Wis. Admin. Code Department of Natural Resources § NR 204.02 - General

Current through March 28, 2022

(1) APPLICABILITY. Any person who treats or generates sludge, applies sludge to land or places sludge in a landfill shall comply with the requirements in this chapter.
(a) In general, this chapter applies to the following:
1. The use and disposal of sludge and grit and screenings generated by any domestic wastewater treatment works.
2. The quantity and quality of sludge that is applied to land or landfilled. This includes sludge which is combined with another material. The other material may include industrial sludge, other municipal sludge, septage, manure, any material used for mixing or other wastes with which the sludge forms a composted material.

Note: Note: Chs. NR 502 and 518 may also apply to processing and use of solid waste and sludge mixtures.

3. The land on which sludge is applied and any landfill which receives the sludge.
(b) In general, these rules do not govern the following:
1. The use or disposal of sludge which is a hazardous waste as defined by ch. NR 660.
2. Septage as defined in ch. NR 113. This does not exempt centralized septage treatment facilities which are required to obtain a WPDES permit.
3. Sludge that is incinerated.
4. Bulk or bagged material which is derived from exceptional quality sludge. This is material which is derived after the generator distributes exceptional quality sludge. It does not include a bulk material which becomes exceptional quality after mixing or treatment with non-exceptional sludge.
5. Industrial sludge, including sewage sludge generated during the treatment of industrial wastewater that is combined with domestic sewage originating at that industrial facility.
6. Sludge with PCB concentrations greater than 50 mg/kg on a dry weight basis, unless this sludge is applied under a management plan approved by U.S. environmental protection agency (EPA) region V pursuant to 40 CFR part 761.
7. Incinerator ash.
8. Sludge generated through the treatment of drinking water.

Note: The regulation of the incineration of sludge under 40 CFR part 503 will be administered by the U.S. environmental protection agency.

(2) RESPONSIBILITY. A facility that generates sludge is ultimately responsible for the handling, transporting, storage and land application or disposal of the sludge and grit and screenings. A generator is responsible for compliance with its WPDES permit and all applicable provisions of this chapter. In the event a generator sends its sludge to another person for final land application or disposal and that person alters the characteristics of the sludge by mixing it with other wastes or substances or by treating it in some other manner, then the person who receives the sludge shall also be considered a generator and shall assume primary responsibility for compliance with this chapter. If a generator gives the sludge to another person to land apply, but that person does not alter the characteristics of the sludge, then that person is also responsible for complying with applicable provisions in this chapter, such as the land management practices specified in s. NR 204.07.
(3) FORMS. All forms required in this chapter may be obtained from the Department of Natural Resources, Bureau of Wastewater Management, 101 S. Webster Street, P.O. Box 7921, Madison, Wisconsin 53707.


Wis. Admin. Code Department of Natural Resources § NR 204.02
Cr. Register, December, 1995, No. 480, eff. 1-1-96; correction in (1) (b) 1. made under s. 13.92(4) (b) 7, Stats., Register February 2010 No. 650.

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