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.
NR 204.07(3)(n)6.6. Application of radium-226 sludge shall be terminated when the calculated site loading reaches 1640 microcuries per acre. To continue site use, the permittee shall sample soils according to a plan approved by department, and show that soil radium-226 activity is below 2 pCi/g in the top foot of soil.
NR 204.07 NoteNote: 1 microcurie = 10-6 curies, 1 picocurie = 10-12 curies
NR 204.07(3)(n)7.7. If plant tissue sampling for radium-226 is required by the department in the permit, it shall be done in accordance with a department approved method. The number of plant tissue samples obtained shall be identical to the number of subsamples needed to constitute a composite soil sample and shall yield a wet weight of approximately 4 pounds. The entire above ground plant shall be obtained as near as possible to the soil subsample site. Plant samples shall then be segregated between the above ground tissue, such as stems, stalks, petioles or leaves, and the “edible” portion, such as fruit, grain or seed.
NR 204.07(3)(o)(o) Table B site restrictions apply to all sludges that are applied to land in bulk unless prior department approval has been received. The distances stated in Table B are minimums. Table C applies to all bulk sludge designated as Class B with respect to pathogens that is applied to land. The intervals of time listed in Table C refer to the time period between the sludge application and harvesting. The permittee or land applier shall supply the farmer with the information in Table C, in a timely manner, to ensure compliance with these requirements.
NR 204.07(4)(4)Sludge quality (standards and processes).
NR 204.07(4)(a)(a) In addition to other requirements in this chapter, there are 3 categories of requirements of sludge quality which must be satisfied before the sludge may be applied to land. The categories are listed in subs. (5), (6) and (7). They are metal concentrations, pathogen densities and treatment processes, and vector attraction reduction. Each category is divided into 2 levels which determine a higher or lower quality of sludge. They are: for metals—pollutant concentrations and ceiling concentrations, specified in sub. (5); for pathogens—class A and class B, specified in sub. (6); and for vector attraction reduction—treatment processes and physical barriers, specified in sub. (7). A sludge shall meet the minimum, or lower quality, requirements for each category in order to be land applied. When a sludge meets the higher quality level in all 3 categories, it is considered exceptional quality sludge. When a sludge meets the higher level in the metals category it is considered high quality and exempt from tracking cumulative metal loadings to the application sites.
NR 204.07(4)(b)(b) When a sludge is exceptional quality or when it is bagged and satisfies the requirements in sub. (5) (c) or (d), it may be used on lawns or home gardens. Sludge not meeting those requirements may not be used on lawns or home gardens.
NR 204.07(4)(c)(c) Sludge that will be sold or given away in a bag shall, at a minimum, satisfy the class A pathogen requirements in sub. (6) (a), one of the vector attraction reduction process requirements in sub. (7) (a) to (i) and either the high quality pollutant concentration limits in Table 3 or the ceiling concentration limits in Table 1. Bagged sludge that does not meet the high quality limits in Table 3 is subject to the requirements in sub. (5) (d).
NR 204.07(5)(5)Metal concentrations.
NR 204.07(5)(a)(a) Table 1 lists the ceiling concentrations of metal pollutants for sludge that is land applied. Sludge may not be applied to land if the concentration of pollutants in the sludge exceeds any of the ceiling concentration limits established in Table 1. Options available if a ceiling concentration in sludge is exceeded include: retesting, mixing with another sludge or other material and demonstration of compliance with Table 1, landfilling or incinerating.
NR 204.07(5)(b)(b) Table 2 lists the cumulative metal pollutant loading limits for sites on which bulk sludge is applied. If bulk sludge is applied to land and the sludge does not meet the pollutant concentration limits in Table 3, then the limits in Table 2 shall apply to all land application sites. Bulk sludge that does not meet the Table 3 concentration limits may not be applied to sites where the cumulative pollutant loading limits in Table 2 have been reached. When bulk sludge that does not meet Table 3 limits is applied to land, the permittee shall monitor and retain cumulative pollutant loadings records to each site, and shall notify the department, in their annual report, when any site reaches 90% of the allowable cumulative loading for any metal established in Table 2.
NR 204.07(5)(c)(c) Sludge shall meet all the pollutant concentration limits established in Table 3, to be considered high quality. High quality sludge is exempt from the cumulative loading limits specified in par. (b).
NR 204.07 NoteNote: The department strongly encourages permittees to produce sludge which meets the high quality pollutant concentration limits set in Table 3.