Section NR 204.05 - Permit issuance(1) GENERAL. A person that owns or operates a treatment works that generates sludge shall apply for a WPDES permit. The treatment works may not land apply or dispose of sludge unless the person who owns or operates the treatment works obtains a WPDES permit. A treatment works is ultimately responsible for the land application or disposal of sludge and is responsible for compliance with the terms of its WPDES permit and the requirements of this chapter.(2) SLUDGE MIXTURES AND TREATMENT.(a) If a treatment works sends its sludge to another treatment or storage facility for final treatment prior to land application, and at that facility, the sludge is mixed with other materials such as, but not limited to another municipal sludge, industrial sludge, animal manure or septage, or if the characteristics of the sludge are altered in any other manner, the owner of the receiving facility shall apply for a separate WPDES permit and shall assume primary responsibility for compliance with this chapter. Note: In this situation, both the treatment works that generates sludge and the facility that alters the characteristics of the sludge for final use or disposal must apply for a permit. The terms in each permit that relate to sludge will not duplicate each other but rather, will complement each other to comply with this chapter.
(b) If the receiving facility is a farmer's manure tank or lagoon and mixing of sludge and manure occurs in storage, that mixture shall comply with all requirements of this chapter. If the treatment works which originally generated the sludge, remains responsible for certifying that the mixture complies with the provisions of this chapter, the treatment works shall remain the sole permittee and retain full responsibility for compliance with their permit and this chapter.(3) LAND APPLIERS. If the owner or operator of a treatment works hires another person to land apply sludge, the land applier, as well as the treatment works, is responsible for compliance with applicable sections of this chapter. The treatment works is required to obtain a permit. However, the land applier does not need to obtain a WPDES permit unless the land applier is required to do so under sub. (1), (2) or (4). If a land applier simply treats the sludge to meet the pathogen or vector attraction reduction requirements of this chapter for a single sludge generator, but does not alter or treat the sludge in any other manner, the land applier does not have to obtain a WPDES permit. (4) IMPORTED SLUDGE. In the event non-exceptional quality bulk sludge which is generated outside the state of Wisconsin is imported into the state, the person responsible for importing the sludge shall have a WPDES permit for the land application or the beneficial use of the imported sludge as specified in s. NR 204.09. A permit is not required for imported sludge if it is being landfilled or incinerated. In the case of landfilling or incinerating, the person who imports the sludge shall notify and receive approval from the department prior to landfilling or incinerating the sludge. Approval will be based on contracts with licensed landfills or permitted incinerators.Wis. Admin. Code Department of Natural Resources § NR 204.05
Cr. Register, December, 1995, No. 480, eff. 1-1-96.