Current through August 26, 2024
No person may establish, construct, operate or maintain a
solid waste landspreading facility or expand an existing facility without first
obtaining written department approval of a solid waste landspreading plan as
provided in this section. Specific requirements of this section may be waived
by the department based on a review of the material characteristics.
(1) WASTE CHARACTERIZATION. The landspreading
plan shall include a detailed description and analysis of each waste type
proposed to be spread at a landspreading facility. Unless otherwise approved by
the department in writing, data on waste types shall include, at a minimum, the
following information:
(a) The sources,
processes or treatment systems from which the wastes originate including a list
of all chemicals added during these processes. Material safety data sheets or
other data sources providing information specific to these chemicals shall be
included.
(b) Waste pretreatment or
waste processing techniques utilized prior to landspreading.
(c) The volumes of solid waste to be spread,
stored or disposed.
(d) Physical
characteristics of the waste material including the solids fraction and the
organic fraction.
(e) Analysis of
the waste material for the following parameters. The limit of detection and the
limit of quantitation shall be reported with the sample results. If a substance
is detected below the limit of quantitation, the detected value with the
appropriate qualifier shall be reported.
1.
pH.
2. Nutrient content including
Kjeldahl-nitrogen, ammonia-nitrogen, nitrate and nitrate-nitrogen, phosphorous
and potassium.
3. Salt content
including chloride, fluoride and sulfate.
4. Biological populations including total
coliform, fecal coliform and any virus present in the waste material.
5. Metals content including aluminum, barium,
boron, calcium, copper, iron, manganese, magnesium, sodium, strontium and
zinc.
6. A bulk chemical analysis
for additional analytes may be required by the department based on the
information provided in pars.(a) to (d).
(f) Based on the information provided in
pars.(a) to (e), the department may require that the waste material, the
landspreading site soil and a mixture of waste material and soil be leach
tested for those parameters listed in subds.1. to 3. This analysis shall use
limits of detection which are at or below the preventive action limits
established in ch. NR 140. If no preventive action limit exists, the limits of
detection shall be the lowest level achievable using approved methods. The
limit of detection and the limit of quantitation shall be reported with the
sample results. If a substance is detected below the limit of quantitation, the
detected value with the appropriate qualifier shall be reported. The leach
tests performed on the mixture of waste material and soil shall represent the
anticipated field conditions.
1. All priority
pollutants as identified by the U.S. environmental protection agency.
2. Any chemicals identified in par. (a) which
have the potential to adversely affect the environment.
3. Metals including aluminum, barium, boron,
calcium, copper, iron, manganese, magnesium, sodium, strontium and
zinc.
(2)
WASTE USE DETERMINATION. An assessment and analysis of data including
conclusions drawn concerning the potential benefits and adverse effects of the
landspreading program shall be included. This assessment shall include
information showing that the waste has value as a soil conditioner or
fertilizer or will not cause a detrimental effect to public health, welfare or
the environment. At a minimum, the following information shall be submitted:
(a) Documentation of previous successful uses
of the solid waste, or other solid wastes with similar composition, properties
and characteristics.
(b)
Documentation of compliance with existing Wisconsin department of agriculture,
trade and consumer protection regulations pertaining to the licensing and
marketing of fertilizers or soil conditioners.
(c) Successful completion of an approved
experimental solid waste landspreading program.
(d) Other justification for use of the solid
waste.
(3) FACILITY
CHARACTERISTICS. Information on the characteristics of the facilities to be
used for the landspreading program shall include, at a minimum, the following:
(a) The facility locations, including copies
of soils maps, plat maps and USGS topographic maps.
(b) A description of the contracts or
agreements covering use of the land including the owner's name, address and
telephone number.
(c) A description
of land uses at the facility and current land uses on surrounding
properties.
(d) A description of
the regional geology and hydrogeology near the facility including the depth to
groundwater, groundwater flow direction and soil conditions.
(e) An identification of all homes and
private wells located within 1/4 mile of the facility.
(f) A description of the crops to be grown or
dominant vegetation on the facility.
(g) Soil test results from samples taken at
the facility. Parameters to be analyzed shall include soil pH, organic matter,
available phosphorus, available potassium, and any other parameters deemed
necessary for analysis and design of the proposed operation.
(h) A description of other soil additives to
be used.
(i) Identification of the
floodplain and its relationship to the proposed facility.
(4) FACILITY DESIGN, DEVELOPMENT AND
OPERATION. Information to be submitted regarding the design, development and
operating plans for the facility shall include the following:
(a) Provisions for interim waste storage and
disposal when normal landspreading facilities are unavailable or inaccessible
including the type of storage or disposal facility, the location and capacity
of the facility, construction details, any property interest or contractual
agreement allowing use of the facility, future anticipated use of the facility
and an evaluation of the environmental effects resulting from use of the
facility.
(b) Proposed mode of
waste transportation including the transporter of the waste, method of
transportation, type of vehicles used for waste transportation, spill
contingency plans and notification procedures.
(c) Proposed waste application rates,
techniques, disposal frequencies and locations.
(d) Proposed maximum rates of application,
both annual and cumulative, for nitrogen, arsenic, cadmium, chromium, copper,
lead, mercury, nickel, zinc and other heavy metals in accordance with ch. NR
204, technical bulletin 88 and any other appropriate technical literature.
Note: Copies of technical bulletin 88, dealing with the
landspreading of municipal wastewater sludge, may be obtained from the
Department of Natural Resources, Bureau of Waste Management, 101 South Webster
Street, Natural Resources Building, P.O. Box 7921, Madison, WI 53707.
(e) Proposed crop, soil,
groundwater and surface water monitoring.
(f) Proposed record keeping and reporting
procedures to be used for monitoring waste volumes applied, application rates,
disposal locations and cumulative waste loading applied to each
facility.