Thursday, October 23, 2008 12:59 PM
Subject: Wisconsin - Vernon Co. - LOCAL CONTROL sludge ordinance adopted - IN ACCORDANCE WITH
AUTHORITY GRANTED BY FEDERAL SLUDGE LAWS AND CLEAN WATER ACT
http://www.vernoncounty.org/lwcd/documents/sludgeDisposalOrdinance.pdf
Excerpts from Vernon, Wisconsin, well written, protective local control sludge ordinance . . . see
attached for complete text of the ordinance . . . THIS ORDINANCE SHOULD BE USED AS A MODEL BY ANY
COMMUNITY SEEKING TO CONTROL THE LANDSPREADING OF MUNICIPAL SEWAGE SLUDGE "BIOSOLIDS"
within their borders . . . . . .
PAGE 1 OF 9
Article Two. Authority. This chapter is adopted pursuant to the police power
granted to Vernon County by sec. 59.54 (6), Wis. Stats. Further, 40 CFR 503.5, 33
USCA 1345(e) grant authority to local government to impose more stringent
requirements on the use, disposal and land application of sewage sludge/biosolids
in order to protect public health and the environment from the adverse effect of such
sludge/biosolids.
(1) The land on which the Sludge/biosolids will be applied meets the following
criteria:
(a) The land’s average slope shall be no more than five percent and the
maximum slope shall be nine percent.
(b) The minimum soil profile between the surface and the bedrock shall
be three feet.
(c) The soils shall be absorbent to such an extent that Sludge/biosolids
shall not pond, pool, accumulate or saturate the surface soil.
(d) The land shall not have seasonally high groundwater that is at or
within thirty-six inches of the surface. The presence of such
groundwater may be established by soil mottles or other evidence.
(e) The land may not include any area that is identified as a recharge area
for a municipal or public water supply.
(2) The area on which Sludge/biosolids will be applied may not be less than
1,000 feet from the bank of a navigable stream or the ordinary high water
mark of a lake. Sludge/biosolids may not be applied in or within 1,000 feet of
a wetland, marsh, fen, swamp, bog, or vernal pond, natural drainage ways,
sinkholes.
(3) An applicant for a Sludge/biosolids permit shall submit evidence of liability
insurance which provides coverage for spills, groundwater contamination
and pollution, in an amount of at least one million dollars ($1,000,000) per
occurrence, five million dollars ($5,000,000) aggregate, which shall remain in
force during the entire period of time in which land applications occur. The
cost of cleanup from spills, groundwater contamination and pollution on
private land, land belonging to the county, and waters of the state shall be the
responsibility of the applicant. The period of liability is dictated by the period
of time required to properly close the applied treatment in accordance with
NR 214.08.
page 6 of 9
. If any sludge/biosolids spills on the roads or areas not designated for
sludge/biosolids disposal, the contractor or permittee shall
immediately and properly clean up the spill. The truck operator shall
rinse the truck tires of sludge/biosolids before driving the truck onto
public roads.
(2) The following restrictions shall apply to all land applications of
Sludge/biosolids:
(a) Spreading may not be conducted on frozen ground, ice-covered or
snow-covered ground, during rainfall or snowfall, or when the
ground is saturated from prior rainfall, snowfall or snowmelt
(b) All applications shall be injected into the soil, as opposed to being
spread on the surface.
(c) Spreading operations may not be conducted between 8:00 p.m. and
7:00 a.m., and not at all on Sunday.
(d) Prior to the commencement of land application, the applicant shall, at
the request of the owner of any water well located within 1000 feet of
the area on which land application is to occur, take a sample of the
well water and test it for the presence of coliform bacteria, metals and
other contaminants.
page 7 of 9
After sludge/biosolids has been applied, the permittee shall post a warning
sign if the area on which sludge/biosolids has been applied is less
than 500 feet from a public road.
PAGE 8 OF 9
Article Ten. Violations A Public Nuisance. In addition, any violation of this
chapter is deemed to be a public nuisance and may be abated or enjoined by the
Circuit Court irrespective of any other remedy hereinabove provided