Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 204 - Domestic sewage sludge management › Section NR 204.07 - Land application of sludge

Current through June 24, 2024
(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.
(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.
(3) OPERATIONAL AND SITE
				OR FIELD REQUIREMENTS.
(a) Bulk sludge may
				not be applied to the land if it is likely to adversely affect a threatened or
				endangered species or its designated critical habitat, or a designated
				historical site.
(b) Bulk sludge
				may only be applied to sites that meet the requirements in Table B. Other
				sites, as specified in s.
				NR
				204.09, may be approved by the department in writing
				on a case-by-case basis.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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:
1. Sites or fields used shall have slopes
				less than or equal to 2%.
2. An
				application rate of less than 10,000 gal/acre.
3. Application is not allowed within 750 feet
				of any surface water, wetland or floodplain.
(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 picocuries 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:
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.
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.
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.
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.
5. Sludge
				containing radium-226 may not be applied to fields used for the production of
				tobacco.
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.
Note: 1 microcurie = 10-6 curies, 1 picocurie = 10-12
				  curies
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.
(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.
Table B
Sludge Applied to the Land in Bulk
Site Criteria
Surface
Incorporation
Injection
Depth to bedrock
3 ft.
3 ft.
3 ft.
Depth to high groundwater
3 ft.
3 ft.
3 ft.
Allowable slopes
0-6%
0-12%
0-12%
Distance to wells
-Community water supply or school
1000 ft.
1000 ft.
1000 ft.
-Other*
250 ft.
250 ft.*
250 ft.*
Minimum distance to residence, business or
								recreation area
500 ft.
200 ft.
200 ft.
Minimum distance to residence or business
								w/permission
250 ft.
100 ft.
100 ft.
Distance to rural schools and health care
								facilities
1000 ft.
1000 ft.
500 ft.
Distance to property line
50 ft.**
25 ft.**
25 ft.**
Minimum distance to streams, lakes, ponds, wetlands or
				  channelized waterways connected to a stream, lake, pond or wetland.
-Slope 0 to < 6
200 ft.
150 ft.
100 ft.
-Slope 6 to <12
Not allowed
200 ft.
150 ft.
Minimum distance to grass waterways, or dry run with a 50
				  foot range grass strip. ***
-Slope 0 to <6
100 ft.
50 ft.
25 ft.
-Slope 6 to <12
Not allowed
100 ft.
50 ft.
Soil permeability range (in/hr)
0.2-6.0
0-6.0
0-6.0
* Separation distances to non-potable wells used for
				  irrigation or monitoring may be reduced to 50 ft. if the sludge is incorporated
				  or injected and the department does not determine that a greater distance to
				  the wells is required to protect the groundwater.
** The distances to property lines may be reduced with the
				  written permission of both property owners.
*** Separation distances not required if grass waterway or
				  dry run with grass strip is contained within a site or field for the purpose of
				  erosion control.