Current through August 26, 2024
No person may operate or maintain a solid waste landspreading
facility unless the person has obtained written approval from the department
under s.
NR 518.06, except as otherwise provided in this
section.
(1) General. The following
landspreading facilities are exempt from the requirements of this chapter
provided the solid waste or solid waste derived product is utilized as a soil
conditioner or fertilizer in accordance with accepted agricultural practices
and the facility is operated and maintained in a safe, nuisance-free manner:
(a) Facilities used for the landspreading of
nonhazardous solid waste from a single family or household, a member of which
is the owner, occupant or lessee of the property used for solid waste
disposal.
(b) Farms on which only
nonhazardous agricultural solid wastes resulting from the operation of a farm,
including farm animal manure, are disposed of.
(c) Facilities receiving only sludge from a
publicly-owned treatment work or a privately-owned domestic sewage treatment
work having a permit under ch. 283, Stats., providing the sludge disposal is
accomplished in accordance with the requirements of the permit.
(d) Facilities used exclusively for the
disposal of waste regulated under s.
281.48,
Stats.
(e) Facilities used for the
disposal of treated liquid municipal or industrial wastewater approved under s.
281.41, Stats.,
or permitted under ch. 283, Stats.
(f) Facilities used for the landspreading of
whey.
(g) Facilities used for the
landspreading of vegetable waste from canned, frozen or preserved fruit and
vegetable processing operations.
(h) Facilities used for the landspreading of
yard waste.
(i) Facilities used for
the landspreading of composted source-separated compostable material.
(j) Facilities used for the landspreading of
lime sludges from papermills which were being landspread prior to July 1,
1996.
(k) Facilities used for the
disposal of soil contaminated only with agricultural chemicals regulated by the
department of agriculture, trade and consumer protection under s.
94.73,
Stats.
(2) Research
projects. Facilities used solely for research purposes under the direction of a
registered professional engineer in the state of Wisconsin or a scientist
employed by a university located within this state are exempt from the plan
submittal requirements of this chapter if the applicant provides to the
department information sufficient to show that the project meets the following
requirements:
(a) The net plot area,
excluding plot borders and buffer strips, may not exceed 4 acres,
(b) The available nitrogen and heavy metal
additions averaged over the total plot area may not exceed the rates specified
by the department in ch. NR 204 for municipal sewage sludges or those
identified in the literature as being toxic to specific plants or plant
groups,
(c) The facility shall be
developed, operated, monitored and maintained in a safe, nuisance-free manner,
and
(d) Copies of the research
proposal shall be provided to the department in advance of initiating the
research. Written approval from the department is not required prior to
initiation of the project. However, the research proposal should discuss the
project objectives, methods for demonstrating beneficial characteristics and
methods for evaluating project performance. If the department finds, after
review of this material, that the proposal would not provide the information
necessary to make a determination, a response will be issued which contains
recommendations on how the study should be amended. All reports and research
publications pertaining to the facility shall be provided to the department.
The final report shall, at a minimum, summarize the project performance, any
limitations and areas of further study.
(3) Lime sludge. Facilities used for the
landspreading of lime sludges from papermills or water supply treatment
facilities are exempt from the requirements of this chapter provided that the
proposal is reviewed and approved by the department and the material meets the
following requirements. This subsection does not apply to lime sludges from
papermills which were being land-spread prior to July 1, 1996.
(a) Analyzed in accordance with s.
NR 518.06(1),
(b) Determined by the department to have
value as a soil conditioner or fertilizer, and
(c) Applied in accordance with accepted
agricultural practices and any department issued approval.
Note: Lime sludges from papermills which were
being landspread prior to July 1, 1996, are exempt under sub. (1) (j).
(4) Industrial sludges.
Facilities used exclusively for the landspreading of nonhazardous industrial
sludges are exempt from the requirements of this chapter provided that the
material is:
(a) Analyzed in accordance with
s.
NR 518.06(1),
(b) Determined by the department to have
value as a soil conditioner or fertilizer. The department may on a case-by-case
basis require greenhouse or experimental field studies and may consider federal
regulations, technical guidelines and other related research in determining
whether a sludge has value as a soil conditioner or fertilizer,
(c) Generated at an industrial wastewater
treatment facility and the landspreading facility has been approved or
permitted under ch. NR 214, and
(d)
Not repeatedly applied such that excessive accumulation of hazardous substances
occur in soil or vegetation, or cause a detrimental effect on surface water
quality or cause a detrimental effect on groundwater quality or cause or
exacerbate an attainment or exceedance of any preventive action limit or
enforcement standard at a point of standards application as defined in ch. NR
140.
(5) Coal ash.
Facilities used for the landspreading of coal ash or ash produced by burning
coal with other fuels are exempt from the requirements of this chapter provided
that the proposal is reviewed and approved by the department and the material
is:
(a) Analyzed in accordance with s.
NR 518.06(1),
(b) Determined by the department to have
value as a soil conditioner or fertilizer,
(c) Applied in accordance with accepted
agricultural practices and any department issued approval. As part of this
approval, the department may require additional testing, monitoring, reporting
or other information as appropriate, and
(d) Not repeatedly applied such that
excessive accumulation of hazardous substances occur in soil or vegetation, or
cause a detrimental effect on surface water quality or cause a detrimental
effect on groundwater quality or cause or exacerbate an attainment or
exceedance of any preventive action limit or enforcement standard at a point of
standards application as defined in ch. NR 140.
(6) Wood ash.
(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:
Note: 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.
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.
2. Landspreading shall be for the purpose of
beneficially using the wood ash for soil pH adjustment or nutrient addition
using accepted agricultural practices.
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.
Note: The department recommends the wood ash
application rate be adjusted to target soil pH to promote crop yields.
4. Wood ash which is top dressed
may not be landspread in the following areas:
a. Within 100 feet of navigable bodies of
water, such as streams or ponds, a wetland or a floodplain.
b. Within 1,000 feet of public water supply
wells or 200 feet of private water supply wells.
c. Within 200 feet of residences unless
written consent is obtained from the residents.
d. Within 25 feet of public roads.
e. Within 25 feet of intermittent streams,
drainage ways, road ditches, surface tile inlets or other areas which
concentrate runoff.
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%.
g. On frozen ground.
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.
(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 finger-jointing, 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:
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 land-spreading based on the level of
contaminants found in this testing procedure.
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.
(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.
(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).
(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:
(a) The material is analyzed in
accordance with s.
NR 518.06(1),
(b) The material is determined by the
department to have value as a soil conditioner or fertilizer,
(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
(d) The material is
applied in accordance with accepted agricultural practices and any department
issued approval.
