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.
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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:
NR 113.07(1)(g)
(g) The requirement under par.
(f) does not apply if any of the following conditions are met:
NR 113.07(1)(g)1.
1. Storage has been utilized and the septage from holding tank POWTS generating less than 3,000 gallons per day and non-holding tank POWTS will be land applied in accordance with a WPDES permit.
NR 113.07(1)(g)2.
2. Septage from holding tank POWTS generating less than 3,000 gallons per day and non-holding tank POWTS is treated and disposed of in accordance with a WPDES permit.
NR 113.07(1)(g)3.
3. The owner of the septic tank component of the POWTS is exempt from licensing under s.
281.48, Stats.
NR 113.07(2)(a)
(a) The following shall apply to disposal of septage for the period between April 16 and November 14:
NR 113.07(2)(a)1.
1. Licensed businesses may apply to a POTW for permission to discharge septage.
NR 113.07(2)(a)2.
2. A POTW may deny or approve an application for disposal of septage at that facility. If approved, the POTW may set conditions for disposal.
NR 113.07(2)(a)3.
3. The only requirements that licensed disposers discharge to POTWs or that POTWs accept and treat septage during nonwinter months are those in sub.
(1) (e) and
(f).
NR 113.07(2)(b)
(b) The following shall apply to disposal of septage for the period between November 15 and April 15:
NR 113.07(2)(b)1.
1. Each year, prior to September 1, licensed disposers may apply to POTWs for permission to dispose of septage during winter.
NR 113.07(2)(b)2.
2. Applications submitted to POTWs by licensed disposers are subject to review by POTWs pursuant to s.
281.49, Stats.
NR 113.07 Note
Note: Section
281.49, Stats. requires that POTW's shall:
NR 113.07 Note
1. Review septage applications and provide a written denial or approval to the licensed disposer by October 1 of each year.
NR 113.07 Note
2. Develop a disposal plan for each licensed disposer approved for septage acceptance. A disposal plan, at a minimum, shall contain the following terms and conditions:
NR 113.07 Note
a. Specific quantities, locations, times, and methods for discharge of septage into the sewerage system.
NR 113.07 Note
b. Requirements to report the source and amount of septage placed in the sewerage system.
NR 113.07 Note
c. Requirements for the licensed disposer to pay to analyze other than residential septage.
NR 113.07 Note
d. Actual and equitable disposal fees based on the septage introduced into the sewerage system and calculated at the rate applied to other users of the sewerage system, and including the costs of additional facilities or personnel necessary to accept septage at the point of introduction into the sewerage system.
NR 113.07 Note
e. All the terms and conditions imposed on the disposer of septage.
NR 113.07 Note
f. A formal approval that the licensed disposer has permission to discharge septage to a specific POTW under specific conditions.
NR 113.07 Note
3. Accept and treat septage from licensed disposers unless:
NR 113.07 Note
a. Treatment of the septage would cause the POTW to exceed its operating design capacity or to violate any applicable effluent limitations or standards, water quality standards or any other legally applicable requirements, including court orders or state or federal statutes, rules, regulations or orders; or
NR 113.07 Note
b. The septage is not compatible with the sewerage system; or
NR 113.07 Note
c. The disposer has not applied for and received approval to dispose of septage in the sewerage system or the disposer fails to comply with the disposal plan; or
NR 113.07 Note
d. The licensed disposer fails to comply with septage disposal rules promulgated by the POTW or the conditions of the disposal plan in subd. 2.
NR 113.07(2)(c)
(c) Licensed disposers shall cooperate with POTW's in the implementation of a septage acceptance priority system pursuant to s.
NR 205.07 (2) (e).
NR 113.07 Note
Note: The priority system for septage acceptance at POTW's in s.
NR 205.07 (2) (e) is as follows:
NR 113.07 Note
1. `First priority.' Wastes from existing or new holding and septic tanks within the POTW's sewer service area and holding tanks within the POTW's holding tank service area.
NR 113.07 Note
2. `Second priority.' Wastes from existing holding tanks for residential or commercial establishments outside the POTW's sewer service area and holding tank service area but inside the POTW's planning area where the holding tank was installed to replace an inadequate private sewerage system.
NR 113.07 Note
3. `Third priority.' Wastes from existing septic tanks and holding tanks that were installed not as a replacement to an inadequate sewer system for residential or commercial establishments outside the POTW's sewer service and holding tank service areas but inside the POTW's planning area.
NR 113.07 Note
4. `Fourth priority.' Wastes from new or existing septic and holding tanks for residential or commercial establishments outside the POTW's planning area.
NR 113.07(3)(a)(a) No business may dispose of septage by a land application method unless the land application is done in accordance with this chapter and is consistent with the grade designation of the operator-in-charge.
NR 113.07 Note
Note: Any business disposing of septage by a land disposal method may be subject to the provisions of ch.
160, Stats., and ch.
NR 140, if an analysis of the groundwater beneath the disposal field indicates groundwater contamination.
NR 113.07(3)(b)1.1. Septage may not be landspread on soils which have a permeability rate greater than 6 inches per hour within the top 36 inches, unless it is demonstrated that the soil has a water holding capacity of greater than 5 inches above the groundwater and bedrock. In no case may greater than the top 60 inches in a soil profile be used to determine the 5 inches of water holding capacity. Permeability shall be calculated using the following table or other method acceptable to the department:
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See PDF for table NR 113.07(3)(b)2.
2. Septage may not be surface applied on soils that have a permeability of less than 0.2 inches per hour within the top 6 inches of soil.
NR 113.07(3)(b)3.
3. Septage may not be landspread or discharged into or on any wetlands or in areas subject to ponding, including any ditch, dry run, pond, lake, stream, flowage, floodplain, cave, sinkhole, mine, gravel pit, or quarry.
