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On June 6, 2024, the Wisconsin Department of Natural Resources (WDNR) issued <a href="https://dnr.wisconsin.gov/sites/default/files/topic/Wastewater/pn/LandspreadingGeneralPermits-PN.pdf">public notice</a> of its intent to reissue three Wisconsin Pollutant Discharge Elimination System (WPDES) general permits for land application of industrial wastes.

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These three permits (for land applying <a href="https://dnr.wisconsin.gov/sites/default/files/topic/Wastewater/pn/PNFinalIndLiquidWasteGP-Permit.pdf">industrial liquid waste</a>, <a href="https://dnr.wisconsin.gov/sites/default/files/topic/Wastewater/pn/PNLandspreadingofIndustrialSludgeGP-Permit.pdf">industrial sludge</a>, and <a href="https://dnr.wisconsin.gov/sites/default/files/topic/Wastewater/pn/FinalDraftLandspreadingofByProductSolids-Permit.pdf">by-product solids</a>) are intended to authorize the discharge of wastes from industrial, commercial or agricultural facilities to approved agricultural fields. The general permits are often (though not exclusively) used to authorize low-volume application of industrial wastes, to permit short-term or one-time application needs, or to address an interim need for a permit until an individual WPDES permit can be issued. Land application activities proposed to be regulated under one of the three general permits, rather than an individual WPDES permit, must meet eligibility criteria.

Having been placed on public notice, the three draft WPDES general permits are now available for public comment. Material changes to these WPDES permits are summarized in this alert. Comments on the draft permits are due by July 6, 2024.

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For all three WPDES permits on public notice, WDNR has updated  application requirements. The general permits now outline requirements for the electronic notice of intent (eNOI), review period and specific content requirements.

WDNR has made changes to conform the general permits to policy changes made in the land application program in recent years. Specifically, Section 3.3 requires that landspreading site discharge limitations be specified in the WPDES permit or management plans. This is consistent with WDNR’s requirement in recent years that approved land application sites be compiled in an appendix to the management plan and/or be incorporated by reference into the management plan.

With respect to management plans, WDNR has outlined specific content requirements for management plans in Section 7.3, leaving less discretion to permittees. The permits also specify procedures to amend the permittee’s management plan in Section 7.4.

All land application daily logs must now include landspreading date, landspreading start time, amount applied, incorporation time and incorporation date. Lastly, for all sampling points, the permittee must now specify representative sample collection procedures in the management plan as well. However, the permits clarify and confirm that monitoring is required only during periods of active landspreading.

WDNR has also updated the standard terms and conditions of all three permits, including by adding Section 9.2.7 (“Proper Operation and Maintenance”), Section 9.2.12 (“Laboratory Certification or Registration”) and Section 9.2.13 (“Effluent Limits Less than LOD or LOQ”). WDNR reports that the rationale for these changes is to ensure consistency with other WPDES general permits. In most cases, the standard terms and conditions merely restate requirements set forth in the administrative code.

Landspreading of Industrial Liquid Waste WPDES General Permit (WI-0055867-08)

Added sampling requirements for potassium (Section 6.2.1).

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The prior permit only allows landspreading on soils with a depth to groundwater or bedrock of 18-36 inches during April–September (Prior Permit Section 4.3). This requirement is not included in the new permit, though restrictions on land application of wastes on fields with soil depths of less than 36 inches may be included in land application site approvals.

Added a clause which explains that the Other Methods of Disposal or Distribution Report (Form 3400-52) could also be required as part of conditional approval to discharge industrial liquid waste to a manure storage unit under NR 214.17(1). (Section 5.4).

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Landspreading of Industrial Sludge WPDES General Permit (WI-0057657-07)

Increased sampling frequency for Outfalls 001 (“Industrial Sludge with Low Metals”) and 002 (“Industrial Sludge with High Metals”) from annual to quarterly for most parameters (Section 6.2.1-6.2.2).

Under the list of activities not covered by the permit, a new condition was included to clarify that landspreading of septage as defined in NR 113.03(55) is not covered by this permit (Section 1.2).

Added a clause which explains that the Other Methods of Disposal or Distribution Report (Form 3400-52) could also be required as part of conditional approval to discharge sludge to a manure storage unit under NR 214.06(1) (Section 5.4).

Daily logs may now record application rate in either tons/acres/day or pounds/acre/day, where the latter option is new.

Added a severability clause. This clause aims to maintain the permit’s enforceability if a portion of the Permit is held invalid or unenforceable (Section 9.2.19).

Landspreading of By-Product Solids WPDES General Permit (WI-0057665-07)

Increased sampling frequency from annual to quarterly.

Added sampling requirements for potassium.

Removed carbon-nitrogen ratio as a landspreading limit (Prior Permit Section 4.3.3).

Updated legal citation in Section 8., Item 4, related to nuisance control, to NR 214.17(4)(e)7.

With questions about these general permits, or for assistance in preparing comments to WDNR, please contact any Michael Best attorney listed below.

Incoming Michael Best associate Allison Hawkins contributed to this alert.

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Wisconsin DNR Seeks Comments on Three Draft WPDES General Permits for Land Application of Industrial Wastes

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