Land application of treated wastewater can be an alternative for facilities looking to reduce water on site without discharging it to streams or rivers. And because some treated wastewater contains nutrients, it can also benefit receiving agricultural land.

Facilities need to meet certain conditions before treated wastewater can be land applied, and those conditions vary depending on the type of facility and what permits they hold through the Nebraska Department of Environment and Energy. NDEE’s NPDES and State Permits Section reviews land application plans.

NPDES stands for National Pollutant Discharge Elimination System and it is the permitting program that regulates discharges into waters of the state. One of the goals of land application is to ensure the treated wastewater does not run off into those waters.

Land application is regulated through Title 119 for community and industrial wastewater, and land application of livestock manure is regulated through Title 130. This article will focus on community and industrial requirements for land application, and requirements for livestock facilities will be published in a future article.

There are two ways facilities can be approved to land apply. The first is authorization by meeting Title 119 regulations and conditions, and the other is through an individual permit.

Typically, publicly-owned treatment works, also referred to as wastewater treatment facilities, are already permitted to land apply if they meet regulations in Title 119 – Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System. It is a common practice for lagoon facilities, which are regularly used by publicly owned treatment works.

Industrial facilities, or facilities that don’t meet Title 119 requirements, need to apply for an individual permit for land application. This is a common route for meat processing facilities, truck washes, water from filter backwashes, or non-contact water that could be put in a lagoon.

Once the NPDES Permits Section receives an individual permit application, the agency’s goal is to make sure the proposed land application is protective of public health, ground water, surface water and the soil. This means permit writers consider depth to groundwater, setbacks from wells, topography, and soil conditions before approving an application and issuing a permit.

Individual permits take about 180 days to issue, including a 30-day public notice period where the public and other interested parties may provide comment about the permit. When permits are placed on public notice, the permit, a fact sheet about the proposal, and conditions the applicant needs to follow to remain in compliance are all made available to the public.

Facilities need to provide a nutrient management plan prior to land application. This document describes best management practices that will take place. The plan is prepared by a qualified professional – such as a crop specialist, nutrient manager or an agronomist – and details how the facility will safely apply its treated wastewater. This includes requirements for land that would receive the treated water, information on how the water will be applied, setback requirements, and constituents in the wastewater.

Facilities need to work with landowners directly to develop an agreement (part of the Nutrient Management Plan) for land application. Once that agreement is in place, the facility also needs to provide NDEE with information about the site such as soil type, slope and a map that labels setbacks and wells.

For land application with nutrient-rich wastewater, the sites must have an approved nutrient budget in order to apply at the correct rate. Once the information has been reviewed, land application can begin. Facilities are also required to keep records on land application that took place throughout the year, and NDEE can place conditions on site approval. If those conditions aren’t met, the permit to land apply can be withdrawn.

When the treated wastewater is applied, it can provide irrigation for crops and reduce the use of a groundwater pivot. That water may also contain nutrients, like nitrogen or phosphorus, which can help farmers cut costs on fertilizers.

While NDEE’s focus is making sure land application of treated wastewater is protective of public health and the environment, with proper nutrient management, land application can move beyond protective and become beneficial.