NR 113.05(4)(a)(a) A farmer who disposes of septage on land owned or leased by the farmer is exempt from the licensing requirement under s.
281.48 (3) (d), Stats., if all of the following conditions apply:
NR 113.05(4)(a)1.
1. The septage is removed from a septic tank that is located on the same parcel of land where the septage is disposed.
NR 113.05(4)(a)2.
2. The farmer complies with all applicable statutes and rules for servicing and land application of the septage.
NR 113.05(4)(e)1.1. If a farmer is exempt under par.
(a), the department may require the farmer to provide the department with information that shows that sufficient land area is available for disposal. Land area shall meet the requirements under s.
NR 113.07 (3) (b).
NR 113.05(4)(e)2.
2. The department may provide a non-commercial registration number to allow the farmer to report POWTS servicing events required under s.
SPS 383.55 to governmental units under s.
145.01 (5), Stats., or to designated agents.
NR 113.05(4)(f)
(f) While a person may be exempted from business licensing requirements by s.
281.48, Stats., servicing shall be in conformity with this chapter.
NR 113.05(4)(g)
(g) A person that fails to comply with the requirements of this chapter is subject to enforcement under s.
NR 113.14.
NR 113.05 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (d),
Register, January, 1999, No. 517, eff. 2-1-99;
CR 20-046: am. (1) (intro.), (a), cr. (1) (c), am. (2) (intro.), (b), (3) (intro.), (d), cr. (3) (dg), (dr), (3m), renum. (4) (intro.), (a) to (4) (a) (intro.), 1. and am., r. (4) (b), renum. (4) (c) to (4) (a) 2. and am., r. (4) (d), cr. (4) (e) to (g) Register September 2021 No. 789, eff. 10-1-21; correction in (3) (dr) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.06
NR 113.06 Vehicle inspections and servicing. NR 113.06(1)(1)
Inspection. 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.
NR 113.06(2)
(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 all of the following:
NR 113.06(2)(a)
(a) 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.
NR 113.06(2)(b)1.1. 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 manure.
NR 113.06(2)(b)2.
2. Except as required under subd.
3., use of the vehicle for fire protection service, oil recovery, and industrial wastes not regulated under chs.
NR 500 to
538 or
660 to
670 is permissible if the tank is flushed or cleaned as necessary prior to and after use, provided all of the following are completed:
NR 113.06(2)(b)2.a.
a. An SOP is developed, maintained, and implemented for flushing or cleaning the tank.
NR 113.06(2)(b)2.b.
b. The flushing or cleaning activity is logged in a daily log book that includes the date, time, and disposal details of the cleaning or flushing water.
NR 113.06(2)(b)3.
3. If the vehicle is used only for treatment plant disposal activities, the vehicle is not required to be flushed or cleaned.
NR 113.06(2)(c)
(c) Vehicles and equipment shall be stored in a manner which will not cause a nuisance.
NR 113.06(2)(d)
(d) Except in any of the following cases, minimum allowable tank capacity is 1,000 gallons:
NR 113.06(2)(d)3.
3. A tank that is demonstrated by the licensed business and found by the department to be necessary and adequate.
NR 113.06(2)(e)
(e) Department approval of any trailer-mounted servicing equipment shall be on an individual basis for specific uses only.
NR 113.06(2)(f)
(f) Portable tanks or containers used for servicing, other than approved trailer-mounted servicing equipment, are prohibited. All approvable tanks or containers shall be attached to the vehicle by welding or bolts and cannot be used for containing liquids that are intended for direct contact with humans or animals. Alternative equipment proposed for use to service septage on islands shall be evaluated by the department on a case-by-case basis.
NR 113.06(2)(g)
(g) Each tank shall be strong enough for all conditions of operation, leakproof, contain inertia baffles and be designed to be kept tightly closed to prevent spillage or escape of odors while in transit or storage. Tanks shall be constructed of suitable metal or materials approved by the department and mounted permanently on a truck chassis, except where trailer-mounted equipment is approved.
NR 113.06(2)(h)
(h) Pumps shall be adequate for the required service. The installation shall be designed to prevent backflow or leakage. Connections shall be provided with caps or seals.
NR 113.06(2)(i)
(i) Discharge valves on tanks shall be watertight, capped when not in use, and constructed and located so as to permit unobstructed discharge at the place of disposal.
NR 113.06(2)(j)
(j) All servicing equipment used for surface spreading of septage shall have a splash plate or some other department approved method or device to facilitate uniform septage application.
NR 113.06(2)(k)
(k) Hoses and piping, when not in actual use, shall be stored so as to prevent leakage or dripping of septage in transit, or the ends of hoses and pipes shall be connected or sealed with tightly fitted caps or covers, or the hoses and pipes shall be cleaned with water between uses so as not to cause a nuisance by leakage or dripping of septage during transit. On vehicles used solely for servicing portable restrooms, suction hoses used for cleaning portable restrooms may alternatively be provided with two shutoff valves with one located at the tank and the other shutoff valve located on the wand end of the suction hose.
NR 113.06(2)(L)
(L) Any business subject to the requirements of this chapter shall provide or have available facilities for washing the vehicles, tanks, implements and tools. Facilities shall be designed to prevent a nuisance to the general public.
NR 113.06(2)(m)
(m) Vehicles, with the exception of vehicles used by farmers, used in servicing shall meet all of the following identification requirements:
NR 113.06(2)(m)1.
1. No person, unless exempt by statute or this chapter, may operate a vehicle used for servicing unless a valid business license sticker is prominently displayed on the rear of the vehicle servicing tank. If the servicing vehicle is used only for servicing and transporting portable restrooms and the placement of the sticker on the rear of the vehicle servicing tank prevents the sticker from being visible when transporting portable restrooms, the sticker may be applied to an alternative location on the vehicle approved by the department.
NR 113.06(2)(m)2.
2. Each licensee shall display on at least one side of the vehicle the words “Wisconsin Sanitary Licensee” and immediately under these words “License No. ” with the number of its license in the space provided with letters and numbers at least 2 inches high and all lettering and numbering shall be in distinct color contrast to its background.
NR 113.06(2)(m)2m.
2m. Each business that uses a vehicle that is used by more than one business, whether under a single owner or separate owners, shall register the vehicle under each business's license and each business license number shall be displayed on the vehicle.
NR 113.06(2)(m)3.
3. Each licensee shall display on each vehicle the capacity of the tank in gallons, in lettering and numbers at least 2 inches high in a color distinct from the background and readily visible on the rear of any vehicle used in servicing. This display requirement does not apply if the capacity of the vehicle tank is 1,000 gallons or less and the servicing vehicle is used only for servicing and transporting portable restrooms. If a vehicle carries clear water and septage, only the septage capacity shall be listed.
NR 113.06(2)(n)
(n) Starting July 1, 1997, all servicing equipment used for surface spreading of septage, including equipment in service prior to January 1, 1997, shall have a vehicle cab controlled discharge valve. New servicing equipment put into operation after January 1, 1997 shall be in conformance with this paragraph prior to use.
NR 113.06(3)
(3)
Servicing requirements. Every business engaged in servicing shall conform to the following:
NR 113.06(3)(a)
(a) The vehicles, implements and containers shall be operated in a manner that does not cause a nuisance or health hazard.
NR 113.06(3)(b)
(b) Any spill shall be cleaned up and the area restored to render it harmless to humans and animals. Spills of 50 gallons or greater shall be reported, within 24 hours, to the department by directly contacting the 24-hour spill hotline at 800-943-0003.
NR 113.06(3)(c)
(c) All of the following shall be maintained in each vehicle used in servicing:
NR 113.06(3)(c)2.
2. A written procedure for spill and accident cleanup, which shall be placed in the vehicle cab and include all of the following:
NR 113.06(3)(c)2.a.
a. Department emergency hotline contact information including the phone number of the hotline 800-943-0003.
NR 113.06(3)(c)2.b.
b. Mutual aid or equivalent contact information for removing wastes due to an accident.
NR 113.06 Note
Note: Recommended supplies and tools include all of the following: hydrated lime, bleach, disinfectant, water, pointed and flat edged shovels, a wand, a squeegee, a bucket, and other standard supplies.
NR 113.06(3)(d)
(d) Any property serviced shall be left in a sanitary condition.
NR 113.06(3)(e)
(e) All businesses servicing portable restrooms shall empty the septage from the portable restroom prior to transporting the portable restroom for any purpose. An exception may be granted by the department for portable restrooms that are permanently affixed to a trailer, an integral restroom trailer where the holding tank for the trailer is properly designed to transport wastes and so designated by the manufacturer, or other mobile structure where the design and intent is to transport the restroom with materials contained in the integral holding tank to a POTW.
NR 113.06(3)(f)
(f) Water used for flushing servicing tanks or containers shall be disposed of in the same manner as the septage. Water used for flushing servicing tanks or containers is included on daily logs under s.
NR 113.11 (3) (c).
NR 113.06 Note
Note: Water used for flushing servicing tanks or containers is not included on annual disposal reports under s.
NR 113.11 (3) (a) and
(b).
NR 113.06(3)(g)
(g) When disposing at a land application site, all of the following site related information shall be kept in the vehicle cab:
NR 113.06 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650;
CR 20-046: am. (2) (intro.), renum. (2) (b) to (2) (b) 1. and am., cr. (2) (b) 2., 3., am. (2) (d) (intro.), 1., 2., r. and recr. (2) (d) 3., am. (2) (f), (k), (m) (intro.), 1., 2., cr. (2) (m) 2m., am. (2) (m) 3., (3) (b), r. and recr. (3) (c), am. (3) (e), (f), cr. (3) (g) Register September 2021 No. 789, eff. 10-1-21. NR 113.07
NR 113.07 Disposal of septage. Every business engaged in servicing or authorizing servicing shall comply with all of the following requirements for disposal of septage:
NR 113.07(1)(a)(a) Disposal of septage shall be by discharge into a POTW or other facility for treatment or storage under a WPDES permit or to approved agricultural land, subject to all of the following:
NR 113.07(1)(a)1.
1. Septage disposal at WPDES permitted facilities shall comply with the WPDES permit requirements for that facility. An allowable WPDES permitted facility is one that meets requirements under ch.
NR 204 for septage treatment which may be defined as a centralized septage treatment facility.
NR 113.07(1)(a)2.
2. Septage from systems that have contracted for reserved capacity at a POTW shall be taken to that specific POTW.
NR 113.07(1)(b)
(b) All of the following restrictions apply to the land application of septage from non-holding tank POWTS on frozen or snow covered ground:
NR 113.07(1)(b)1.
1. Land application of septage removed from non-holding tank POWTS due to emergencies, including situations such as freeze-ups, is allowed if no other reasonable disposal methods are available. Reasonable disposal options include hauling the waste to a nearby treatment plant that will accept the septage in accordance with sub.
(2). A business using land application for disposal shall obtain special written approval in advance from the department for specific sites that may be used for emergency situations. In addition, all of the following restrictions apply:
NR 113.07(1)(b)1.c.
c. Application is not allowed within 750 feet of any surface water or wetland.
NR 113.07(1)(b)2.
2. Septage removed from non-holding tank POWTS due to a routine pumping may not be land applied during months when the ground is frozen or snow covered. Septage removed from non-holding tank POWTS shall be disposed at a POTW or stored under the requirements of this chapter.
NR 113.07(1)(b)3.
3. Except as provided under par.
(f), septage removed from non-holding tank POWTS that are regularly pumped more frequently than once every 6 months may be land applied during the months when the ground is frozen or snow covered. The restrictions under par.
(c) apply to the land application of this septage.
NR 113.07 Note
Note: During months when the ground is frozen or snow covered, the land application of waste from non-holding tank POWTS is strongly discouraged. During these months, hauling septage from non-holding tank POWTS to a POTW or storing until land application can be completed on non-frozen, non-snow covered land application sites are the preferred methods of disposal.
NR 113.07(1)(c)
(c) Except as provided in par.
(f), holding tank waste may be land applied during months when the ground is frozen or snow covered, on approved sites. The following restrictions, at a minimum, apply:
NR 113.07(1)(c)1.
1. Sites or fields used shall have slopes less than or equal to 6 percent. If slopes are greater than 2 percent but less than or equal to 6 percent, a site management plan is required.
NR 113.07(1)(c)2.
2. Waste shall be applied at a rate of less than 10,000 gallons per acre.
NR 113.07(1)(c)3.
3. Application is not allowed within 750 feet of any surface water or wetland.
NR 113.07 Note
Note: During months when the ground is frozen or snow covered, the land application of septage from holding tank POWTS is strongly discouraged. During these months, hauling septage from holding tank POWTS to a POTW or storing until land application can be completed on non-frozen, non-snow covered land application sites are the preferred methods of disposal.
NR 113.07(1)(d)
(d) Any land application of septage from holding tank POWTS or non-holding tank POWTS on frozen or snow covered ground is also subject to restrictions under sub.
(3). Injection or incorporation may be utilized while the depth of frost is less than 4 inches.
NR 113.07(1)(e)
(e) Large commercial, industrial, recreational, or residential development holding tank POWTS that singly or when added together or increased by successive additions generate 3,000 gallons of septage per day or greater shall contract with a wastewater treatment facility for treatment of the septage. The contract terms shall provide assurance that the septage from the system will continually be conveyed to, and accepted, at the wastewater treatment facility. If a service area designation exists under s.
281.41 (3), Stats., the wastewater treatment facility shall amend the service area to include the commercial, industrial, recreational or residential development. The department may not indicate sufficient disposal capacity to the department of safety and professional services, until the service area adjustments have been completed and approved.
NR 113.07 Note
Note: By agreement and administrative code, the department of safety and professional services will not issue a plan approval for a 3,000 gallons per day or greater holding tank POWTS without the department's approval of the method of wastewater disposal as provided under s.
SPS 383.22 (2) (b) 2. NR 113.07(1)(f)
(f) Disposal of wastewater from small holding tank and non-holding tank POWTS that generate less than 3,000 gallons of septage per day shall be by discharge into a POTW if any of the following conditions apply:
NR 113.07(1)(f)1.
1. The holding tank POWTS is located in the POTW's sewer service or holding tank service areas.
NR 113.07(1)(f)2.
2. The non-holding tank POWTS is located in the POTW's sewer service area.
NR 113.07(1)(f)3.
3. The holding tank POWTS is located outside the POTW's sewer service and holding tank service areas if the POTW will accept the wastewater and if the cost to the hauler is less than or equal to the costs in Table 2.
NR 113.07(1)(f)4.
4. The holding tank POWTS or non-holding tank POWTS is located outside of Wisconsin and the point at which the wastewater is conveyed into the state is within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat and dispose of the wastewater at a cost of less than or equal to the amount in Table 2.
-
See PDF for table 
NR 113.07(1)(f)5.
5. The holding tank POWTS is located within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat, and dispose of the wastewater at a cost of less than or equal to the amount in Table 2. This provision only applies to those holding tank POWTS located in any of the following counties:
