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 204.07(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)(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)(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).