Section 518.04. Exemptions.

  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 landspread 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.

(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:

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.

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 fingerjointing, 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 landspreading 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.

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.

Note

Lime sludges from papermills which were being landspread prior to July 1, 1996, are exempt under sub. (1) (j). Microsoft Windows NT 6.1.7601 Service Pack 1 The term "facilities" used in this subsection means the land upon which wood ash is applied. NR 500.08 (5) (c) 1. exempts wood ash storage, handling, transportation and landspreading activities for small quantity wood ash generators. NR 500.08 (5) (c) 2. exempts wood ash storage, handling and transportation activities when wood ash is managed in accordance with this subsection. Microsoft Windows NT 6.1.7601 Service Pack 1 The department recommends the wood ash application rate be adjusted to target soil pH to promote crop yields. Microsoft Windows NT 6.1.7601 Service Pack 1