NR 204.09NR 204.09 Alternative uses of sludge. Alternative uses of sludge such as land application on sod farms, nurseries, Christmas tree plantations, mined land reclamation sites, restoration of construction sites or other drastically disturbed sites, research plots, highway right-of-ways and medians, fallow lands, set-aside lands as covered by the Acreage Conservation Reserve (ACR) program, final cover at landfills and use in building materials may not be conducted unless department approval is obtained. Sludge used to generate energy may be approved on a case-by-case basis. Department approval will consider factors such as the nature of the alternative use proposed, sludge quality, number of applications that are proposed, loading of pollutants to the land, air and water, and the proximity to waters of the state. Proposals for alternative uses of sludge may include the land application site evaluation information as required by s. NR 204.06 (6) and shall include any additional information that would allow the department to make a determination that the proposed use is beneficial and will not result in detrimental effects to the environment, public health or wildlife.

NR 204.10NR 204.10 Storage facilities.

NR 204.10(1)(a)(a) No person may construct or use any sludge storage facility without obtaining department approval. All facilities shall be designed and operated in accordance with the appropriate requirements in ch. NR 110 and this chapter.

NR 204.10(1)(b)(b) All municipal mechanical treatment plants shall have the ability to store sludge for 180 days. Storage shall be available by October 1, 1998 for facilities with a design flow of 1 million gallons per day or greater and by October 1, 2000 for facilities with a design flow of less than 1 million gallons per day. This storage requirement only applies to facilities which recycle sludge through land application or site reclamation projects. Wastewater treatment lagoons are also exempt from this requirement. An agreement with an approved municipal solid waste landfill, an incinerator, another permittee or other approved facility during winter months may be construed as acceptable storage, although a minimum of 15 days storage capacity shall be provided for emergency situations. Written documentation of an agreement shall be submitted to the department as evidence of compliance with this requirement. If a permittee does not currently have adequate storage, the permittee shall develop with the department a compliance schedule to obtain adequate sludge storage.

NR 204.10(2)(2) Other storage facilities. The department may determine leasing to be an acceptable alternative to construction if the lease is for a minimum of 5 years with an option for another 5 years when the WPDES permit is reissued. If leasing is a temporary solution while a permittee is constructing long-term storage or developing an alternative long-term solution, the contract may be for less than 5 years. Sludge may be stored individually or in combination with other waste at sites such as, but not limited to, manure storage facilities and septage storage lagoons following the review and approval of the design and acceptance by the department of an operations report that shall demonstrate compliance with this chapter. This report shall contain at the minimum:

NR 204.10(2)(f)(f) Sampling and analysis results of the combined wastes for nutrients and any other applicable parameters which demonstrate compliance with this chapter. Testing shall be conducted in accordance with requirements in the WPDES permit and this chapter.

NR 204.11NR 204.11 Sludge management plan.

NR 204.11(1)(1) General. The department may require the permittee to develop a sludge management plan, submit the plan to the department for approval and operate in compliance with the approved plan. The plan shall include a description of the facility’s sludge management program and how the permittee plans to operate the facility in compliance with the requirements of this chapter.

NR 204.11(2)(2) Imported sludge. Any person who is responsible for importing bulk exceptional quality sludge into this state shall submit a sludge management plan to the department. Bulk exceptional quality sludge may not be imported until the department has approved the sludge management plan.