“Hydraulic loading rate" means the volume of waste discharged per unit area per unit time.
“Incorporation" means the mixing of septage with topsoil, by methods such as discing, mold-board plowing, chisel plowing or rototilling to a minimum depth of 4 inches.
“Industrial wastes" means industrial wastes which are biodegradable and of animal or plant origin, and includes suspended solids which are in a fluid or semifluid or solid state and are not regulated by chs. NR 214
“Injection" means the subsurface placement of septage to a depth of 4 to 12 inches.
“Land application" or “landspreading" means the spraying or spreading of septage onto the land surface, the injection of septage below the land surface, or the incorporation of septage into the soil, so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil.
“Land with a high potential for public exposure" means land that the public uses frequently or may readily come in contact with and has received land application of septage or septage byproducts within the last 12 months. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms and golf courses.
“Litter free" means the absence of nonbiodegradable material such as plastics or glass of 2 inches or greater in length on the soil surface.
“Low use field" means a field that receives 3 or less complete applications of septage per year.
“Nuisance" means any source of filth or probable cause of sickness not in compliance with this rule.
“Parcel of land" means property that is contiguous and under the same ownership interest.
NR 113.03 Note
Note: If a farmer owns a parcel of land that is split or divided by a public or private road or a railroad, the land on the other side of the road will be considered part of the same parcel of land.
“Pasture crop" means a crop such as legumes, grasses, grain stubble or stover which is consumed by animals while grazing.
“Pathogens" means disease causing organisms. This includes, but is not limited to, certain bacteria, protozoa, viruses and viable helminth ova.
“Permeability" means the rate of movement of liquid through the soil.
“Ponding" means the presence of free liquid over an area of 4 square feet or more, visible 2 hours after application of the septage. An example of a 4 square foot area would be an area 4 feet by 1 foot.
“Portable restroom" means fixtures, incorporating holding tank facilities, designed to directly receive human excrement. Portable restrooms are self-contained units, may be designed for one or more person's use at a given time and are readily transportable.
“Posting" means the placement of signs on the perimeter of a site or field that contain a notice of septage application, name, address and telephone number of the hauler spreading the septage and are spaced not more than 500 feet apart.
“Privy" means a cavity in the ground or a portable above-ground device constructed for toilet uses which receives human excrement either to be partially absorbed directly by the surrounding soil or stored for decomposition and periodic removal.
“Public contact site" means land with a high potential for contact by the public. Some examples include public parks, ball fields, cemeteries, plant nurseries, turf farms and golf courses.
“Publicly owned treatment works holding tank service area" means the area outside the POTW's sewer service area, where the area has a contract for service with the POTW to provide permanent service and the area has been added to the POTW's service area.
“Publicly owned treatment works planning area" means the area delineated in map form in which the service area delineation for a specific POTW is being or has been prepared to cover.
“Publicly owned treatment works sewer service area" means the area presently served and anticipated to be served by a sewage collection system as approved under ch. NR 121
or as a facility planning effort done under ch. NR 110
, if no ch. NR 121
designation has been made.
“Reclamation site" means drastically disturbed land that is reclaimed. This includes, but is not limited to, strip mines and construction sites.
“Recreational site" means a designated area clearly identified and maintained for the purpose of providing an opportunity for recreational activity.
“Restricted public access" means private property or the limiting of entry for a period of time by means such as signs, traditional agricultural fencing or remote location.
“Seepage bed" means an excavated area larger than 5 feet in width which contains a bedding of aggregate and has more than one distribution line so constructed as to allow disposal of effluent by soil absorption.
“Seepage pit" means an underground receptacle so constructed as to allow disposal of effluent by soil absorption through its floor and walls.
“Seepage trench" means an area excavated one to 5 feet in width which contains a bedding of aggregate and a single distribution line so constructed as to allow disposal of effluent by soil absorption.
“Septage" means the wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms.
“Septic tank" means a tank which receives and partially treats sewage through processes of sedimentation, oxidation, flotation and bacterial action so as to separate solids from the liquid in the sewage and discharges the liquid to a soil absorption system.
“Servicing" means removing the scum, liquid, sludge or other wastes from a private sewage system such as septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.
“Site" means property consisting of one or more fields used for the recycling, disposal or storage of septage.
“Site management" means the physical manipulation of site characteristics to minimize the potential of septage runoff during the spring thaw or rainfall events.
“Soil" means the unconsolidated material which overlies bedrock.
“Soil conservation practice" means a measure used to retain surface water and soil on agricultural fields including, but not limited to, contour strip cropping, terracing and grassed waterways.
“Soil conservation service" or “SCS" means United States department of agriculture, soil conservation service, or natural resources conservation service (NSRC).
“Soil profile" means the vertical arrangement of unconsolidated materials into distinct layers or horizons which overlie the bedrock.
“Soil saturation" means that the soil pore space is filled with water.
“Spill" means the uncontrolled discharge, dumping or leaking of any septage so that 50 gallons or more of septage or any of its constituents may be admitted into the air, be discharged into any waters of the state or otherwise enter the environment.
“Surface application" means spreading septage on the surface of the land without mixing the septage with the soil.
“Surface water" means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, marshes, water courses, drainage systems and other surface water, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and completely retained upon the property of a facility.
“Threatened or endangered species" are those species defined under ch. NR 27
“Vector attraction" means the characteristics of septage that attract rodents, flies, mosquitos or other organisms capable of transporting infectious agents.
“Violation" means a failure to comply with any provision of this chapter.
“Wetlands" means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils or vegetation indicative of wet conditions.
“Wisconsin pollutant discharge elimination system permit" or “WPDES permit" or “permit" means a permit issued by the department under ch. 283, Stats.
, for the discharge of pollutants.
“Wisconsin soil testing program" means the soil analysis and fertilizer recommendation program established by the university of Wisconsin-extension through the soil science department.
“Wisconsin sanitary license" means a license to service private sewage systems such as septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms, issued by the department pursuant to s. 281.48 (3)
NR 113.03 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97; correction in (29) made under s. 13.92 (4) (b) 7.
, Stats., Register February 2010 No. 650
No business, unless exempted by statute, may engage in servicing unless the vehicle and equipment used have been initially inspected by the department and issued a license indicating conformity with all requirements of this chapter. A business license fee is based on the number of vehicles used by the business.
NR 113.04 Note
Farmers are exempted from the above business licensing requirements by s. 281.48
, Stats., however, servicing by farmers shall be in conformity with this chapter.
Every business required to be licensed by this chapter shall notify the department in writing within 15 days of any change in address, change of servicing vehicle or change of owner.
No vehicle operator or person may dispose of or recycle septage unless done in accordance with this chapter or under county authority approved by the department under s. 281.48 (5m)
NR 113.04 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97.
Initial licensure; applicant requirements.
Applicants for licensure shall meet the following requirements:
Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall designate an operator-in-charge for the business in accordance with ch. NR 114
. License fees in par. (b)
shall accompany each application.
NR 113.05 Note
Note: Application forms are available at department offices.
All licenses issued under this section for a period beginning before July 1, 1997, are issued on an annual basis and shall expire June 30 each year. All licenses issued under this section for a period beginning after June 30, 1997, are issued on a biennial basis and shall expire June 30 in every odd-numbered year. For a license to a state resident, for each vehicle used for servicing, the fee is $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997. For a license to a nonresident, for each vehicle used for servicing, the fee is $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. In addition to the initial license fee, a groundwater fee of $50 for each business for a period beginning before July 1, 1997, or $100 for a period beginning after June 30, 1997, shall be submitted for credit to the groundwater fund. The fee schedule is as follows:
- See PDF for table
(2) Initial licensure; department requirements.
Prior to issuance of a license, the department shall assure that the following requirements are met:
The department shall inspect the servicing equipment and operating procedures. The vehicle business license sticker may not be issued if the equipment is not in compliance with this chapter.
Each designated operator in charge shall pass an oral or written operator certification examination under ch. NR 114
Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.
Within 30 working days of receipt of a complete business license application, the department shall take action by either approving or denying the license application.
(3) License renewal.
Prior to July 1, 1997, all licenses expire on June 30 on an annual basis. On or after July 1, 1997, all licenses expire on June 30 on a biennial basis. Businesses seeking license renewal shall meet the following renewal requirements:
Application for renewal shall be filed with the department on or before June 1, at least one month prior to expiration, and if filed after that date, a late fee of $25 shall be charged in addition to the renewal fee. Anyone servicing systems without a current business license under this section, unless exempt by statute, is subject to the penalties in s. NR 113.14
and s. 281.48
, Stats. Payment of a late fee does not relieve a violator from being subject to penalties. The renewal application shall designate an operator-in-charge for the business who is properly certified under ch. NR 114
The renewal fee and the groundwater fee shall accompany the renewal application. The renewal fee and groundwater fee are the same as for initial licensure in accordance with sub. (1) (b)
Prior to renewal, servicing equipment shall be made available at least once every 2 years for an inspection by the department or by a department approved inspector. A vehicle sticker may not be issued if the equipment is found to be unsatisfactory or is not in compliance with this chapter. The department may not renew a business license for a business that does not have at least one vehicle meeting these requirements.
The department may not issue or renew a license for a business which has violations, as summarized in the following table, for the following; ss. NR 113.04 (1)
, 113.05 (3)
, 113.06 (1)
, 113.07 (1)
, 113.11 (1)
and s. 29.601
, Stats., during the last license period. The department may not reissue a license for a period of at least one year after revocation.
- See PDF for table
Within 30 working days of the receipt of a completed license renewal application, the department shall take action by either approving or denying the license renewal application.
A farmer, or his or her designee, who disposes of septage on land owned or leased by the farmer, is exempt from the licensing requirements of this section if all of the following apply:
The septage is removed from a septage system that is located on the same parcel of land on which the septage is disposed.
No more than 3,000 gallons of septage per week are disposed of on the same parcel of land.
The farmer, or his or her designee, complies with all statutes and rules applicable to servicing.
The farmer has sufficient land that is suitable for septage disposal.
NR 113.05 Note
Note: Farmers eligible for the farmer exemption are still required to meet all land application and servicing requirements of this chapter.
NR 113.05 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97; am. (3) (d), Register, January, 1999, No. 517
, eff. 2-1-99.
NR 113.06 Vehicle inspections and servicing. NR 113.06(1)(1)
Any business engaged in servicing shall allow the equipment to be used for servicing to be inspected upon request and at any reasonable time and place, as may be designated by the department.
(2) Equipment requirements.
Vehicles and operations shall conform to this chapter and vehicles shall display a license sticker in accordance with par. (m) 1.
All vehicles and equipment used in servicing shall conform to the following:
All vehicles and all equipment used in servicing shall be maintained in operational condition and in conformance with this chapter at all times during use in servicing.
The vehicles and implements used in servicing shall routinely be used for no other purpose except the hauling or servicing of septage, grease interceptors, municipal wastewater treatment sludges or animal wastes. However, use of the vehicle for fire protection service, oil recovery and industrial wastes not regulated under chs. NR 660
is permissible if the tank is flushed or cleaned as necessary prior to and after use.
Vehicles and equipment shall be stored in a manner which will not cause a nuisance.
The minimum allowable tank size is 1000 gallons, with the following exceptions:
A smaller tank may be used where found necessary and adequate by the department.