Industrial Landspreading

Landspreading of Industrial Liquid Waste, By-Product Solids and Sludge

The landspreading of industrial wastes is regulated under ch. NR 214, Wis. Adm. Code. There are three main categories of industrial wastes:

By-product solids: waste materials from the animal product or food processing industry, including (but not limited to) remains of butchered animals, paunch manure and vegetable waste materials such as leaves, cuttings, peelings and actively fermenting sweet corn silage (reference: s. NR 214.03(4), Wis. Adm. Code);
Industrial liquid waste: Process wastewater and waste liquid products, including silage leachate; whey; whey permeate; whey filtrate; contact cooling water; cooling or boiler water containing water treatment additives; and wash water generated in industrial, commercial and agricultural operations which result in a point source discharge to a land treatment system (reference: s. NR 214.03(27), Wis. Adm Code); and
Industrial sludge: the accumulated solids generated during the biological, physical or chemical treatment, coagulation or sedimentation of water or wastewater (reference: s. NR 214.03(34), Wis. Adm. Code). Notes: Industrial sludges may be liquid or solid ("cake"). Industrial/process grease interceptor (aka "food processing grease") is considered an industrial sludge as the water-tight receptacle designed to intercept and retain grease is connected to process piping (not sanitary plumbing).

Ch. NR 214, Wis. Adm. Code allows a controlled quantity of industrial waste to be uniformly applied to, or incorporated into, the soil surface of designated sites by means of a vehicle with a spreader bar, spray gun, subsurface injector, temporary irrigation piping and/or other department-approved spreading equipment. The beneficial use of industrial wastes and their recycling to the land as a commercial fertilizer substitute and/or soil conditioner is encouraged by the department.

Note: Beneficial use is not the same as "dumping." Pollutants are present in industrial wastes that must be monitored to protect public health and the waters of the State. To accomplish the goal of beneficial use, Wisconsin DNR regulates the landspreading of these wastes through Wisconsin Pollutant Discharge Elimination System (WPDES) permits to ensure that the waste is managed properly to truly serve as a benefit to the soil environment and prevent contamination of groundwater and surface waters and protect public health.

Commercial Fertilizer Substitute

The landspreading of industrial wastes returns valuable nutrients (examples: nitrogen, phosphorus and potassium) and micronutrients (examples: nickel, zinc and copper) to the soil. Often, industrial wastes are used as substitutes for expensive commercial fertilizers.

The nutrients in industrial wastes offer several advantages over those in inorganic fertilizers because they are organic and are released slowly to growing plants. These organic forms of nutrients are less water soluble, and therefore, are less likely to leach into groundwater or runoff the field into surface waters.

The farmer benefits from a relatively free source of valuable nutrients (compared to purchasing commercial fertilizers).

Note: Some permittees obtain a Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) fertilizer license in order to receive compensation from the recipient (farmer) of the waste. While a permittee may have a DATCP fertilizer license, the permittee is still required to follow its WPDES permit and ch. NR 214, Wis. Adm. Code.

Soil Amendments

Many industrial sludges (examples include but are not limited to paper residuals and industrial cake sludges) can be beneficially landspread as an organic soil amendment. These materials can increase the organic matter content of the soil profile:

Improve infiltration rates.
Reduce soil loss.
Increase soil structure stability and water retaining porosity.
Decrease bulk density thereby increasing water holding capacity, plant-available water, cation exchange capacity (CEC), etc.
Provide a carbon and energy source for soil microbes.

Some sludges are also mixed with lime, raising the pH of the sludge-lime mixture to greater than 7.0 standard units (su). This mixture is often used to raise the soil pH to:

Neutralize soil acidity.
Improve nutrient availability.
Enhance soil health.
Ultimately, improve crop yields.

Economical Waste Disposal Option

Many industrial permittees have limited waste storage capacities (onsite storage less than one week); these wastes must be either landspread or disposed of properly. High-percent solid wastes (i.e., cake sludges) are often hauled to landfills, unnecessarily utilizing landfill capacity and increasing disposal costs for the permittee.

Reuse of beneficial industrial wastes via landspreading reduces the necessity of landfill disposal. Landfills generally will not accept low-solid (liquid) wastes, and in many cases are substantially distant from the facility's location.

For many permittees, landspreading industrial wastes is simply the most economical option (compared to landfill or WPDES permitted disposal). In many areas of the state, landspreading of industrial wastes is the only option.

Public Health and Groundwater Protection

While there are many benefits associated with the landspreading of industrial waste, the department monitors and limits these activities to:

Protect public health and welfare.
Protect groundwater.
Protect surface water (reference: ss. NR 214.01, NR 214.05, NR 214.17, and NR 214.18, Wis. Adm. Code).

Industrial Landspreading Topics

WPDES Permits

Overview

All facilities that landspread industrial wastes in the State of Wisconsin must have a Wisconsin Pollutant Discharge Elimination System (WPDES) permit. Under s. 283.31, Wis. Stats., a permit is required for the lawful discharge of any pollutant into the waters of the state, which includes groundwater by the definition in s. 283.01(20), Wis. Stats. (reference: s. NR 214.01, Wis. Adm. Code).

WPDES permits include discharge limitations, monitoring requirements and operating standards a facility must meet to:

Protect public health and welfare, and
Maintain and protect the physical, chemical and biological integrity of groundwater and all uses of state waters (references: s. 281.41 Wis. Stats., s. 283.31, Wis. Stats, and chs. NR 140 and NR 160, Wisc Adm. Code).

Each facility must designate an "Authorized Representative," typically the owner, operator or compliance manager for the facility. This individual serves as the primary "point of contact" for the DNR.

WPDES Permit Types

Individual WPDES Permits. Facilities that landspread industrial wastes may be issued an individual WPDES permit if the facility:

Generates wastewaters from unique types of activities.
Discharges wastes from multiple locations (or Outfalls).
Has complex mixtures of pollutants.
Employs significant biological or physical/chemical treatment systems.

For additional details on individual WPDES permits (types, application submittal process, reporting, etc.), please visit the DNR's WPDES Permit webpage.

General WPDES Permits. Conversely, a facility may be issued a general WPDES permit. General permits cover groups of facilities with similar types of wastewater discharges to surface water and/or groundwater (in accordance with s. NR 205.08(1)(b), Wis. Adm. Code). Currently, the department has three landspreading general permits:

Landspreading of By-Product Solids (WI-0057665),
Landspreading of Industrial Liquid Wastes (WI-0055867), and
Landspreading of Industrial Sludge (WI-0057657).

Note: For more information on these general permits, please visit the DNR's Wastewater General Permits webpage.

DATCP Fertilizer Licenses

Some WPDES permittees seek a Department of Agriculture, Trade, and Consumer Protection (DATCP) fertilizer license. The issuance of a DATCP fertilizer license allows the waste generator to receive compensation from the recipient (farmer) of the waste.

It is important to note that ch. NR 214, Wis. Adm. Code, does not categorically exempt the land application of fertilizer from the requirements of that chapter. Issuance of a DATCP fertilizer license does not automatically render a facility exempt under s. NR 214.06, Wis. Adm. Code. While a facility may have a DATCP fertilizer license, the facility is still required to follow its WDPES permit and ch. NR 214, Wis. Adm. Code.

Characteristics Reports (3400-049 Forms)

Overview

Industrial permittees are required to representatively sample their wastes prior to landspreading. Representative sample collection ensures:

Accurate calculation of nitrogen loading rates (pounds nitrogen/acre/crop year);
Accurate calculation of chloride loading rates (pounds chloride/acre/calendar year and pounds/acre/2 years);
Accurate nutrient information (nitrogen-phosphorus-potassium) provided to the farmer (Note: Farmers often need to comply with their nutrient management plans per chs. ATCP 50, NR 151, and/or NR 243, Wis. Adm. Code.) and laboratories.

Representative Sample Collection

Discharge location(s) are assigned an "Outfall" number in the facility's WPDES permit. For an individual WPDES permit, there may be multiple discharge Outfalls. The permittee is required to sample each Outfall for specific pollutants of concern (examples: nitrogen, phosphorus, potassium, chloride, etc.).

The location of sampling points shall be as specified in an applicable permit or, in the absence of such specification, at a point that is representative of the discharge (ss. NR 214.09 and NR 218.07, Wis. Adm. Code). Typically, the permittee specifies the representative sample location(s) and sampling methodologies for each Outfall in its management plan (see "Management and Spill Plans" section below for more details).

Sampling and Testing Procedures

Sampling and laboratory testing procedures shall be performed in accordance with chs. NR 218 and NR 219, Wis. Adm. Code. Samples shall be analyzed by a laboratory certified or registered in accordance with the requirements of ch. NR 149, Wis. Adm. Code.

The analytical methodologies used shall enable the certified laboratory to quantitate all substances for which monitoring is required at levels below the effluent limitation. If the required level cannot be met by any of the methods available in ch. NR 219, Wis. Adm. Code, then the method with the lowest limit of detection shall be selected.

Recording of Results

Industrial permittee shall maintain records which provide the following information for each effluent measurement or sample taken:

Date, exact place, method and time of sampling or measurements.
Individual who performed the sampling or measurements.
Date the analysis was performed.
Individual who performed the analysis.
Analytical techniques or methods used.
Results of the analysis (reference: s. NR 205.07(1)(e), Wis. Adm. Code).

Note: Sample collection standard operating procedures (SOPs) and template sample collection logs are typically included in the permittee's management plan (see "Management and Spill Plans" section below for more details).

Wastewater and Sludge Characteristics Reports (Forms 3400-049 AKA 49 Form)

The analytical results from testing of industrial liquid wastes, by-product solids and sludges that are landspread shall be reported on the "Characteristic Report" forms 3400-049 (AKA 49 Form).

49 forms shall be submitted electronically no later than the date indicated on the form. Following submittal of the electronic Characteristic Report Form 3400-49, this form shall be certified electronically (reference: ss. NR 205.07(1)(g)2., NR 214.17(5), and NR 214.18(5), Wis. Adm. Code).

Important: The responsible executive officer, manager, partner, proprietor or duly authorized representative certifies that the electronic report form is true, accurate and complete.

The permittee shall use the following convention when reporting monitoring results: Pollutant concentrations less than the limit of detection shall be reported as < (less than) the value of the Limit of Detection (LOD). For example, if a substance is not detected at a detection limit of 1.0 mg/kg, report the pollutant concentration as < 1.0 mg/kg.

All sludge results shall be reported on a dry weight basis.

Records Retention: The permittee shall retain records of all monitoring information and copies of all reports required by the department for at least three years (reference: s. NR 205.07(1)(f), Wis. Adm. Code).

Landspreading Site Request and Approval Process

Overview

Permittees shall only apply industrial wastes (industrial liquid waste, by-product solids and industrial sludge) to landspreading sites that meet the requirements of ch. NR 214, Wis. Adm. Code. All sites shall be approved by the department prior to landspreading (reference: s. NR 214.17(2)(a) and NR 214.18(2)(a), Wis. Adm Code).

Landspreading Site Request Submittal

The permittee must submit a complete Land Application Site Request (form 3400-053 AKA 53 form) with accompanying documents, including:

Aerial photograph with requested site/field boundaries marked and identified;
Soil map unit map (Note: This map may be generated by the NRCS Web Soil Survey or DNR Surface Water Data Viewer. This map may be combined with the aerial photograph of the site/field.);
Proof of ownership (legal property owner) — typically a tax parcel listing showing the property owner along with the tax parcel map displaying the parcel identification;
Setback reduction permissions (if applicable); and
Other relevant site review information (examples include, but are not limited to field data surveys, landspreading equipment lists, waste descriptions and management plan SOPs).

Note: See "Industrial-Related DNR Forms" section below to obtain a copy of the 53 form.

It is recommended that the site request package be scanned and submitted electronically via email to the appropriate DNR regional landspreading specialist. For a list of regional landspreading specialists, please see the "DNR Contacts" section below.

Important: Incomplete site request packages may be rejected and returned. Applications submitted on modified or altered 53 forms will not be processed.

Department Review of Landspreading Site Request

The department utilizes its System for Wastewater Applications, Monitoring and Permits (SWAMP) and Land Application Geodatabase (LAG) systems to evaluate site suitability. The department's site review process considers several factors, including but not limited to:

Landspreading method(s) (surface application, injection or incorporation).
Proximity to residences, wells (private and community), streams, wetlands, drainageways.
Ability of the soil to hold and treat pollutants (permeability and available water holding capacity).
Depth to restrictive layers (bedrock and groundwater).
Slope and soil erodibility.
Intended application rate (amount/acre/day, amount/acre/week, etc.).
Other relevant information (facility-specific, waste-specific, field-specific, etc.) necessary to protect public health and the environment.

Note: Please refer to ss. NR 214.05, NR 214.17 and NR 214.18, Wis. Adm. Code, for additional information.

Department Approval of Landspreading Site Request

Landspreading sites meeting ch. NR 214, Wis. Adm. Code, requirements are issued a Site Approval and Discharge Limits form (form 3400-122 AKA 122 form) and DNR approval maps. These documents identify the approved area(s) of each site and the "ground rules" (site limitations) the permittee must adhere to when utilizing the site.

These documents must be retained in the permittee's management plan pursuant to ss. NR 214.17(4), NR 214.17(6), NR 214.18(4) and NR 214.18(6), Wis. Adm. Code. See "Management and Spill Plans" section below for more details. The permittee should share its management plan, including site approval information, with its contractor(s).

Records Requests: Since 2017, the department has digitized site request package and review documents. In addition, the department is in the process of digitizing its historic (paper) site request and approval information. These documents are public records. If you are interested in obtaining these documents, please contact the appropriate regional landspreading specialist (see "DNR Contacts" section below).

Industrial Landspreading Requirements

Overview

The beneficial use of industrial wastes and its recycling to the land as a commercial fertilizer substitute or soil conditioner is encouraged by the department.

The department regulates the landspreading of industrial wastes per ch. NR 214, Wis. Adm. Code, in order to protect public health and welfare by restoring, maintaining and protecting the physical, chemical and biological integrity of the groundwater and all uses of state waters in accordance with ch. NR 140, and chs. 160 and 283, Wis. Stats. (reference s. NR 214.01, Wis. Adm Code).

Landspreading Site Limitations

Any person who land applies industrial wastes shall comply with the minimum separation distances and soil restrictions specified under ss. NR 214.05, NR 214.17 and NR 214.18, Wis. Adm. Code. Note: Additional case-specific limitations may apply pursuant to (ss. NR 214.05, NR 214.17(4)(a) and NR 214.18(4)(a), Wis. Adm. Code).

The department shall also consider past operating performance; nutrient uptake of the cover crop; site conditions; the ability of the solid to treat the pollutants in the discharge; permeability and infiltration rate of the soil; other soil and geologic characteristics; the concentrations and characteristics of pollutants in the discharge and other relevant information when determining discharge limitations - pars. NR 214.17(4)(a) & NR 214 214.18(4)(a)].
Criteria for Industrial Sludge or Waste Applied to Land
Site Criteria		Surface	Incorporation/Injection
Minimum distance to bedrock/groundwater - pars. NR 214.17(2)(h) & NR 214.18(2)(g)		36 inches	36 inches
	Case by case basis provided the rate of waste application is reduced	18 inches	18 inches
Slope 0 to 12% - pars. NR 214.17(2)(f) & NR 214.18(2)(f)		Allowed	Allowed
Slope >12% - pars. NR 214.17(2)(f) & NR 214.18(2)(f)		Not Allowed	Not Allowed
Minimum distance to public water supply - pars. NR 214.17(2)(c) & NR 214.18(2)(c)		1000 ft.	1000 ft.
Minimum distance to private water supply - pars. NR 214.17(2)(c) & NR 214.18(2)(c)		250 ft.	250 ft.
Minimum distance to residence - pars. NR 214.17(2)(b) & NR 214.18(2)(b)		500 ft.	500 ft.
Minimum distance with written permission - pars. NR 214.17(2)(b) & NR 214.18(2)(b)		500 ft.	200 ft.
Minimum distance to any surface water or dry run - pars. NR 214.17(2)(g) & NR 214.18(2)(d)		200 ft.	50 ft.
Minimum distance to a surface water or dry run with vegetative buffer - see above		100 ft.	50 ft.
Frozen or snow-covered ground special application rules:
	Slope 0 to 2% - pars. NR 214.17(2)(f) & NR 214.18(2)(f)	Allowed	Not Applicable
	Slope >2% to 6% - pars. NR 214.17(2)(f) & NR 214.18(2)(f)	Case-by-case	Not Applicable
	Slope >6% - pars. NR 214.17(2)(f) & NR 214.18(2)(f)	Not Allowed	Not Applicable
	Application rate - par. NR 214.17(4)(d)	<6,800 gal/acre/day	Not Applicable

Ponding and Runoff

The volume of liquid wastes landspread shall be limited to prevent ponding conditions. If ponding occurs, all landspreading shall cease immediately.

The volume of liquid wastes land applied shall be limited to prevent runoff. If runoff occurs, all landspreading shall cease immediately.

Ponding and/or runoff of industrial waste is limited per ss. NR 214.17(4)(d)2., NR 214.17(4)(e)3. and NR 214.18(3)(c), Wis. Adm. Code.

Nitrogen Limitations

The total pounds nitrogen applied per year shall be limited to the nitrogen needs of the intended crop, minus any other sources of nitrogen added to the landspreading sites (examples: fertilizer and manure) (reference: ss. NR 214.17(4) and NR 214.18(4), Wis. Adm. Code).

In most WPDES permits, nitrogen loading rates (pounds/acre/crop year) are calculated based on:

Total Kjeldahl Nitrogen (or TKN) concentration from laboratory analytical report of representative waste sample,
Percent solids (in the case of wet solids and sludges) and
Amount applied per acre.

TKN is typically limited to 165 pounds/acre/crop year, except when:

The intended crop needs fewer than 165 pounds nitrogen/acre/crop year or
An alternative numerical nitrogen limit has been approved in writing via the department's management plan (See "Management and Spill Plans" section below).

The TKN calculations below must be used to calculate the nitrogen loading rate (pounds/acre/crop year).

Wet Weight Solids and Sludges:

\frac{lbs of solids X %solidsX% TKN}{acres land applied X 100 X100} = lbs TKN/acre

Liquid: $\frac{mg/L TKN X (millions of gallons) X 8.34}{acres land applied} = lbs TKN/acre$

In order to determine the nitrogen needs of the intended crop, please refer to "Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin".

Tracking Other Sources of Nitrogen

Communication between the permittee, contractor, property owner and/or farmer is essential to identify the addition of other nitrogen sources (manure, commercial fertilizer, etc.) to a field. Other sources of nitrogen must be reported on the permittee's "Annual Land Application Report" (form 3400-055; reference: ss. NR 214.17(4)(d)9., NR 214.17(4)(e)6. and NR 214.18(4)(d), Wis. Adm. Code).

Example: John Smith Cheese Company intends to landspread on DNR# 12345 (site/field: 1-1) in May 2025. Intended crop is corn (nitrogen need of ~165 pounds nitrogen/acre/crop year). In April 2025, the authorized representative for the cheese company contacts the site owner (farmer) to identify if any additional sources of nitrogen (manure or commercial fertilizer) have been applied to 1-1. The farmer applied manure to the field in April 2025. The farmer estimates that this manure provides ~ 50 pounds nitrogen/acre. John Smith Cheese Company adjusts its application rate to landspread ~110 pounds nitrogen/acre. On its "Annual Land Application Report," John Smith Cheese Company reports 110 pounds "Nitrogen Supplied from Waste" and 50 pounds "Other Sources of Nitrogen."

Chloride Limitations

For industrial liquid wastes and by-product solids, the total pounds of chloride landspread shall be limited to 170 pounds per acre per year or 340 pounds per acre per two-year period (reference: ss. NR 214.17(4)(d)7 and NR 214.17(4)(e)4., Wis. Adm. Code).

Note: For industrial sludges, the department may limit the total pounds of chloride landspread in the facility's WPDES permit (per s. NR 214.18(4)(a), Wis. Adm. Code.

Calculate the chloride loading as follows:

Wet Weight Soldids: $\frac{lbs of solids X %solids X %chloride}{acres land applied X 100 X 100} = lbs of chloride/acre$

Liquid: $\frac{mg/L chloride X (millions of gallons) X 8.34}{acres land applied} = lbs of chloride/acre$

Hydraulic Application Rates (Daily and Weekly)

Industrial liquid wastes, by-product solids and industrial sludges shall be uniformly applied onto, or incorporated into, the soil surface of approved sites by means of a vehicle with a spreader bar, spray gun or subsurface injector (reference: ss. NR 214.03(26), NR 214.17(3)(a) and NR 214.18(3)(a), Wis. Adm. Code). Note: Landspreading systems also include those systems where liquid wastes are occasionally applied through temporary irrigation piping at a frequency similar to that of application by vehicles.

Hydraulic Limits for Industrial Liquid Wastes. The maximum daily volume of liquid waste applied shall be limited to 13,500 gallons/acre/day (1/2 inch) except that when the ground is frozen or snow covered it shall be limited to 6,800 gallons/acre/day (1/4 inch) (reference: s. NR 214.17(4)(d)5., Wis. Adm. Code). Note: The department may limit daily hydraulic application rate to ensure the soil can properly hold and treat waste, and that nutrients are retained within the soil root zone. This reduced application is specified on the DNR 3400-122 site approval form.

The maximum weekly volume of liquid waste landspread shall be limited based on soil type and depth to bedrock/groundwater according to Table 3 (reference: s. NR 214.17(4)(d)6., Wis. Adm. Code).

Table 3: Maximum Weekly Volume of Liquid Waste to be Applied to Landspreading Sites (gal/ac/wk or in/wk)
Soil Texture	18" - 36" Depth to Groundwater or Bedrock	Greater than 36" Depth to Groundwater or Bedrock
Sand	6,750 (¼ in.)	13,500 (½ in.)
Sandy Loam	13,500 (½ in.)	27,000 (1 in.)
Loam	13,500 (½ in.)	27,000 (1 in.)
Silt Loam	13,500 (½ in.)	27,000 (1 in.)
Clay Loam	13,500 (½ in.)	20,000 (¾ in.)
Clay	6,700 (¼ in.)	13,500 (½ in.)

Hydraulic Limits for By-Product Solids and Industrial Sludges. The discharge to a landspreading system or sludge spreading system may not exceed the hydraulic limitations specified in the WPDES permit or management plans developed pursuant to a permit requirement (reference: ss. NR 214.17(4)(a) and NR 214.18(4)(a), Wis. Adm. Code). Note: DNR site approval forms and maps (including site-specific discharge limits) must be included in the facility's management plan.

High Pressure Spray Nozzles ("Spray Guns")

If a vehicle is equipped with a high-pressure spray nozzle, the openings shall be sized to prevent plugging and located to minimize wind drift of the waste (reference: s. NR 214.17(3)(b), Wis. Adm. Code).

Note: Permittees often document wind direction and speed on their daily landspreading logs when utilizing high pressure spray nozzles.

Additional Site Limitations

In determining additional site discharge limitations, the department shall consider:

Past operating performance.
Nutrient uptake of the cover crop.
Site conditions.
Ability of the soils to treat the pollutants in the discharge.
Permeability and infiltration rate of the soil.
Other soil and geologic characteristics.
Concentrations and characteristics of pollutants in the discharge.
Other relevant information (reference ss. NR 214.05, NR 214.17(4)(a) and NR 214.18(4)(a), Wis. Adm Code).

Slope Restrictions

Landspreading sites shall be limited to a slope of 12% or less when the soil temperatures are above freezing.

When the ground is frozen or snow-covered, landspreading shall be restricted to sites with slopes of 2% or less. Sites with slopes of 2-6% may be approved for winter-time spreading on a case-by-case basis (reference: ss. NR 214.17(2)(f) and NR 214.18(2)(f), Wis. Adm. Code).

The department often considers the permittees' winter landspreading Standard Operating Procedures (or SOPs) when considering case-by-case approval of winter slopes 2-6%. Winter landspreading SOPs for sites within slopes 2-6% include, but are not limited to:

Increased setback distances from streams, wetlands and drainageways.
Reduced weekly application rate.
Plowing the field prior to landspreading.
Landspreading frozen ground without snow cover.

Note: These SOPs are often included in the permittee's Management Plan (see "Management and Spill Plans" section below).

Crop Restrictions (Industrial Wastes Containing Pathogens): Liquid wastes or by-product solids containing viable pathogens, such as those from meat or poultry processing operations, may not be applied on fields used for growing crops that may be consumed raw by humans (examples: potatoes, carrots and peas) (reference: s. NR 214.17(4)(c), Wis. Adm. Code).

Contract Hauler Responsibility

Overview

The generator of industrial wastes shall be responsible for handling and landspreading, except when an independent contractor has been issued a WPDES permit for the land treatment of these wastes. When the contractor is issued the WPDES permit, the independent contractor shall be responsible for the handling and application of these wastes to the land (reference: s. NR 214.02(2), Wis. Adm. Code).

Example Scenario #1: Cheese Company A hires a contractor to landspread industrial liquid waste. The contractor does not have a WPDES permit. The contractor hauls and landspreads this waste on a nearby field. Cheese Company A is responsible for all hauling and landspreading activities conducted by the contractor. Cheese Company A has delegated these tasks, but not the responsibility for these tasks.

Example Scenario #2: Cheese Company A hires a WPDES Permitted Contractor B to landspread industrial liquid waste. The permitted contractor hauls this wastewater to a nearby storage unit (approved under the contractor's WPDES permit). Waste is temporarily stored and mixed in this storage unit. Eventually, this mixed waste is landspread on a nearby field. WPDES Permitted Contractor B is responsible for all hauling, storage, and landspreading activities under its WPDES permit.

See "Alternative Waste Disposal Options" Section below for more details on WPDES permitted contract haulers.

Example Scenario #3: Cheese Company A hires a WPDES Permitted Contractor B to directly landspread industrial liquid waste. The permitted contractor hauls this wastewater to a nearby agricultural field approved under the contractor's WPDES permit. WPDES Permitted Contractor B is responsible for all hauling and landspreading activities under its WPDES permit.

Management and Spill Plans

Overview

Management Plans (MPs) outline how industrial wastes (industrial liquid wastes, by-product solids, and industrial sludges) are stored, transported and landspread on department approved fields. The management plan typically serves as a standard operating procedure (SOP) for the permittee's employees to reference and implement. This document also is utilized by department staff to ensure that the permittee meets WPDES permit and administrative code requirements when landspreading.

MPs include information such as a waste volume and characterization, storage locations and landspreading outfalls, type of transportation and landspreading vehicles/equipment, contingency plans for periods of adverse or inclement weather, spill response procedures (large and small spills), daily record keeping, annual reporting requirements, and any other pertinent information.

Each industrial facility that stores, handles, disposes and/or landspreads industrial wastes is required to have a department approved MP per ss. NR 214.17(6) (c) and NR 214.18(6) (c), Wis. Adm. Code. If the facility wishes to operate differently than specified in the approved plan, a written request shall be submitted to the department for approval to amend the management plan prior to implementing operational changes.

Spill Plans and Notification

Permittees should notify the department in accordance with ch. NR 706, Wis. Adm. Code, in the event of a discharge of a hazardous substance to the environment.

A spill plan is a written standard operating procedure (SOP) for spill and accident cleanup to minimize the public health and environmental impacts due to an unintended release of industrial wastes. Permittees typically include a spill plan in the management plan. The spill plan typically includes the following information:

SOPs for small spill (less than 50 gallons) cleanup,
SOPs for large spill (greater than 50 gallons) cleanup,
Notification procedures for spills greater than 50 gallons (DNR 24-Hour spill hotline 1-800-943-0003) and
Other relevant information.

More information is available on the DNR Spills webpage.

Management Plan Approval

The department reviews the draft management plan. If this plan complies with ch. NR 214, Wis. Adm. Code, the department issues a written approval letter to the permittee. Following the plan approval, the permittee must operate in conformance with the approved landspreading MP (reference: ss. NR 214.17(6)(c) and NR 214.18(6)(c), Wis. Adm. Code).

Revisions to Management Plan

If operational changes are needed, the MP shall be amended by submitting a written request to the department for approval. Examples of operational changes include, but are not limited to:

New contractor(s),
New landspreading equipment,
Updated sample collection procedures,
New alternative disposal locations (ex. manure storage units) and
Site optimization strategies.

Guidance Document: For more details about management plans, please refer to the "Management Plans for Industrial Wastes (Industrial Liquid Waste, By-Product Solids, and Industrial Sludges): How to Review and Approve" guidance document.

Landspreading Site Optimization

Field Evaluation

When reviewing landspreading site request packages, the department utilizes soils data from the Natural Resource Conservation Service (NRCS) Web Soil Survey. Soil map units with potential limitations are restricted from landspreading. Potential restrictions include, but are not limited to:

Shallow groundwater less than 36" from surface,
Shallow bedrock less than 36" from surface,;
Coarser textured ("sandy") soils with high permeability and low water holding capacity,
Steep slopes (greater than 12% or greater than 6% for winter landspreading) and
Severe soil erodibility (reference: s. NR 214.05, NR 214.17, and NR 214.18, Wis. Adm. Code).

Permittees are unable to landspread in these restricted areas. However, the permittee may consider hiring a qualified individual to demonstrate these area(s) comply with ch. NR 214, Wis. Adm. Code, requirements.

Professional Qualifications: The department shall accept soil test pit evaluations, soil classifications, and soil boring logs performed by a qualified soil scientist, engineer or other qualified individual. Qualifications shall include a degree from an accredited institution of higher education or field experience in soil investigation, interpretation, and classification (reference: s. NR 214.20(2), Wis. Adm. Code).

Waste Storage

Overview

Any system used for the storage or stacking of wastes prior to landspreading shall be designed and constructed in accordance with ch. NR 213, Wis. Adm. Code, or other design criteria as approved in the landspreading management plan (reference: ss. NR 214.17(3) and NR 214.18(3), Wis. Adm. Code).

Storage Tanks

Underground storage tanks shall be designed such that:

They are cathodically protected against corrosion, constructed of noncorrosive material, and constructed of coated steel with noncorrosive material or its equivalent.
The materials of the tank or liner are compatible with the stored substance.
An inspection manhole, vent and high water alarm are provided (reference: s. NR 213.15(1), Wis. Adm. Code).

Note: Periodic testing shall be performed, such as pressure testing, to ensure the integrity of the tank is maintained.

Above-ground storage tanks shall be designed such that:

They are constructed of noncorrosive material, steel lined with noncorrosive material, or its equivalent.
The materials of the tank or liner are compatible with the stored substance.
An inspection manhole, vent and high water alarm are provided (reference: s. NR 213.15(2), Wis. Adm. Code).

Note: The department may require a containment dike around storage tanks in locations where water pollution would potentially be caused by a spill or overflow.

Existing Lagoons: The permittee must submit a report evaluating compliance with the design standards, material specifications, and performance criteria in ch. NR 213, Wis. Adm. Code. In the event that the owner cannot demonstrate compliance with all of the design standards and material requirements with the existing facility, the generator may request an exemption from the design standards and material requirements of this chapter in accordance with s. NR 213.06, Wis. Adm. Code (reference: S. NR 213.03, Wis. Adm. Code).

Alternative Waste Disposal Options

Livestock Feed

Some industrial wastes can be re-purposed as livestock feed. Common examples include vegetable by-products such as corn husks, soybean shells, pea shells, potato peelings, carrot peelings, etc.

These wastes are often hauled directly from the WPDES permitted facility to the farm, and subsequently incorporated into the livestock's feed.

Under this scenario, by-products are not discharged to the environment. The permittee is not required to track or monitor the distribution of livestock feed under its WPDES permit. However the department recommends that permittees report waste distribution as livestock feeds on its annual "Other Methods of Disposal or Distribution Report" (form 3400-052).

Publicly Owned Treatment Works (AKA "POTW")

POTWs (also commonly called a Wastewater Treatment Facilities or "WWTFs") are treatment works owned by a public entity and include any sewers that convey wastewater to the treatment works (reference: s. NR 204.03(44), Wis. Adm. Code).

POTWs can accept industrial wastes. Some larger POTWs allow centralized waste treatment facilities to receive industrial wastes, perform partial treatment (often pH adjustment), and then discharge these wastes into the sewer.

The POTW assumes responsibility for all industrial wastes discharged into their treatment system and sewers. The treatment and disposal of this waste is regulated through their WPDES permit and ch. NR 204, Wis. Adm. Code.

For more information on regional POTWs, contact the applicable DNR regional compliance regulator ("DNR Contacts" below).

WPDES Permitted Contract Haulers

WPDES permitted contract haulers throughout the State of Wisconsin temporarily store, mix, and landspread industrial wastes from numerous waste generators (clients). Contract haulers often have complex permits, involving multiple influent clients and storage unit locations. Many of these storage units containing comingled or mixed wastes regulated under different administrative code chapters, examples include but are not limited to:

Industrial + sewage sludge (chs. NR 214 and NR 204, Wis. Adm. Code),
Industrial + septage (chs. NR 214 and NR 113, Wis. Adm. Code),
Sewage sludge + septage (chs. NR 204 and NR 113, Wis. Adm. Code) and
Industrial + municipal + septage (chs. NR 214, NR 204, and NR 113, Wis. Adm. Code).

Note: Permitted contract haulers may receive approval to direct landspread waste (direct land outfalls).

The WPDES permitted contractor assumes responsibility for all industrial wastes directly landspread and/or stored under their WPDES permit.

For more information on WPDES permitted contract haulers, contact the applicable DNR regional landspreading specialist ("DNR Contacts" below).

Manure Storage Units

Landspreading of industrial wastes (industrial liquid waste and industrial sludge) may be accomplished indirectly by mixing with manure into manure storage units, and landspreading the mixed waste beneficially as a soil conditioner or fertilizer (per. ss. NR 214.06 and NR 214.17(1), Wis. Adm. Code).

WPDES permitted industrial facilities may mix industrial wastes into manure storage units on a routine basis, provided specific requirements are met. In some cases, industrial wastes are mixed into a manure reception pit or directly into a manure storage unit to liquefy the manure. The addition of industrial waste may help remove blockages and/or reduce bulking of manure within the manure storage unit.

Manure storage units may be owned and operated by independent farmers. These farms may or may not be covered under a WPDES permit. Pursuant to s. NR 214.17(1), Wis. Adm. Code, an exemption allows discharging low volume industrial liquid waste (<10% total volume of manure storage unit) to non-permitted farms and WPDES permitted farms.

Discharge of Industrial Liquid Waste into Manure Storage Units

Typically, an industrial waste generator requesting to mix industrial liquid wastes into a manure storage unit must provide the following information in a storage request package:

Request Form. Completed Form 3400-196 ("Notice of Intent to Store Industrial Wastes in Existing Off-Site Manure Storage Structures"). See "DNR Forms" below for a copy of the 196 Form.
Design Documentation. Signed and stamped documentation from a Wisconsin registered professional engineer indicating that construction of storage unit complies with the requirements from ch. NR 213, Wis. Adm. Code, or documentation that the manure storage unit meets NRCS 313 (2/86), 425 (10/83), or equivalent design standards (pursuant to ch. NR 214.17(1), Wis. Adm. Code.
Storage Unit Identification. Manure storage unit location relative to other onsite units. Example: Aerial photographs and "up-close" photographs showing identifying characteristics help to identify the requested manure storage unit.
Waste Type. General waste description (type of industry process(es) and all sources of wastewater that may be mixed into the manure storage unit).
Waste Characteristics. Test results of a representative sample of waste from waste generator.
Chemicals. Identification of any chemicals that may be present in the wastewater and all relevant data safety sheets.
Waste Source(s). Verify all waste sources (industrial, municipal, or septage, etc.) mixed into the manure storage unit.
WPDES Permitted Farm Requirements. Request packages must contain the 180-day storage capacity calculation worksheet, demonstrating 180-day storage capacity of the manure storage unit. Note: This calculation includes all wastes mixed into the storage unit including, but not limited to manure, leachate, collected stormwater, and industrial wastes (industrial liquid wastewater and industrial sludge).

Note: Use of manure storage units may require issuance or modification of a WPDES permit (industrial waste generator or permitted farm depending on the applicable scenario).

For additional details, refer to the "Mixing of Industrial Wastes (Industrial Liquid Waste and Industrial Sludges) into Manure Storage Units: How to Review and Approve" guidance document.

Discharge of Industrial Liquid Sludge into Manure Storage Units

In 2018, the department developed a similar streamlined exemption that allows discharging low volume liquid industrial sludge to non-permitted farms and WPDES permitted farms (per s. NR 214.06, Wis. Adm Code). This streamlined exemption addressed requests from the Wisconsin Cheese Makers Association (WCMA) and Midwest Food Products Association (MWFPA).

For additional details, refer to the "Mixing of Industrial Wastes (Industrial Liquid Waste and Industrial Sludges) into Manure Storage Units: How to Review and Approve" guidance document.

Daily Disposal Logs

The department recommends that permittees track the amount and location of disposal. Often this information is necessary to demonstrate compliance with ch. NR 214, Wis. Adm. Code. For example, tracking daily volume to a manure storage unit can be used to verify compliance with the s. NR 214.17(1), Wis. Adm. Code "10% exemption."

A template disposal log is often included in the permittee's management plan (see "Management and Spill Plans" section. The disposal log may include, but is not limited to the following information:

Permittee name,
Outfall number,
Date and time the waste is removed from storage structure,
Truck identification number,
Driver's name,
Disposal location (WPDES permitted facility, manure storage unit, etc.),
Disposal date and time,
Amount disposed (gallons, tons, and/or cubic yards),
WPDES permit number of receiving facility (if applicable), and
Other relevant information.

Annual Reports (Forms 3400-055 and 3400-052)

Overview

All landspreading and disposal activities must be recorded and reported per WPDES permit requirements and ss. NR 214.17(4)(e)8. and ss. NR 214.18(5)(d), Wis. Adm. Code.

The permittee shall submit and certify the "Annual Land Application Report" (form 3400-055, AKA 55 form) each year.

In certain circumstances, the permittee may also be required to submit and certify the "Other Method of Disposal or Distribution" (form 3400-052, AKA 52 Form) each year. This requirement is specified in the WPDES permit, management plan and/or conditional approval letter (example: manure storage unit approved under the s. NR 214.17(1), Wis. Adm. Code "10% exemption").

Important: Successful completion of the 55 form and 52 form include validation, submittal and certification by no later than January 31 following the year in which the activities occurred.

Annual Land Application Report (55 Form)

Yearly landspreading activities for liquid wastes, by-product solids and/or sludges shall be submitted and certified electronically on the Annual Land Application Report by January 31, each year whether or not waste is landspread (reference: ss. NR 205.07(1)(g), NR 214.17(5) and NR 214.18(5), Wis. Adm. Code).

The 55 Form must have all columns completed, including:

DNR site number,
State/field name,
Landowner,
Acres landspread,
Outfall number,
Amount of waste applied,
Units (gallons, tons, cubic yards),
Nitrogen supplied from waste (manure, commercial fertilizer, etc.),
Crop code,
Nitrogen recommended (pounds/acre/crop year),
Application method (surface application, incorporation, injection), and
Chlorides applied (pounds/acre/calendar year).

Important: The responsible executive officer, manager, partner, proprietor or duly authorized representative certifies that the electronic report form is true, accurate and complete.

The provided link details how to submit, validate and certify the 55 form.

Other Method of Disposal or Distribution (52 Form)

When required in the facility's WPDES permit, management plan, conditional approval (manure storage unit under s. NR 214.17(1), Wis. Adm. Code "10% exemption), etc., the yearly disposal activities for liquid wastes, by-product solids and/or sludges shall be submitted and certified electronically on the Other Method of Disposal or Distribution Report by January 31 of each year whether or not waste is disposed (reference: ss. NR 205.07(1)(g), NR 214.17(5), and NR 214.18(5), Wis. Adm. Code).

Disposal locations include but are not limited to: manure storage units (or "pits"), landfills, other WPDES permitted facilities and incineration facilities.

The 52 Form must have all columns completed, including:

End use (landfill, incinerate, manure pit, another facility for further treatment, hauled out of state),
DNR permit or license number of receiving entity (if applicable),
Name of treatment or receiving entity,
Total amount treated, disposed, or distributed,
Outfall number, and
Units (gallons, tons, cubic yards).

Important: The responsible executive officer, manager, partner, proprietor or duly authorized representative certifies that the electronic report form is true, accurate and complete.

Switchboard Assistance: The DNR Switchboard is for people who need to securely log in and access forms and reports. If you need assistance with accessing, submitting or certifying these reports, please go to the DNR Switchboard webpage.

Stepped Enforcement

Overview

Enforcement actions follow the DNR stepped enforcement process. This process begins with the lowest form of enforcement appropriate for the circumstances and may be incrementally elevated to the highest level of enforcement, resulting in litigation in the courts.

Stepped enforcement approach - level of Enforcement Action

Figure 1 shows the steps of enforcement action that may be taken. The level at which an enforcement action begins is case-specific and based on the severity of the noncompliant event.

The stepped enforcement approach is a fluid process, and it is not legally required that all enforcement actions follow these steps in sequential order regardless of the current status or step of the process. It is possible that a permittee with an active secondary enforcement case may have unrelated violations which could result in primary enforcement actions (example: Notice of Noncompliance). Conversely, in more severe or repeated instances of violations, enforcement may start with issuing a Notice of Violation with subsequent referral to the Wisconsin Department of Justice (DOJ).

Note: There is no citation authority under ch. NR 214, Wis. Adm. Code.

Industrial Related DNR Forms

This section contains a list of industrial-related DNR forms.

Form 3400-006 Industrial: Daily Landspreading Log (AKA 006 form). Note: Permittees are not required to use this template. Permittees are encouraged to contact their compliance regulator to verify records comply with WPDES permit and ch. NR 214, Wis. Adm. Code, requirements.
Form 3400-049 Wastewater Characteristics Report (AKA 49 form). Note: This form is generated in Switchboard. The permittee must access Switchboard to view this form(s). There is no link to this form on this webpage.
Form 3400-052 Other Methods of Disposal or Distribution Report (AKA 52 form). Note: This form is generated in Switchboard. The permittee must access Switchboard to view this form(s). There is no link to this form on this webpage.
Form 3400-055 Annual Land Application Report (AKA 55 form). Note: This form is generated in Switchboard. The permittee must access Switchboard to view this form(s). There is no link to this form on this webpage.
Form 3400-053 Land Application Site Request (AKA 53 form).
Form 3400-122 Site Approval and Discharge Limits Form (AKA 122 form). Note: This form is generated by a DNR Regional Landspreading Specialist and then mailed to the permittee following approval of the landspreading site.
Form 3400-196 Notice of Intent to Store Industrial Wastes in Existing Off-Site Manure Storage Structures (AKA 196 form).

DNR Contacts

Overview

It is recommended that permittees reach out to their DNR compliance regulator for questions regarding:

WPDES permit compliance,
WPDES permit renewal,
Management plan updates, and
Other permit-related inquiries.

For a list of DNR staff by region, visit the Wastewater Permits Staff webpage.

It is recommended that permittees reach out to their DNR regional landspreading specialist for questions regarding:

Land application site requests,
Site optimization, and
Alternative disposal options.

For larger record requests and/or policy related questions, please contact Steve Warrner, DNR Statewide Site Review Coordinator (contact information below).

Regional Landspreading Specialists Contact List

Region	Coordinator Name	Counties of Responsibility
South Central Region (SCR) N7725 Highway 28 Horicon WI 53032	Kassandra (Kassie) Schultz Email: Kassandra.Schultz@Wisconsin.gov Phoned: 262-675 4072	Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Lafayette, Richland, Rock, Sauk
Southeast Region (SER) 1027 West St. Paul Ave Milwaukee WI 53233	Stephen (Steve) Warrner Email: Stephen.Warrner@Wisconsin.gov Phone: 414-897-5771	Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington, Waukesha, Out-of-State Business
Northeast Region (NER) 3369 West Brewster St Appleton WI 54914	Teresa Hall Email: Teresa.Hall@Wisconsin.gov Phone: 920-841-6425	Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Waupaca, Waushara, Winnebago
Northern Region (NOR) 2501 Golf Course Rd Ashland WI 54806	Alison Canniff Email: Alison.Canniff@Wisconsin.gov Phone: 715-685-0450	Ashland, Barron, Bayfield, Burnett, Douglas, Florence, Forest, Iron, Langlade, Lincoln, Oneida, Polk, Price, Rusk, Sawyer, Taylor, Vilas, Washburn
West Central Region (WCR) 890 Spruce St Baldwin WI 54002	Peter Carlson Email: peter.carlson@wisconsin.gov Phone: 715-225-2209	Adams, Buffalo, Chippewa, Clark, Crawford, Dunn, Eau Claire, Jackson, Juneau, La Crosse, Marathon, Monroe, Pepin, Pierce, Portage, St. Croix, Trempealeau, Vernon, Wood

Industrial Landspreading

Landspreading of Industrial Liquid Waste, By-Product Solids and Sludge

Commercial Fertilizer Substitute

Soil Amendments

Economical Waste Disposal Option

Public Health and Groundwater Protection

Industrial Landspreading Topics

Regional Landspreading Specialists Contact List

Wastewater

For more information, contact

Wastewater_Page Contact_Stephen Warrner

Wastewater_Page Contact_Fred Hegeman

Wastewater_Content Page_Industrial Landspreading

Industrial Landspreading

Landspreading of Industrial Liquid Waste, By-Product Solids and Sludge

Commercial Fertilizer Substitute

Soil Amendments

Economical Waste Disposal Option

Public Health and Groundwater Protection

Industrial Landspreading Topics

Regional Landspreading Specialists Contact List

Wastewater

For more information, contact