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)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(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)(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)(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(5)(d)1.1. Table 4 lists the maximum annual pollutant loading rates for sites where bagged sludge that is not high quality is land applied. If bagged sludge does not meet all of the pollutant concentrations in Table 3, the pollutant loading requirements in Table 4 apply to all land application sites utilized, including lawns and home gardens. To ensure that the annual pollutant loading rates in Table 4 are not exceeded, the amount of sludge applied annually shall be less than the annual sludge application rate calculated as follows:

NR 204.07(5)(d)2.2. When distributing bagged sludge that is subject to the Table 4 loading rates, the permittee shall provide an information sheet to each person receiving the bagged sludge or shall print instructions on the bag or container or label. The label instructions or information sheet shall contain the following information, at a minimum: