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.
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:
NR 113.08(2)(a)
(a) Low use fields for which limited soil information is available are required to have soil borings.
NR 113.08(2)(b)
(b) For all low use fields that have a high degree of variability or where a detailed soil conservation or survey maps are known to be unreliable, the department or a delegated county may require soil borings.
NR 113.08(2)(c)
(c) Additional soil borings may be required by the department when limited soil information exists or when soil information is determined to be insufficient.
NR 113.08(3)
(3)
Soil saturation determinations. Soil saturation determinations shall be conducted and reported by a soil scientist unless approved by the department.
NR 113.08 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97;
CR 20-046: am. (title), renum. (1) to (1) (a), (b) and am., am. (2) (a), cr. (2) (c), (3) Register September 2021 No. 789, eff. 10-1-21; correction in (1) (b) (intro.) made under s. 35.17, Stats., and correction in (2) (title) made under s. 13.92 (4) (b) 2. Register September 2021 No. 789. NR 113.09(1)(a)(a) Land application to a site may not exceed the maximum hydraulic loading rates specified in Table 4 or nitrogen needs of the crop.
NR 113.09(1)(b)
(b) Septage may only be applied to agricultural lands and may not be applied at rates that will supply available nitrogen at amounts greater than the agronomic need for the crop grown as calculated under sub.
(4).
NR 113.09(1)(c)
(c) Yearly loading rates listed in Table 4 may be used if the crop grown on a low use field requires 100 lbs-N/ac or more. If the crop requires less than 100 lbs-N/ac, the loadings shall be reduced in accordance with the equation under sub.
(4).
NR 113.09(2)
(2)
High use fields. The volume of septage applied annually on a high use field may not exceed the amount calculated under sub.
(4) that is necessary to supply the nitrogen needs of the crop to be grown, as determined by the analysis of soil samples. The nitrogen crop needs shall be based on the University of Wisconsin - Extension bulletin A-2809 nutrient application guidelines for field, vegetable and fruit crops in Wisconsin, dated November 2012, which is incorporated by reference and soil samples shall be collected based on the University of Wisconsin extension bulletin A-2100, sampling soils for testing, dated January 2013, which is incorporated by reference or guidance approved by the department, except as allowed under sub.
(3).
NR 113.09 Note
Note: Copies of Bulletin A-2100, dated January 2013, and 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 113.09(3)
(3)
Specific crops on high use fields. Septage may be applied to most leguminous crops at a volume sufficient to supply 200 lbs/ac of available nitrogen. If septage is applied to soybeans, the loading shall be limited to 140 lbs/ac of available nitrogen.
NR 113.09(4)
(4)
Annual agronomic rate. For the purpose of implementing this section, septage may not be applied at a rate that exceeds the following:
-
See PDF for table NR 113.09 Note
Note: Under the federal nitrogen-hydraulic formula this estimates 2.5 lbs of nitrogen per 1,000 gallons of septage.
NR 113.09 Note
Note: The landowner or farmer may be subject to compliance with s.
ATCP 50.04 (3) and s.
NR 151.07. Any application of nutrients shall be consistent with nutrient management plans under these state requirements and with any local requirements.
NR 113.09(5)
(5)
Maximum weekly loading of non-grease interceptor waste. NR 113.09(5)(a)(a)
Weekly hydraulic rates. The maximum weekly hydraulic loading rate of septage application shall be limited by soil characteristics, and application method. The maximum weekly hydraulic loading rate is limited to 13,000 gallons per acre per week except that injection and incorporation on sites of 6 percent slope or less may be increased as follows:
NR 113.09(5)(a)1.
1. For sites with predominately sandy loam, loam and silt loam, the weekly application rate may be increased with department approval to 27,000 gallons per acre per week.
NR 113.09(5)(a)2.
2. For sites with predominately clay loam, the weekly application rate may be increased with department approval to 20,000 gallons per acre per week.
NR 113.09(5)(a)3.
3. Prior to hydraulic application of septage greater than 13,000 gallons per acre per week, the licensee or WPDES permit holder shall submit a written request to the department for an increase in weekly hydraulic loading. The request shall include supporting information and be submitted under s.
NR 113.11 (1).
NR 113.09(5)(a)4.
4. After receiving a written request for an increased weekly hydraulic application rate from an applicant, the department shall determine the predominant soil texture at that site and evaluate if an increased weekly hydraulic loading rate is supported. The department, when making the determination of predominate soil texture, shall ensure the predominate soil texture within the top 12 inches of the soil profile and within the top 36 inches of the soil profile. The department shall document the evaluation in writing and provide the evaluation to the licensee or WPDES permit holder.
NR 113.09(5)(a)5.
5. When weekly application rates are approved by the department for greater than 13,000 gallon per acre per week, the department may require a management plan.
NR 113.09(5)(b)
(b)
Ponding Prohibited. Ponding of septage shall be prohibited.
NR 113.09(6)(ag)(ag) Waste from grease interceptors shall be disposed of at a department licensed sanitary landfill, discharged for treatment at a WPDES permitted POTW, land applied, or disposed or treated through some other department approved method.
NR 113.09(6)(ar)
(ar) Contents of grease interceptors that are land applied to agricultural lands shall be incorporated, injected or mixed with septage at a level not to exceed 25 percent grease interceptor wastewater and applied in accordance with sub.
(5).
NR 113.09(6)(b)
(b) The hydraulic loading rate for land application shall be limited by soil characteristics but under no conditions may exceed 4,300 gallons per acre per application for grease interceptor contents. Ponding of the grease interceptor wastewater is prohibited.
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See PDF for table
