge with a PCB concentration greater than 10 mg/kg (dry weight) shall be injected or incorporated into the soil.

NR 204.07(3)(L) (L) Application of bulk sludge, by any person, on frozen or snow covered ground is prohibited unless it is demonstrated, to the satisfaction of the department, that there are no other reasonable disposal methods available and there is absolutely no likelihood that the sludge will enter the waters of the state, or except as provided in par. (m).

NR 204.07(3)(m) (m) Application of bulk sludge on frozen or snow covered soils may be approved by the department on a case-by-case basis until storage is available, as required in s. NR 204.10. Department approvals for application on frozen or snow covered soils shall require the following restrictions at a minimum:

NR 204.07(3)(m)1. 1. Sites or fields used shall have slopes less than or equal to 2%.

NR 204.07(3)(m)2. 2. An application rate of less than 10,000 gal/acre.

NR 204.07(3)(m)3. 3. Application is not allowed within 750 feet of any surface water, wetland or floodplain.

NR 204.07(3)(n) (n) When a WPDES permit requires testing for radium-226 and the sludge is subsequently found to contain radium-226, the land application of the sludge shall be terminated when the soil level of radium-226 equals or exceeds 2 pico curies per gram of soil on a dry weight basis in the top 12 inches of soil. In addition to other criteria in this section, the following conditions shall be adhered to when land applying sludge containing radium-226:

NR 204.07(3)(n)1. 1. The soil pH shall be at least 6.0 prior to the application of sludge containing radium-226. This pH shall be maintained during the period the site is used for the land application of sludge containing radium-226.

NR 204.07(3)(n)2. 2. The soil shall have at minimum a 6 inch layer with a clay content of at least 18% within the top 5 feet of the soil profile and be above the seasonal high groundwater level and bedrock. This determination shall be based primarily on the detailed county soil survey books.

NR 204.07(3)(n)3. 3. The soil shall have at minimum a 6 inch layer with an organic matter content of at least 12 tons/acre within the top 5 feet of soil and be above seasonal high groundwater or bedrock. This determination shall be based primarily on the on-site soil test.

NR 204.07(3)(n)4. 4. The department may on a case-by-case basis conditionally approve fields that do not meet all criteria established in subds. 1. to 3., where evaluation of sludge characteristics, soil features and management practices indicate no adverse impacts to the environment or public health would result.

NR 204.07(3)(n)5. 5. Sludge containing radium-226 may not be applied to fields used for the production of tobacco.