NR 518.04(6)(a)(a) Facilities used for the landspreading of wood ash from the combustion of untreated wood with no additives, preservatives or other alterations other than kiln drying are exempt from the requirements of this chapter provided that storage, handling, transportation and landspreading follow best management practices to minimize uncontrolled dispersion by wind and water and provided that the following requirements are met by those responsible for landspreading activities or the wood ash operator: NR 518.04 NoteNote: The term “facilities” used in this subsection means the land upon which wood ash is applied. Section NR 500.08 (5) (b) 1. exempts wood ash storage, handling, transportation and landspreading activities for small quantity wood ash generators. Section NR 500.08 (5) (b) 2. exempts wood ash storage, handling and transportation activities when wood ash is managed in accordance with this subsection. NR 518.04(6)(a)1.1. An initial bulk chemical analysis shall be performed on a representative sample of wood ash to determine the composition and neutralizing index. Testing shall be performed by the generator or generator’s designee in accordance with a department approved testing procedure. The department may limit landspreading based on the level of contaminants found in this testing procedure. NR 518.04(6)(a)2.2. Landspreading shall be for the purpose of beneficially using the wood ash for soil pH adjustment or nutrient addition using accepted agricultural practices. NR 518.04(6)(a)3.3. Maximum one time application rates shall be limited to 15 dry tons per acre and a total cumulative application limited to 50 dry tons per acre. NR 518.04 NoteNote: The department recommends the wood ash application rate be adjusted to target soil pH to promote crop yields.
NR 518.04(6)(a)4.4. Wood ash which is top dressed may not be landspread in the following areas: NR 518.04(6)(a)4.a.a. Within 100 feet of navigable bodies of water, such as streams or ponds, a wetland or a floodplain. NR 518.04(6)(a)4.b.b. Within 1,000 feet of public water supply wells or 200 feet of private water supply wells. NR 518.04(6)(a)4.c.c. Within 200 feet of residences unless written consent is obtained from the residents. NR 518.04(6)(a)4.e.e. Within 25 feet of intermittent streams, drainage ways, road ditches, surface tile inlets or other areas which concentrate runoff. NR 518.04(6)(a)4.f.f. On any fields with slopes greater than 6% unless the land is in a soil conservation management plan. For land in a soil conservation management plan, wood ash may not be spread on fields with slopes greater than 12%. NR 518.04(6)(a)5.5. Records shall be maintained for a period of 5 years by the wood ash generator of the quantities produced, the name and address of the person to whom the ash was distributed and the results of the initial bulk analysis and the results of other routine testing, if applicable. The wood ash generator or generator’s designee shall inform those responsible for landspreading of the requirements of subds. 3. and 4. Those responsible for landspreading wood ash shall keep records of the location and amount of wood ash applied. NR 518.04(6)(b)(b) Facilities used for the landspreading of ash derived from the combustion of wood containing additives such as waxes used as marking crayons, end coatings or adhesives used for fingerjointing, edgegluing or face laminating are exempt from the requirements of this chapter provided that the requirements of this paragraph are met and all additives are identified using material safety data sheets. Prior to commencing landspreading under this paragraph, a report shall be provided by the generator or generator’s designee to the department regional office with an initial request including a description of wood fuels and material safety data sheets for additives and an initial characterization of the ash. Upon approval of the department or if the department does not respond within 60 days after receipt of the report, facilities used for landspreading under this paragraph are exempt from the requirements of this chapter provided the generator or those responsible for landspreading activities meet the requirements in par. (a) and the following: NR 518.04(6)(b)1.1. Bulk chemical analysis shall be performed annually from a monthly composited sample of wood ash to determine the composition and neutralizing index. Testing shall be performed by the generator or generator’s designee in accordance with a department approved testing procedure. The department may limit landspreading based on the level of contaminants found in this testing procedure. NR 518.04(6)(b)2.2. An annual report shall be submitted by the wood ash generator or generator’s designee to the department regional office including the estimated volume of wood ash produced annually and the total quantity landspread. NR 518.04(6)(c)(c) Facilities used for the landspreading of ash derived from the combustion of fuels other than those described in par. (a) or (b) are not exempt under this subsection. NR 518.04(6m)(6m) Contaminated soil. Facilities used for single-application landspreading of soils contaminated solely with light petroleum products, agricultural chemicals regulated by the department of agriculture, trade and consumer protection under s. 94.73, Stats., alone or in combination with each other, are exempt from the requirements of this chapter if the facility is approved under, and is operated and closed in compliance with, s. NR 718.09 (8). NR 518.04(7)(7) Other wastes. Facilities for the landspreading of other wastes such as fish or the remains of butchered animals may be exempted from the requirements of this chapter provided that the department approves the proposal in writing, the facility is operated and maintained in a safe, nuisance-free manner and the following requirements are met: NR 518.04(7)(b)(b) The material is determined by the department to have value as a soil conditioner or fertilizer, NR 518.04(7)(c)(c) A brief discussion is included which identifies the facility location, proposed application rates, the proposed method for incorporating the material and the length of time each facility will be used, and NR 518.04(7)(d)(d) The material is applied in accordance with accepted agricultural practices and any department issued approval. NR 518.04 HistoryHistory: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (intro.), (1) (intro.), (a), (f), (g), (3) (intro.), (4) (intro.), (c) and (5) (intro.), renum. (1) (h) to be (1) (i), (6) to be (7) and am., cr. (1) (h), (j), (k), (6), Register, June, 1996, No. 486, eff. 7-1-96; cr. (6m), Register, November, 1998, No. 515, eff. 12-1-98; CR 10-128: am. (1) (intro.), (b), (i) Register May 2012, eff. 6-1-12. NR 518.05NR 518.05 Location and performance standards. NR 518.05(1)(1) General. An applicant submitting a landspreading plan shall demonstrate to the department that the proposed facility will comply with all of the location and performance standards of this section unless an exemption is granted. NR 518.05(2)(2) Exemptions. Exemptions from compliance with subs. (3) (a) to (d) and (4) (a), (b), (e) and (f) may be granted only upon demonstration by the applicant of circumstances which warrant such an exemption. Exemptions from compliance with sub. (4) (c) will not be granted. Exemptions from compliance with sub. (4) (d) may be granted only according to the procedures set forth in ch. NR 140.