Chapter NR 518

NR 518.04(7)(d) (d) The material is applied in accordance with accepted agricultural practices and any department issued approval.

NR 518.04 History History: 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 518.05 NR 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.

NR 518.05(3) (3) Location standards. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within the following areas:

NR 518.05(3)(a) (a) Within 100 feet of any navigable body of water.

NR 518.05(3)(b) (b) Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within such other areas where a substantial potential bird hazard to aircraft would be created. This criteria is only applicable where a facility is used for disposing of putrescible waste.

NR 518.05(3)(c) (c) Within 1,000 feet of public water supply wells or 200 feet of private water supply wells.

NR 518.05(3)(d) (d) Within 500 feet of any residence, unless written consent is obtained from the resident. This distance may also be reduced for the residence of the property owner on whose land solid waste is spread.

NR 518.05(4) (4) Performance standards. No person may establish, construct, operate, maintain or permit the use of property as a landspreading facility within an area where there is a reasonable probability that the facility will cause:

NR 518.05(4)(a) (a) A significant adverse impact on wetlands

NR 518.05(4)(b) (b) A take of an endangered or threatened species or other activity prohibited under s. 29.604, Stats.

NR 518.05(4)(c) (c) A detrimental effect on any surface water.

NR 518.05(4)(d) (d) A detrimental effect on groundwater quality or will cause or exacerbate an exceedance of any preventive action limit or enforcement standard at a point of standards application as defined in ch. NR 140. For the purposes of design, the point of standards application is defined by s. NR 140.22 (1).

NR 518.05(4)(e) (e) The migration and concentration of explosive gases in any structures or in the soils or air at or beyond the facility property boundary in excess of 25% of the lower explosive limit for such gases at any time.

NR 518.05(4)(f) (f) The emission of any hazardous air contaminant exceeding the emission rate for that contaminant listed in ch. NR 445 or the total application rate of volatile organic compounds to exceed the limitation contained in s. NR 419.07 (4) (e).

NR 518.05 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88, am. (1), (3) (intro.), (4) (intro.), Register, June, 1996, No. 486, eff. 7-1-96; am. (4) (f), Register, November, 1998, No. 515, eff. 12-1-98; CR 05-020: am. (4) (b) and (f) Register January 2006 No. 601, eff. 2-1-06.

NR 518.06 NR 518.06 Solid waste landspreading plan. 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.

NR 518.06(1) (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:

NR 518.06(1)(a) (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.

NR 518.06(1)(b) (b) Waste pretreatment or waste processing techniques utilized prior to landspreading.

NR 518.06(1)(c) (c) The volumes of solid waste to be spread, stored or disposed.

NR 518.06(1)(d) (d) Physical characteristics of the waste material including the solids fraction and the organic fraction.

NR 518.06(1)(e) (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.

NR 518.06(1)(e)1. 1. pH.

NR 518.06(1)(e)2. 2. Nutrient content including Kjeldahl-nitrogen, ammonia-nitrogen, nitrate and nitrate-nitrogen, phosphorous and potassium.

NR 518.06(1)(e)3. 3. Salt content including chloride, fluoride and sulfate.

NR 518.06(1)(e)4. 4. Biological populations including total coliform, fecal coliform and any virus present in the waste material.

NR 518.06(1)(e)5. 5. Metals content including aluminum, barium, boron, calcium, copper, iron, manganese, magnesium, sodium, strontium and zinc.

NR 518.06(1)(e)6. 6. A bulk chemical analysis for additional analytes may be required by the department based on the information provided in pars. (a) to (d).

NR 518.06(1)(f) (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.

NR 518.06(1)(f)1. 1. All priority pollutants as identified by the U.S. environmental protection agency.

NR 518.06(1)(f)2. 2. Any chemicals identified in par. (a) which have the potential to adversely affect the environment.

NR 518.06(1)(f)3. 3. Metals including aluminum, barium, boron, calcium, copper, iron, manganese, magnesium, sodium, strontium and zinc.

NR 518.06(2) (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:

NR 518.06(2)(a) (a) Documentation of previous successful uses of the solid waste, or other solid wastes with similar composition, properties and characteristics.

NR 518.06(2)(b) (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.

NR 518.06(2)(c) (c) Successful completion of an approved experimental solid waste landspreading program.

NR 518.06(2)(d) (d) Other justification for use of the solid waste.

NR 518.06(3) (3) Facility characteristics. Information on the characteristics of the facilities to be used for the landspreading program shall include, at a minimum, the following:

NR 518.06(3)(a) (a) The facility locations, including copies of soils maps, plat maps and USGS topographic maps.

NR 518.06(3)(b) (b) A description of the contracts or agreements covering use of the land including the owner’s name, address and telephone number.

NR 518.06(3)(c) (c) A description of land uses at the facility and current land uses on surrounding properties.

NR 518.06(3)(d) (d) A description of the regional geology and hydrogeology near the facility including the depth to groundwater, groundwater flow direction and soil conditions.

NR 518.06(3)(e) (e) An identification of all homes and private wells located within 1/4 mile of the facility.

NR 518.06(3)(f) (f) A description of the crops to be grown or dominant vegetation on the facility.

NR 518.06(3)(g) (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.

NR 518.06(3)(h) (h) A description of other soil additives to be used.

NR 518.06(3)(i) (i) Identification of the floodplain and its relationship to the proposed facility.

NR 518.06(4) (4) Facility design, development and operation. Information to be submitted regarding the design, development and operating plans for the facility shall include the following:

NR 518.06(4)(a) (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.

NR 518.06(4)(b) (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.

NR 518.06(4)(c) (c) Proposed waste application rates, techniques, disposal frequencies and locations.

NR 518.06(4)(d) (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.

NR 518.06 Note 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.

NR 518.06(4)(e) (e) Proposed crop, soil, groundwater and surface water monitoring.

NR 518.06(4)(f) (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.

NR 518.06 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88, am. (intro.), (1) (intro.), (b), (2) (intro.), (c), (3) (intro.), (e), (4) (a), r. and recr. (1) (e) to (f), r. (1) (g) to (L), Register, June, 1996, No. 486, eff. 7-1-96.

NR 518.07 NR 518.07 Landspreading operation and monitoring.

NR 518.07(1) (1) Operating requirements. No person may operate or maintain a solid waste landspreading facility except in accordance with any solid waste landspreading plan approval issued by the department and the following minimum requirements:

NR 518.07(1)(a) (a) Only approved waste types shall be disposed at the facility. Plans to accept additional waste types require separate written approval from the department.

NR 518.07(1)(b) (b) Depending on the type of operation to be conducted, solid waste materials shall be plowed, disced or otherwise incorporated into the surface soil layer at appropriate intervals as specified in the solid waste landspreading plan to minimize storm water runoff, surface leaching and to control objectionable odors. A vegetative buffer strip shall be maintained between any navigable water and the application area.

NR 518.07(1)(c) (c) No solid waste may be deposited in areas containing ponded or standing water.

NR 518.07(1)(d) (d) Maximum one time and cumulative application rates of cadmium and other heavy metals shall be in accordance with ch. NR 204, technical bulletin 88 and any other appropriate technical literature.

NR 518.07(1)(e) (e) Waste materials with significant pathogen bacteria content shall be properly stabilized prior to landspreading.

NR 518.07(1)(f) (f) Food chain crops grown on solid waste landspreading facilities which have received waste applications containing pesticides or persistent organic materials may not be marketed or used for human or animal consumption unless the crops meet all applicable contaminant levels as established by the United States food and drug administration or the state of Wisconsin.

NR 518.07(2) (2) Monitoring. The owner or operator of a solid waste land-spreading facility with an approved solid waste landspreading plan shall submit monitoring reports to the department on a frequency specified in the landspreading plan approval. The report shall include the following information for each facility utilized during the preceding reporting period:

NR 518.07(2)(a) (a) The amount of solid waste applied in tons per acre on a dry weight basis.

NR 518.07(2)(b) (b) The amount of nitrogen applied in pounds per acre on a dry weight basis.

NR 518.07(2)(c) (c) The estimated mineralization rate of the applied nitrogen.

NR 518.07(2)(d) (d) The amount of cadmium applied in pounds per acre on a dry weight basis.

NR 518.07(2)(e) (e) The total amount of each specific metal specified by the department applied in pounds per acre on a dry weight basis.

NR 518.07(2)(f) (f) The department may require monitoring as part of the landspreading plan approval including soil concentrations, surface water, groundwater, plant tissue or other parameters as appropriate. If borings or wells are required, they shall be installed in accordance with ch. NR 508.

NR 518.07(2)(g) (g) A description of any adverse environmental health, or social effects that occurred due to solid waste disposal.

NR 518.07(2)(h) (h) A description of any action not in conformance with the approved landspreading plan.

NR 518.07 History History: Cr. Register, January, 1988, No. 385, eff. 2-6-88; am. (1) (intro.), (b), (e), (f), (2) (intro.), (f), (h), Register, June, 1996, No. 486, eff. 7-1-96.

NR 518.08 NR 518.08 Closure of landspreading facilities. The owner or operator of a landspreading facility, or any person who permits the use of property for such purpose, shall accomplish closure, maintenance and long-term care of the facility in accordance with any solid waste landspreading plan approval issued by the department and with the following minimum practices:

NR 518.08(1) (1) Notification. At least 120 days prior to the closing of a solid waste landspreading facility, the owner or operator shall notify the department, in writing, of the intent to close the facility. The department will review the notice of intent to close the facility and shall approve or disapprove in writing the proposed closure procedures. The department may require additional information, or may require additional closure, maintenance or long-term care procedures to be implemented to insure proper closure of the facility. This notice shall include the following information:

NR 518.08(1)(a) (a) The proposed final date by which all solid waste disposal or landspreading operations will be terminated.

NR 518.08(1)(b) (b) The current waste types, sources and volumes of solid wastes being landspread at the facility.

NR 518.08(1)(c) (c) The cumulative volumes of waste which were applied to the facility during active operations.

NR 518.08(1)(d) (d) The reasons for closing the facility.

NR 518.08(1)(e) (e) The proposed future land uses of those areas previously used for waste deposition.

NR 518.08(1)(f) (f) Special precautions to be utilized to limit access to the facility, and to insure that no further solid waste materials are deposited after the closure date.

NR 518.08(1)(g) (g) The proposed monitoring and long-term care procedures to be implemented following closure of the facility. These procedures shall be in accordance with the approved solid waste landspreading plan and any modifications to the plan.

NR 518.08(1)(h) (h) The alternate licensed or approved facilities to be utilized for waste disposal or landspreading purposes following closure of the facility.

NR 518.08(2) (2) Closure. No person may deposit any solid waste materials at a closed facility without prior written approval from the department. Within 90 days of the final closure date of a facility, all closure work shall be completely and finally performed in accordance with this section. Final closure of a landspreading facility shall include, but is not limited to:

NR 518.08(2)(a) (a) Discing, plowing or otherwise incorporating all deposited solid waste materials into the surface soil layers, or covering all landspreading areas with an adequate thickness of final earth cover material.