NR 214.16 HistoryHistory: Cr. Register, June, 1990, No. 414, eff. 7-1-90; CR 09-123: r. and recr (2) (d), r. (2) (e), (f) and (3) (e), cr. (4) (c), am. (6) Register July 2010 No. 655, eff. 8-1-10; corrections in (1) (d), (2) (d), (6) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674. NR 214.17NR 214.17 Landspreading systems for liquid wastes and by-product solids. NR 214.17(1)(1) Exemption for less than 10% industrial waste in manure pits. Industrial liquid wastes mixed into liquid manure at a volume less than 10% of the volume of the mixture at the time it is landspread may be exempted in writing by the department on a case-by-case basis from the requirements of s. NR 214.17 (2), (3), (4) and (7) if the liquid waste mixture has beneficial properties as a soil conditioner or fertilizer, is applied in accordance with accepted agricultural practices and does not cause detrimental effects. However, liquid manure storage facilities used to store less than 10% industrial liquid waste shall meet the USDA SCS technical bulletin section IV design criteria 313 (2/86) or 425 (10/83) or equivalent sealing specifications acceptable to the department. NR 214.17(2)(a)(a) All landspreading sites shall be approved by the department prior to waste spreading. NR 214.17(2)(b)(b) Landspreading sites shall be located at least 500 feet from the nearest inhabited dwelling, except that this distance may be reduced to 200 feet if the waste is incorporated with the soil and any affected owners and occupants give their written consent for the reduced separation distance. The department may require a greater separation distance depending on the type of waste material and potential for aesthetic and public health impacts. NR 214.17(2)(c)(c) Wastes may not be landspread closer than 1,000 feet from a well serving a community public water supply system and 250 feet from other potable water supply wells. NR 214.17(2)(d)(d) Landspreading sites may not be located in the floodway as specified in ch. NR 116. Any site located in the floodplain shall conform to ch. NR 116 and may not be used when the floodplain is flooded. NR 214.17(2)(e)(e) Landspreading sites shall be limited to cultivated cropland, tree plantations, pasture or hayland. Other sites may be reviewed and approved on a case-by-case basis. NR 214.17(2)(f)(f) Landspreading sites shall be limited to a slope of 12% or less when the soil temperatures are above freezing. When the ground is frozen or snow covered, landspreading shall be restricted to sites with slopes of 2% or less. Sites with slopes of 2-6% may be approved for winter time spreading on a case-by-case basis. NR 214.17(2)(g)(g) Wastes may not be landspread closer than 200 feet from any surface water, except that the minimum separation distance may be reduced, to a minimum of 100 feet, when a vegetative buffer strip is maintained between the site and the surface water. If the waste is incorporated with the soil, the separation distance from any surface water may be reduced to 50 feet. NR 214.17(2)(h)(h) Landspreading sites shall have at least 36 inches of separation between the ground surface and bedrock or groundwater. However, the department may allow a reduced separation distance to a minimum of 18 inches on a case-by-case basis provided the rate of waste application is reduced. NR 214.17(3)(a)(a) Vehicles used for landspreading shall be equipped with a distribution system capable of spreading the waste evenly over the site. NR 214.17(3)(b)(b) If the vehicle is equipped with a high pressure spray nozzle, the openings shall be sized to prevent plugging and located to minimize wind drift of the waste. NR 214.17(3)(c)(c) Any system used for the storage or stacking of wastes prior to landspreading shall be designed and constructed in accordance with ch. NR 213, or other design criteria as approved in the landspreading management plan. Plans and specifications shall be submitted to the department for approval of such storage or stacking systems. NR 214.17(3)(d)(d) Storage or stacking systems shall be sited and operated to minimize odors or other public nuisance conditions. NR 214.17(4)(a)(a) The discharge to a landspreading system may not exceed the hydraulic, organic, nitrogen, chloride or other limitations specified in the WPDES permit or plans developed pursuant to a permit requirement. In determining discharge limitations, the department shall consider the past operating performance, nutrient uptake of the cover crop, site conditions, the ability of the soils to treat the pollutants in the discharge, permeability and infiltration rate of the soil, other soil and geologic characteristics, the concentrations and characteristics of pollutants in the discharge and other relevant information. NR 214.17(4)(b)(b) The concentration of any wastewater parameter that may impact groundwater quality shall be limited at the point of discharge to a value that will minimize the concentration of the substance in the groundwater to the extent technically and economically feasible and will prevent exceedence of the preventive action limit in the groundwater. NR 214.17(4)(c)(c) Liquid wastes or by-product solids containing viable pathogens, such as those from meat or poultry processing operations, may not be applied on fields used for growing crops that may be consumed raw by humans. NR 214.17(4)(d)1.1. The volume of liquid waste landspread may not alter the characteristics or structure of the soil such that the crop is adversely affected or erosion or permeability problems occur. NR 214.17(4)(d)2.2. The volume of liquid waste landspread shall be limited to prevent ponding, except for temporary conditions following rainfall events. If ponding occurs, all spreading shall cease immediately. NR 214.17(4)(d)3.3. The volume of liquid waste landspread shall be limited to prevent runoff. If runoff occurs, all spreading shall cease immediately. NR 214.17(4)(d)4.4. In order to prevent runoff or control odor, the department may require the waste to be incorporated into the soil. NR 214.17(4)(d)5.5. The maximum daily volume of liquid waste applied shall be limited to 13,500 gallons per acre per day (1/2 inch) except that when the ground is frozen or snow covered it shall be limited to 6,800 gallons per acre per day (1/4 inch). NR 214.17(4)(d)6.6. The maximum weekly volume of liquid waste applied shall be limited according to Table 3. NR 214.17(4)(d)7.7. The total pounds of chloride applied shall be limited to 170 pounds per acre per year or 340 pounds per acre per 2 year period. NR 214.17(4)(d)8.8. The total pounds of sodium applied may be limited to prevent alteration of soil properties or groundwater contamination. NR 214.17(4)(d)9.9. The total pounds of nitrogen applied per acre per year shall be limited to the nitrogen needs of the cover crop minus any other nitrogen, including fertilizer or manure, added to the landspreading site. Nitrogen applied can be calculated on the basis of plant available nitrogen, as long as the release of nitrogen from the organic material is credited to future years. NR 214.17(4)(d)10.10. For whey, not including whey by-products, where the nitrogen content has not been determined through sampling and analysis, the nitrogen application rate shall be limited by limiting the yearly hydraulic application rate for a site to 27,150 gallons per acre (1 inch) the first year, 20,360 gallons per acre (3/4 inch) the second year, and 13,600 gallons per acre (1/2inch) the third and succeeding years. NR 214.17(4)(e)1.1. The volume of by-product solids landspread may not alter the characteristics or structure of the soil such that the crop is adversely affected or erosion or permeability problems occur. NR 214.17(4)(e)2.2. The total quantity of by-product solids applied to the soil shall be within acceptable agricultural practices taking into account the carbon to nitrogen ratio, total nitrogen and the moisture content of the by-product solid. NR 214.17(4)(e)3.3. The volume of by-product solids landspread shall be limited to prevent surface runoff of solids or leachate, leaching of contaminants to groundwater and objectionable odors. NR 214.17(4)(e)4.4. The total pounds of chloride applied shall be limited to 170 pounds per acre per year or to 340 pounds per acre per 2 year period. NR 214.17(4)(e)5.5. The total pounds of sodium applied may be limited to prevent alteration of soil properties or groundwater contamination. NR 214.17(4)(e)6.6. The total pounds of nitrogen applied per acre per year shall be limited to the nitrogen needs of the cover crop minus any other nitrogen, including fertilizer or manure, added to the landspreading site. Nitrogen applied can be calculated on the basis of plant available nitrogen, as long as the release of nitrogen from the organic material is credited to future years. NR 214.17(4)(e)7.7. The by-product solids shall be plowed, disced, injected or otherwise incorporated into the surface soil layer as specified in the WPDES permit or approved management plan. NR 214.17(4)(e)8.8. If it is necessary to stockpile solids in the field, the piles shall be spread within 72 hours or less as specified in the WPDES permit or management plan. NR 214.17(5)(a)(a) The discharge to landspreading systems shall be monitored for total daily discharge volume. NR 214.17(5)(b)(b) The department may require in a WPDES permit that the discharge to the system be monitored for BOD5, total suspended solids, forms of nitrogen, chloride, metals or any other pollutant that may be present. The department shall select the pollutants to be monitored and the required frequency of monitoring on a case-by-case basis by considering the potential public health impacts, probable environmental impact, soil and geologic conditions, past operating performance, concentrations and characteristics of pollutants in the discharge and other relevant information. NR 214.17(5)(c)(c) The department may require electronic or paper submittal of discharge monitoring reports and land application forms. NR 214.17(6)(a)(a) Vehicles used for transporting or landspreading the waste shall be maintained to prevent spillage or leakage. NR 214.17(6)(b)(b) The landspreading vehicle shall be moving forward at all times of application unless it is equipped with a high pressure spray nozzle which evenly distributes the waste over the land. NR 214.17(6)(c)(c) Management plan. The department shall require each landspreading system owner or operator to submit a management plan for optimizing system performance and demonstrating compliance with the requirements of this chapter. Following approval by the department, the treatment system shall be operated in conformance with the management plan. If the facility wishes to operate differently than specified in the approved plan, a written request shall be submitted to the department for approval to amend the management plan. The plan shall specify information on pretreatment processes, site identification on plat and soil maps, aerial photographs, if available, description of all site limitations, vegetative cover management and removal, availability of storage, type of transporting and spreading vehicle, load and rest schedules, monitoring procedures, contingency plans for periods of adverse weather or odor or nuisance abatement and any other pertinent information. NR 214.17(7)(7) Soils investigation and groundwater monitoring requirements. Soil investigation and groundwater monitoring requirements are specified in ss. NR 214.20 and 214.21. NR 214.17 HistoryHistory: Cr. Register, June, 1990, No. 414, eff. 7-1-90; CR 09-123: cr. (5) (c) Register July 2010 No. 655, eff. 8-1-10. NR 214.18(1)(1) Applicability. Only sludges which have been exempted from regulation under ch. NR 518 and have been shown to have beneficial properties as a soil conditioner or fertilizer and not have detrimental effects on the soil, crops or groundwater may be spread on the land. A WPDES permit is required for the spreading of sludge on land. NR 214.18(2)(a)(a) All sites shall be approved by the department prior to sludge being spread. NR 214.18(2)(b)(b) Sludge may not be spread within 500 feet of any residence, except that this distance may be reduced to 200 feet if the sludge is incorporated with the soil and any affected owners and occupants give their written consent for the reduced separation distance. NR 214.18(2)(c)(c) Sludge may not be spread within 1000 feet of a well serving a community public water supply system or within 250 feet of any other potable water supply well. NR 214.18(2)(d)(d) Sludge may not be surface spread within 200 feet from any surface water course, dry run or wetlands, except that if a vegetative buffer strip is maintained between the site and the surface water, the department may approve a reduced separation distance to 100 feet. If the sludge is incorporated in the soil, the separation distance from any surface water may be reduced to a minimum of 50 feet. NR 214.18(2)(e)(e) Sludge may not be spread on wetlands or on areas subject to flooding or ponding. NR 214.18(2)(f)(f) Sludge spreading sites shall be limited to a slope of 12% or less when the soil temperatures are above freezing. When the ground is frozen or snow covered, the landspreading shall be restricted to sites with slopes of 2% or less. Sites with slopes of 2-6% may be approved for winter time spreading on a case-by-case basis. NR 214.18(2)(g)(g) Sludge spreading sites shall have at least 36 inches of separation between the ground surface and bedrock or groundwater. However, the department may allow a reduced separation distance to a minimum of 18 inches on a case-by-case basis provided the rate of application is reduced. NR 214.18(3)(a)(a) Vehicles used for spreading shall be equipped with a distribution system capable of spreading the sludge evenly over the site. NR 214.18(3)(b)(b) Any system used for the storage or stacking of sludge prior to spreading shall be designed and constructed in accordance with ch. NR 213, or other design criteria as approved in the sludge management plan. Plans and specifications shall be submitted to the department for approval of such storage or stacking systems. NR 214.18(3)(c)(c) Storage or stacking systems shall be sited and operated to minimize odors or other public nuisance conditions. NR 214.18(4)(a)(a) The discharge to a sludge spreading site may not exceed the hydraulic, organic, nitrogen, chloride or other limitations specified in a WPDES permit or plans developed pursuant to a permit requirement. In determining discharge limitations, the department shall consider past operating performance, the ability of the soils to treat the pollutants in the discharge, nutrient uptake of the cover crops, hydrogeologic characteristics of the site such as permeability and infiltration rates, and other relevant information. NR 214.18(4)(b)(b) The sludge application rate shall be limited so that any parameter that may impact groundwater quality is restricted to minimize the concentration of the substance in the groundwater to the extent technically and economically feasible and to prevent exceedence of the preventive action limit in the groundwater. NR 214.18(4)(c)(c) In order to prevent surface runoff and leaching and to control objectionable odors, the department may require liquid sludge to be incorporated into the soil surface within a time period specified in the WPDES permit. Cake sludge shall be incorporated in the soil in accordance with the time period specified in the sludge spreading management plan. NR 214.18(4)(d)(d) The total amount of any nutrient applied per year may not exceed the nutrient needs of the crop to be grown minus available nutrients in the soil or applied as fertilizer. NR 214.18(4)(e)(e) The pH of the sludge and soil mixture shall be 6.5 or higher at the time that the sludge is spread. If the concentration of cadmium in the sludge is 2 mg/kg (dry weight) or less, the soil pH may be less than 6.5. NR 214.18(4)(f)(f) No more than 0.45 pounds per acre of cadmium may be spread annually on land used for production of food chain crops. NR 214.18(4)(g)(g) The cumulative amount of cadmium, copper, lead, nickel and zinc spread on any site may not exceed the levels listed in Table 4. NR 214.18(4)(h)(h) Sludge containing concentrations of PCBs equal to or greater than 10 mg/kg (dry weight) shall be incorporated into the soil when applied to land used for producing animal feed, including pasture crops for animals raised for the purpose of producing milk. The department may allow surface application of the sludge if it is assured that the PCB content is less than 0.2 mg/kg (actual weight) in animal feed or less than 1.5 mg/kg (fat basis) in milk from animals consuming the feed. NR 214.18(4)(i)(i) The department may limit or prohibit the land application of sludges containing additional pollutants such as, but not limited to phenolics, pesticides and bioaccumulative organics. Any such limit or prohibition shall be based on waste characteristics, soil cation exchange capacity, type of crop grown and other relevant factors. NR 214.18(5)(a)(a) The discharge shall be monitored for total daily discharge volume. NR 214.18(5)(b)(b) The department may require in a WPDES permit that the sludge spreading discharge be monitored for total suspended solids, forms of nitrogen, chloride, metals or any other pollutant that may be present. The department shall select the pollutants to be monitored and the required frequency of monitoring on a case-by-case basis by considering the potential public health impacts, probable environmental impact, soil and geologic conditions, past operating performance, concentrations and characteristics of pollutants in the discharge and other relevant information. NR 214.18(5)(c)(c) The department may require the submittal of monitoring reports to include the following information for each site utilized during the reporting period: NR 214.18(5)(c)1.1. The amount of sludge applied in tons per acre on a dry weight basis. NR 214.18(5)(c)2.2. The amount of nitrogen applied in pounds per acre on a dry weight basis. NR 214.18(5)(c)3.3. The amount of each metal applied in pounds per acre on a dry weight basis. NR 214.18(5)(c)4.4. Other site monitoring information as specified in the sludge management plan or WPDES permit. NR 214.18(5)(c)5.5. A description of any adverse environmental, health or social effects that occurred due to sludge application during the preceding reporting period. NR 214.18(5)(d)(d) The department may require electronic or paper submittal of discharge monitoring reports and land application forms.
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Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
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