Section 214.06. Exemptions from requirements of this chapter.

 

(1)  The department may exempt a land treatment system from specific requirements of this chapter if the owner or operator can demonstrate that the requirement is more stringent than necessary to comply with the provisions of ch. NR 140 and ch. 160 , Stats. As required in s. 160.19 (2) , Stats., this chapter defines design and management practice criteria for land treatment systems to minimize the level of substances in groundwater to the extent technically and economically feasible and to comply with the groundwater preventive action limits established in ch. NR 140 . The concepts of matching the waste loading to the soil conditions, uniform wastewater distribution, a load/rest cycle and nutrient removal by crop uptake are essential in order to minimize the groundwater impacts from waste treatment on land. However, there may be site specific factors that determine how these concepts are best applied to a specific facility. To justify an exemption from a requirement of this chapter, the owner or operator shall demonstrate the following:

(a) That site specific factors, such as pollutant-soil interactions, higher than normal crop nutrient uptake or pollutant dilution, dispersion or degradation within the design management zone, justify an exemption from the requirements of this chapter. The influence of site specific factors shall be demonstrated in an evaluation of the waste loading, hydrogeologic conditions, soil type and treatment capabilities of the site to present grounds for an exemption. Soil investigation information such as that specified in s. NR 214.20 may be required as part of the treatment system evaluation;

(b) That increases of substances in the groundwater from land treatment on the site will be minimized to the extent technically and economically feasible; and

(c) That the applicable groundwater limits will not be exceeded. The following evidence shall be part of the exemption request for each of the following groups of land treatment systems:

1. Existing systems with groundwater monitoring wells. The owner or operator shall demonstrate compliance with the appropriate groundwater standards in all monitoring wells by presenting groundwater monitoring data from the land treatment system. The department may require installation of and data from additional monitoring wells if the groundwater monitoring well network is believed to not adequately represent the impacts from land treatment of wastes on the site.

2. Existing systems without groundwater monitoring wells and flows above 15,000 gpd. The department may require the owner or operator of a system which has had a monthly average liquid waste flow to land treatment equal to, or greater than, 15,000 gallons per day (gpd), anytime during the previous year, to demonstrate compliance with the appropriate groundwater standards by installing a department approved monitoring well system. The monitoring well system installation will be required through the modification or reissuance of the discharge permit for the system.

3. Existing systems without groundwater monitoring wells and flows below 15,000 gpd. The owner or operator of a system which has monthly average liquid waste flows to land treatment of less than 15,000 gpd shall demonstrate that granting the exemption will result in the treatment system having a low potential for exceeding the groundwater standards of ch. NR 140 . The department shall require all feasible upgrading and operational improvements that will optimize the performance of the existing land treatment system and minimize groundwater impacts. Such improvements may include, but are not limited to, operational changes, site modifications and minimizing the waste loading. Systems in this size category that the department judges as having a high potential for groundwater contamination will be required to install a groundwater monitoring well system. The department shall consider pollutant loading rates, soil types and system location in assessing the potential for groundwater contamination.

4. New or expanded land treatment systems. The owner or operator of a new or expanded land treatment system may utilize information from research studies, literature or similar existing land treatment systems in the demonstration for a variance. The department may require the installation of a groundwater monitoring well network to check for groundwater impacts from land treatment on the site.

(2)   Submitting an exemption request. The owner or operator of a land treatment system shall request an exemption from a requirement of this chapter by submitting facts to the department:

(a) In the application for issuance, reissuance or modification of a WPDES permit, or

(b) In plans and specifications for a new or expanded land treatment system or during the 90-day plan approval period as specified in s. 281.41 , Stats., or

(c) During the 30-day public comment period following public notice by the department of intent to issue, reissue or modify a WPDES permit under s. 283.31 , Stats., or

(d) At a public hearing held under s. 283.49 or 283.63 , Stats.

(3)   Written exemptions. All exemptions issued under this section shall be granted in writing.

History: Cr. Register, June, 1990, No. 414 , eff. 7-1-90; correction in (2) (c) made under s. 13.92 (4) (b) 7. , Stats., Register July 2010 No. 655 .