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:
-
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.
NR 113.07(3)(b)4.
4. Septage may not be landspread on any land without the owner's permission.
NR 113.07(3)(b)5.
5. Septage shall be landspread in a manner to prevent surface runoff. Septage may not be landspread on saturated soils during rainfall events or in areas of ponded water. All landspreading fields shall be left in a litter free condition.
NR 113.07(3)(b)6.
6. Land application vehicles shall be moving forward at all times while septage is being uniformly spread. Ponding of septage is prohibited.
NR 113.07(3)(b)7.
7. Septage may not be landspread on fields that are receiving or have received POTW sludges in the last crop year.
NR 113.07(3)(b)8.
8. Septage that is land applied based on the agronomic crop requirements may not be applied more than 10 months prior to the planting of the crop.
NR 113.07(3)(b)9.
9. A minimum 2-foot wide grass strip shall be maintained at the property line down slope from all land application sites.
NR 113.07(3)(b)10.
10. Fields that are discontinued for more than one year of crop production shall be revegetated with grass or other appropriate cover.
NR 113.07(3)(b)11.a.a. Each business proposing to use a high use field shall establish the nitrogen need of the crop to be grown as determined by the analysis of soil samples.
NR 113.07(3)(b)11.b.
b. The nitrogen recommendations shall be in accordance with the University of Wisconsin - Extension bulletin A-2809 dated November 2012, which is incorporated by reference or other soil nutrient determination and soil sampling guidance approved by the department.
NR 113.07 Note
Note: Copies of Bulletin A-2809 dated November 2012 are available for inspection in the offices of the department of natural resources and the legislative reference bureau.
NR 113.07(3)(b)13.
13. Septage may not be landspread where it is likely to adversely affect a threatened or endangered species or its designated critical habitat or a historical site.
NR 113.07(3)(c)1.1. Septage may be landspread seasonally on or into soils with a seasonal high groundwater level at a depth greater than one foot but less than 3 feet from the surface if the landspreading is limited to times when the soil is not saturated within 3 feet of the surface.
NR 113.07(3)(c)2.
2. Septage may be surface applied to hay fields after the hay has been harvested but not after the new growth of hay has reached a height of 6 inches above cut height.
NR 113.07(3)(c)3.a.a. A site shall be approved by the department based on information available to the department at the time of the site request.
NR 113.07(3)(c)3.b.
b. A site approval may be rescinded if information is provided or available to the department showing the information used by the department to approve a site is not consistent with the new information and the site is deemed by the department to be inadequate to protect public health and waters of the state.
NR 113.07(3)(c)3.c.
c. The department may request a site approval to be re-reviewed when ownership issues are unclear, violations such as overapplication are identified, or other potential concerns are identified about a specific site.
NR 113.07(3)(c)3.d.
d. A site that is approved by the department or by a county and meets all the separation requirements at the time of approval may not have the site approval rescinded for separation distance encroachment by residences, businesses, or recreational areas for a period of 5 years. This 5-year period shall run from the occupancy date of the encroachment.
NR 113.07(3)(c)4.
4. Site management plans may not allow surface spreading of septage on disposal sites with a slope greater than 6 percent.
NR 113.07(3)(c)5.
5. Surface application on snow covered fields requires plowed spreading lanes (snow removal) perpendicular to the slope when the snow depth is greater than 6 inches. Plowed lanes may not be wider than 20 feet and no closer than 40 feet.
NR 113.07(3)(d)1.a.
a. The site restrictions under subd.
2. shall be met when septage is applied to agricultural land, forest, or a reclamation site.
NR 113.07(3)(d)1.b.
b. The pH of septage applied to agricultural land, forest, or a reclamation site shall be raised to 12.0 or higher by alkali addition and, without the addition of more alkali, shall remain at 12.0 or higher for 30 minutes, and the site restrictions under subd.
2. a. to
d. shall be met. When this option is utilized, each container of septage that is applied shall be monitored for compliance. For the purposes of measuring septage at a pH of 12.0 standard units, the pH shall be measured to 3 significant digits.
NR 113.07 Note
Note: To achieve accurate pH monitoring results use 3 lots of narrow range pH paper or strips with 3 distinct lot numbers, or calibrate pH meters frequently with appropriate buffer solutions.
NR 113.07(3)(d)2.
2. Pathogen reduction is achieved by all of the following site restrictions:
NR 113.07(3)(d)2.a.
a. Food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface may not be harvested for 14 months after application of septage.
NR 113.07(3)(d)2.b.
b. Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of septage when the septage remains on the land surface for 4 months or longer prior to incorporation into the soil.
NR 113.07(3)(d)2.c.
c. Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of septage when the septage remains on the land surface for less than 4 months prior to incorporation into the soil.
NR 113.07(3)(d)2.d.
d. Food crops, feed crops and fiber crops may not be harvested for 30 days after application of septage.
NR 113.07(3)(d)2.e.
e. Animals may not be allowed to graze on the land for 30 days after application of septage.
NR 113.07(3)(d)2.f.
f. Turf grown on land where septage is applied may not be harvested for one year after application of the septage when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.
NR 113.07(3)(d)2.g.
g. Public access to land with a high potential for public exposure shall be restricted for one year after application of septage.
NR 113.07(3)(d)2.h.
h. Public access to land with a low potential for public exposure shall be restricted for 30 days after application of septage.
NR 113.07(3)(e)
(e) One of the following vector attraction reduction requirements shall be met when septage is applied to agricultural land, forest, or a reclamation site:
NR 113.07(3)(e)1.
1. Septage is injected below the surface of the land such that no significant amount of the septage shall be present on the land surface within one hour after the septage is injected.
NR 113.07(3)(e)2.
2. Septage applied to the land surface shall be incorporated into the soil within 6 hours after application to or placement on the land.
NR 113.07(3)(e)3.
3. The pH of septage shall be raised to 12.0 or higher by alkali addition and, without the addition of more alkali, shall remain at 12.0 or higher for 30 minutes. When this option is utilized, each container of septage that is applied shall be monitored for compliance.
NR 113.07 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; r. and recr. (1) (b), (c), am. (1) (d) and (3) (b) 1.,
Register, January, 1999, No. 517, eff. 2-1-99; corrections in (1) (e), (g) and (2) (b) 2. made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register September 2001 No. 549; correction in (1) (e) made under s. 13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673;
CR 20-046: am. (intro.), renum. (1) (a) to (1) (a) (intro.), 2. and am., cr. (1) (a) 1., am. (1) (b) (intro.), 1. (intro.), 2., 3., (d), (e), (f) (intro.), 1. to 4., 5. (intro.), renum. (1) (g) to (1) (g) (intro.) and am., cr. (1) (g) 1. to 3., am. (3) (a), (b) 1. Table, 6., r. and recr. (3) (b) 11., am. (3) (b) 12. Table 3, (c) 2., r. and recr. (3) (c) 3., am. (3) (d) 1. a., b., 2. (intro.), (e) 3. Register September 2021 No. 789, eff. 10-1-21; correction in (1) (b) 1. a., (c) 1., (3) (b) 3., (c) 4., (e) (intro.) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.08
NR 113.08 Site and soil evaluations. NR 113.08(1)(a)(a) Soil nutrient samples, when required under s.
NR 113.07 (3) (b) 11., shall be collected pursuant to University of Wisconsin - Extension bulletin A-2809, dated November 2012, which is incorporated by reference, consistent with s.
ATCP 50.50 (2) (d) and submitted to a department of agriculture, trade and consumer protection approved laboratory for analysis.
NR 113.08 Note
Note:
Copies of Bulletin A-2809, dated November 2012, are available for inspection in the offices of the department of natural resources and the legislative reference bureau.
NR 113.08(1)(b)
(b) Morphological soil evaluations shall be conducted by a soil scientist under s.
NR 113.03 (64m), subject to all of the following requirements:
NR 113.08(1)(b)1.
1. Morphological soil evaluations are required for any of the following:
NR 113.08(1)(b)1.b.
b. Low use fields when detailed soil conservation or survey maps are not available.
NR 113.08(1)(b)2.
2. The evaluation shall include soil conditions and properties, permeability, available water capacity, depth of zones of soil saturation, depth to bedrock, slope, topography, setback requirements, and the potential for flooding.
NR 113.08(1)(b)3.
3. Evaluation data shall be reported on forms acceptable to the department and signed by the soil scientist. Reports shall be filed with the department for all sites investigated within 30 days of evaluation completion. No evaluation data may be omitted from reporting.
NR 113.08(2)
(2)
Soil borings; high and low use fields. Soil borings are required for all high use fields. Low use fields are not required to have soil borings as long as reliable detailed soil conservation or survey maps are available except as follows:
