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NR 113.03(34h) (34h) “Master operator” means a certified operator who has met the requirements under s. NR 114.18 (2) and holds a valid Wisconsin master operator certification for servicing septage.
NR 113.03(34p) (34p) “Natural resources conservation service” or “NRCS” means United States department of agriculture, natural resources conservation service, formerly known as soil conservation service, or SCS.
NR 113.03(34t) (34t) “Non-holding tank POWTS” means POWTS or POWTS components, excluding a holding tank.
NR 113.03(35) (35)“Nuisance" means any source of filth or probable cause of sickness not in compliance with this rule.
NR 113.03(35g) (35g) “Nutrients” means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes, or other sources.
NR 113.03(35r) (35r) “Operator-in-charge” or “OIC” means the master operator who has been designated by the owner to be responsible for the operation of a septage servicing business.
NR 113.03(36) (36)“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.
NR 113.03(37) (37)“Pasture crop" means a crop such as legumes, grasses, grain stubble, or stover which is consumed by animals while grazing.
NR 113.03(38) (38)“Pathogens” means disease causing organisms. This includes certain bacteria, protozoa, viruses and viable helminth ova.
NR 113.03(39) (39)“Permeability" means the rate of movement of liquid through the soil.
NR 113.03(39m) (39m) “pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Centigrade or measured at another temperature and then converted to an equivalent value at 25 degrees Centigrade.
NR 113.03(40) (40)“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.
NR 113.03(41) (41)“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.
NR 113.03(42) (42)“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.
NR 113.03(42m) (42m) “Private onsite wastewater treatment system” or “POWTS” has the meaning given under s. 145.01 (12), Stats.
NR 113.03(43) (43)“Privy” means an enclosed nonportable toilet into which human wastes not carried by water are deposited to a subsurface storage chamber that may or may not be watertight. This includes all of the following:
NR 113.03(43)(a) (a) Pit privy for which a cavity in the ground is constructed for toilet uses and receives human excrement to be partially absorbed directly by the surrounding soil.
NR 113.03(43)(b) (b) Vault privy in which human excrement is stored for decomposition and periodic servicing.
NR 113.03(44) (44)“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.
NR 113.03(45) (45)“Publicly owned wastewater treatment work" or “POTW" has the meaning specified in s. NR 211.03 (11).
NR 113.03(46) (46)“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.
NR 113.03(47) (47)“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.
NR 113.03(48) (48)“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.
NR 113.03(50) (50)“Recreational site" means a designated area clearly identified and maintained for the purpose of providing an opportunity for recreational activity.
NR 113.03(51) (51)“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.
NR 113.03(52) (52)“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.
NR 113.03(53) (53)“Seepage pit" means an underground receptacle so constructed as to allow disposal of effluent by soil absorption through its floor and walls.
NR 113.03(54) (54)“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.
NR 113.03(55) (55)“Septage” means the scum, liquid, sludge, or other waste in any of the following:
NR 113.03(55)(a) (a) A septic or holding tank, dosing chamber, grease interceptor, seepage bed, seepage pit, seepage trench, distribution cell, or other component of private onsite wastewater treatment systems.
NR 113.03(55)(b) (b) A privy or portable restroom.
NR 113.03(56) (56)“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.
NR 113.03(56m) (56m) “Service shop” means a shop from which septage servicing is dispatched.
NR 113.03(57) (57)“Service” or “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, distribution cells, privies, or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.
NR 113.03(57m) (57m) “Sewage” has the meaning given under s. 281.01 (13), Stats.
NR 113.03(58) (58)“Site" means property consisting of one or more fields used for the recycling, disposal, or storage of septage.
NR 113.03(58m) (58m) “Site evaluation” means an evaluation of land slope, topographic or other features, or other limiting characteristics.
NR 113.03(59) (59)“Site management" means the physical manipulation of site characteristics to minimize the potential of septage runoff during the spring thaw or rainfall events.
NR 113.03(60) (60)“Soil” means the naturally occurring pedogenically developed and undeveloped regolith overlying unconsolidated material that overlies bedrock.
NR 113.03(61m) (61m) “Soil evaluation” means a field observation and report of soil morphology including a map showing locations of each soil evaluation.
NR 113.03(62m) (62m) “Soil morphology” means the physical or structural characteristics of a soil profile, particularly as related to the arrangement of soil horizons based on color, texture, structure, consistence, and porosity.
NR 113.03(63) (63)“Soil profile" means the vertical arrangement of unconsolidated materials into distinct layers or horizons which overlie the bedrock.
NR 113.03(64) (64)“Soil saturation" means that the soil pore space is filled with water.
NR 113.03(64m) (64m) “Soil scientist” means a person that meets any of the following criteria:
NR 113.03(64m)(a) (a) Holds a professional soil scientist license issued under ch. GHSS 4.
NR 113.03(64m)(b) (b) Holds a certified soil tester classification from DSPS issued under ch. SPS 305.
NR 113.03(64m)(c) (c) Holds a bachelor of science degree in soil science from a 4-year accredited college.
NR 113.03(64m)(d) (d) Is a certified professional soil scientist in good standing with the American society of agronomy.
NR 113.03(65) (65)“Spill” means the uncontrolled discharge, dumping, or leaking of any septage or any of its constituents that may be emitted into the air, be discharged into any waters of the state, or otherwise enter the environment.
NR 113.03(65m) (65m) “Standard operating procedure” or “SOP” means a set of step-by-step instructions compiled by a business to help workers carry out complex routine operations.
NR 113.03 Note Note: SOPs aim to achieve efficiency, quality output, and uniformity of performance, while reducing miscommunication and non-compliance with industry regulations. SOPs may be part of a land management plan.
NR 113.03(66) (66)“Surface application" means spreading septage on the surface of the land without mixing the septage with the soil.
NR 113.03(67) (67)“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.
NR 113.03(68) (68)“Threatened or endangered species" are those species defined under ch. NR 27.
NR 113.03(68m) (68m) “Uniform application” means evenly spreading septage over a site through the use of a splash plate, injector, or other department approved spreading method.
NR 113.03(69) (69)“Vector attraction" means the characteristics of septage that attract rodents, flies, mosquitos, or other organisms capable of transporting infectious agents.
NR 113.03(70) (70)“Violation" means a failure to comply with any provision of this chapter.
NR 113.03(71) (71)“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.
NR 113.03(72) (72)“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.
NR 113.03(73) (73)“Wisconsin soil testing program" means the soil analysis and fertilizer recommendation program established by the university of Wisconsin-extension through the soil science department.
NR 113.03(74) (74)“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, distribution cells, privies, or portable restrooms, issued by the department under s. 281.48 (3), Stats.
NR 113.03 History 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; CR 20-046: am. (6) Table, renum. (7) to (7) (intro.) and am., cr. (7) (a), (b), (8m), am. (9), r. (11), cr. (13m), am. (15), cr. (16m), am. (24), (25), cr. (26m), r. (29), am. (31), cr. (31m), am. (32), cr. (33m), am. (34), cr. (34d) to (34t), (35g), (35r), am. (38), cr. (39m), (42m), r. and recr. (43), r. (49), renum. (55) to (55) (intro.) and am., cr. (55) (a), (b), (56m), am. (57), cr. (57m), (58m), am. (60), r. (61), cr. (61m), r. (62), cr. (62m), (64m), am. (65), cr. (65m), (68m), am. (74) Register September 2021 No. 789, eff. 10-1-21; correction in (1), (2), (8), (37), (42), (44), (51), (55) (intro.), (57), (69), (71) made under s. 35.17, Stats., and correction in (4m) (b) made under s. 13.92 (4) (b) 12., Stats., Register September 2021 No. 789.
NR 113.04 NR 113.04General requirements.
NR 113.04(1)(1)License requirements. 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. A business shall adhere to all of the following:
NR 113.04(1)(a) (a) A valid business license is required for a business to continue septage servicing operations.
NR 113.04(1)(b) (b) For a business to continue servicing, the designated operator-in-charge shall possess a valid master operator certification otherwise the business shall designate a replacement operator-in-charge with a valid master operator certification.
NR 113.04(1)(c) (c) A vehicle used by different businesses, under a single owner or separate owners, shall be registered under each business license and each business license number shall be displayed on the vehicle.
NR 113.04(1)(d) (d) A business license is not transferable between businesses. A business license may remain with a business or business entity when the business or business entity transfers ownership. If only assets of the business entity are transferred, a new business license is required.
NR 113.04(1)(e) (e) Each business shall have a unique business license issued under s. NR 113.05 for any service shop that is more than 25 miles from another service shop owned by that business.
NR 113.04(2) (2) Changes. 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, change of owner, or change of operator-in-charge.
NR 113.04(3) (3) Disposal. 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), Stats.
NR 113.04 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; CR 20-046: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (e), am. (2) Register September 2021 No. 789, eff. 10-1-21.
NR 113.05 NR 113.05Licensing.
NR 113.05(1)(1)Initial licensure; applicant requirements. Applicants for licensure shall meet all of the following requirements:
NR 113.05(1)(a) (a) Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall clearly denote the owner and legal entity applying for the business license. The application shall designate an operator-in-charge for the business in accordance with ch. NR 114 and that operator-in-charge shall possess a valid master operator certification for the duration of the business license period. License fees under par. (b) shall accompany each application.
NR 113.05 Note Note: Application forms are available at department offices.
NR 113.05(1)(b) (b) 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:
NR 113.05(1)(c)1.1. The department shall request a non-delinquency certificate from the departments of children and families, revenue, and workforce development under ss. 49.857, 73.0301, and 108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.
NR 113.05(1)(c)2. 2. If the department receives notice that a non-delinquency certificate cannot be issued from the department of children and families, the department of revenue, or the department of workforce development, the application shall be denied. - See PDF for table PDF
NR 113.05(2) (2) Initial licensure; department requirements. Prior to issuance of a license, the department shall ensure that all of the following requirements are met:
NR 113.05(2)(a) (a) 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.
NR 113.05(2)(b) (b) Each designated operator-in-charge shall obtain a master operator certification as required under ch. NR 114.
NR 113.05(2)(c) (c) Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.
NR 113.05(2)(d) (d) 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.
NR 113.05(3) (3) License renewal. All licenses expire on June 30 on a biennial basis. Businesses seeking license renewal shall meet all of the following renewal requirements:
NR 113.05(3)(a) (a) 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.
NR 113.05(3)(b) (b) 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).
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.