NR 113.09 Note
2 If the crop grown on a low use field requires less than 100 lbs N/ac, the max. annual hydraulic loading that is permitted is based on the annual agronomic application rate in sub. (4).
NR 113.09 Note
3 Weekly application rates may be increased over the standard rate of 13,000 gallon per acre per week under sub. (5) (a).
NR 113.09 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97;
CR 20-046: renum. (1) to (1) (b), (c) and am., cr. (1) (a), am. (2), (4), r. and recr. (5), renum. (6) (intro.), (a) to (6) (ag), (ar) and as renumbered, am. (6) (ag), am. (6) (b) Table 4 Register September 2021 No. 789, eff. 10-1-21; correction in (6) (ar) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.10(1)(1)
A county may request the authority from the department to regulate land disposal of septage under this chapter.
NR 113.10(2)
(2) A county request shall include all of the following:
NR 113.10(2)(a)
(a) A complete description of the proposed county-wide program.
NR 113.10(2)(b)
(b) The proposed county-wide septage ordinance and regulations, which shall be consistent with this chapter and s.
281.48, Stats., and shall be applied uniformly to the entire county.
NR 113.10(2)(c)
(c) Plans for personnel, budget, equipment, records system, and forms.
NR 113.10(2)(d)
(d) Authority and capability to regulate and enforce the proposed regulatory program.
NR 113.10(2)(e)
(e) A description of the mechanism for generating money to finance the regulatory program.
NR 113.10(2)(f)
(f) A description of the records system, which shall include field locations, field tests, field owners, field users, loading rates, county inspection, annual field licenses, and enforcement actions.
NR 113.10(3)
(3) The department shall complete all of the following:
NR 113.10(3)(a)
(a) Investigate the capability of the county to successfully implement the proposed regulatory program.
NR 113.10(3)(b)
(b) Approve, conditionally approve, or deny the proposed county regulatory program. Department action shall be based on the county's capability to successfully implement the proposed regulatory program.
NR 113.10(3)(d)
(d) Monitor and evaluate the performance of any county that implements an approved county-wide land disposal regulation program. Evaluation of county efforts shall be conducted after the first 12 months but before 18 months of approval of the county program. If the county is found to be performing satisfactorily, then future evaluations shall be once every 2 years. If a county fails to adequately enforce the septage disposal ordinance, the department shall conduct a public hearing in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance. If the department determines that the county has failed to adequately enforce the septage disposal ordinance, the department shall by order require modifications of the county program administration or revoke the authority of the county to adopt and enforce a septage disposal ordinance. At any time after the department issues an order under this paragraph, a county may submit a new application under sub.
(1). The department may enforce this section and rules adopted under this section in any county which has adopted a septage disposal ordinance.
NR 113.10(3m)
(3m) The department may in no case delegate authority for the issuance of WPDES permits for the management of septage storage facilities, under s.
NR 113.12 or centralized septage treatment facilities under ch.
NR 204.
NR 113.10(4)
(4) No county septage ordinance may void existing contracts between a holding tank system owner and a POTW.
NR 113.10(5)
(5) No county may direct the disposal of wastewater from large holding tank POWTS from a POTW that is presently accepting the wastewater for treatment to another POTW without the consent of both POTWs and the owner of the holding tank POWTS.
NR 113.10 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2001 No. 549;
CR 20-046: am. (2) (intro.), (a), (c) to (f), (3) (intro.), (a), (b), renum. (3) (c) to (3m) and am., am. (5) Register September 2021 No. 789, eff. 10-1-21. NR 113.11(1)(1)
Site information. A business shall only apply septage to land application sites that meet the requirements of this chapter. Each business disposing of septage to a land application site shall, at least 7 days prior to using a land application site, submit all of the following to the department or its designee:
NR 113.11(1)(a)
(a) Plat map or aerial photograph or U.S. geologic survey topographic map with the field outlined and a scale attached for easy reference.
NR 113.11(1)(b)
(b) Detailed soil survey map with the field outlined, if available, or soil investigation data as required in s.
NR 113.08. Soil investigation data as required in s.
NR 113.08 shall be collected, validated and signed by a soil scientist.
NR 113.11(1)(c)
(c) Completed land application site and evaluation reports.
NR 113.11(1)(cg)
(cg) Proof of ownership of property and a landowner's signed statement accepting septage onto the site.
NR 113.11(1)(cr)
(cr) Completed department land application site request form 3400-053.
NR 113.11 Note
Note: The land application site request form is available by contacting the department of natural resources, water quality bureau, P.O. Box 7921, Madison, WI 53707-7921 or by making a request through a regional septage coordinator.
NR 113.11(1)(d)
(d) Any other information required by the department to make a determination on the adequacy of the proposed site.
NR 113.11(2)
(2)
Exception to the 7-day submittal requirement for farms. NR 113.11(2)(a)(a) A farmer who generates septage from a septic tank on that farm may land apply the septage from that septic tank on that farm provided the farmer has proven to the department that adequate land is available for land application under s.
281.48 (4m), Stats.
NR 113.11(2)(c)
(c) The farmer shall record in the log book system all information required by the department under sub.
(3) (b).
NR 113.11(2)(d)
(d) The farmer shall comply with all applicable statutes and rules in removing and disposing of septic tank waste under s.
281.48 (4m), Stats.
NR 113.11(2)(e)
(e) The farmer shall report to the governmental unit under s.
145.01 (5), Stats., or designated agent all servicing events under s.
SPS 383.55. Service event reporting requires providing the governmental unit or designated agent with a registration number. The non-commercial registration number is provided by the department when the farmer proves to the department that sufficient land is available under s.
281.48 (4m), Stats.
NR 113.11(3)
(3)
Record keeping and reporting information. Each business engaging in septage servicing shall submit or keep all of the following information on department approved forms, as indicated in this subsection, and submit it to the department or its designee:
NR 113.11(3)(a)
(a)
Annual submittals for land application. An annual land application report that includes all of the following shall be submitted annually to the department, on electronic forms provided by the department by January 31, following the calendar year in which land application occurs by those businesses that land apply:
NR 113.11(3)(a)1.
1. Completed records of the fields used, gallons, and type of septage applied on each field and number of acres used.
NR 113.11 Note
Note: Department form 3400-55 is provided for this purpose. The online form generated for each business is accessed through the Wisconsin web access management system (WAMS) and using the department switchboard identification information issued to the business.
NR 113.11(3)(a)2.
2. Crop grown on each field used and its yearly nitrogen requirement.
NR 113.11(3)(a)3m.
3m. Documentation of the application of nutrients from all other sources.
NR 113.11(3)(b)
(b)
Annual submittals for other methods of septage disposal. An other method of disposal or distribution report that includes all of the following shall be submitted annually to the department on electronic forms provided by the department by January 31, following the calendar year in which the disposal of septage occurs:
NR 113.11(3)(b)2.
2. The name and permit or license number of the receiving facility, if applicable.
NR 113.11 Note
Note: Department form 3400-52 is provided for this purpose. The online form generated for each business is accessed through the Wisconsin web access management system (WAMS) and using the department switchboard identification information issued to the business.
NR 113.11(3)(c)
(c)
Vehicle log book or invoice records system. Each licensed business and any person who services a septage system shall keep all of the following records and make these records available to department representatives upon request:
NR 113.11(3)(c)1.
1. Each vehicle operator shall have and maintain a daily log book or invoice records system for that vehicle.
NR 113.11(3)(c)2.
2. Vehicle copies of daily log books and invoice records systems shall meet any of the following requirements:
NR 113.11(3)(c)2.a.
a. Daily log books and invoice records systems shall be kept in the vehicle for a minimum of 2 days after servicing a system, except as provided under this subd.
2. b. NR 113.11(3)(c)2.b.
b. Daily log books and invoice records systems are not required to be kept inside the vehicle if the vehicle is solely used for servicing portable restrooms, the records are available at the business location, and the records are made available to the department representatives upon request.
NR 113.11(3)(c)3.
3. Daily log books and invoice records systems shall, at a minimum, contain all of the following information:
NR 113.11(3)(c)3.a.
a. Name, address, and identifying description of service location. If an address does not exist, alternate identifying information to record the location shall be provided.
NR 113.11(3)(c)3.d.
d. Gallons collected. The records for vehicles used solely for servicing portable restrooms shall record the total gallons collected at each service location.
NR 113.11(3)(c)3.g.
g. Written certification by the designated operator-in-charge and vehicle operator as required under this subd.
7. NR 113.11(3)(c)3.h.
h. A description or SOP of how the pathogen reduction requirements are met.
NR 113.11(3)(c)3.i.
i. A description or SOP of how the vector attraction reduction requirements are met.
NR 113.11 Note
Note: Examples of alternate identifying location information include GPS coordinates, county parcel identification and legal description, written description, distance, and location from an identifiable landmark
NR 113.11(3)(c)4.
4. Lime purchase receipts if surface spreading with alkaline stabilization is the selected method for meeting the pathogen and vector attraction reduction requirements.
NR 113.11(3)(c)5.
5. Actual annual hydraulic and nitrogen application rates shall be retained.
NR 113.11(3)(c)6.
6. All servicing records (log book or invoice records) shall be kept on file and available for inspection for a period of 5 years.
NR 113.11(3)(c)7.
7. The written certifications of daily logs and invoice system shall include any of the following, as applicable:
NR 113.11(3)(c)7.a.
a. For a business that land applies septage for disposal purposes, the pathogen and vector attraction reduction certification statement shall read as follows: “I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements under [insert either s.
NR 113.07 (3) (d) 1. a. or
NR 113.07 (3) (d) 1. b.] and the vector attraction reduction requirement under [insert s.
NR 113.07 (3) (e) 1.,
NR 113.07 (3) (e) 2., or
NR 113.07 (3) (e) 3.] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification.”
NR 113.11 Note
Note: A business may insert multiple references to pathogen and vector attraction requirements within the written certification statement correlating to the business operations.
NR 113.11(3)(c)7.b.
b. For a business that does not land apply, a written certification is not required.
NR 113.11(3)(c)8.
8. A signed and dated certification statement shall be included with each day's logs and records. This requirement may be satisfied by including annual signed and dated certification statements with all daily logs and annual year-to-date loading summaries.
NR 113.11(3)(c)9.
9. Daily logs, other records, and additionally required information may be maintained in electronic format by the business and shall meet the requirements of this chapter.
NR 113.11 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (intro.), (a) and 1., 3., renum. (3) (b) to be (3) (c), (3) (c) 4. to be (3) (c) 6. and (3) (c) 3.j. to be (3) (c) 4., cr. (3) (b) and (c) 5.,
Register, January, 1999, No. 517, eff. 2-1-99;
CR 20-046: am. (1) (intro.), (c), cr. (1) (cg), (cr), am. (2) (a) to (c), cr. (2) (d), (e), am. (3) (intro.), (a) (intro.), 3., cr. (3) (a) 3m., 5., am. (3) (b) (intro.), renum. (3) (c) to (3) (c) (intro.) and am., renum. (3) (c) 2. to (3) (c) 2. (intro.), a. and am., cr. (3) (c) 2. b., am. (3) (c) 3. (intro.), a., b., d., g. to i., cr. (3) (c) 7. to 9. Register September 2021 No. 789, eff. 10-1-21; correction in (3) (a) 1. made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.12
NR 113.12 Septage storage facilities. NR 113.12(1)(a)(a)
Applicability. The owner or operator of a septage only storage facility shall adhere to the requirements of this chapter. The owner or operator of a storage facility that stores septage mixed with other wastes or materials shall adhere to the requirements of this chapter in addition to the regulations that apply to those other wastes.
NR 113.12(1)(b)
(b)
Compliance with this chapter. The owner or operator of a septage storage facility shall comply with the provisions of this chapter unless specifically exempted by provisions of this section.
NR 113.12(1)(c)
(c)
Storage duration. No business or person may store septage for longer than 2 years.
NR 113.12(1)(d)
(d)
WPDES permit requirement. The department may on a case-by-case basis determine that the owner or operator of a septage storage facility shall obtain a WPDES general permit coverage, obtain a specific WPDES permit or modify an existing WPDES permit when the department determines it to be necessary to protect public health or the environment under sub.
(5).
NR 113.12(2)
(2)
Approvals required prior to use. Prior to receiving septage, the owner or operator of a septage storage facility, unless exempted by rule or statute, shall obtain all of the following:
NR 113.12(2)(a)
(a) Department plan and specification conditional approval or conditional acceptance of the storage facility under sub.
(3).
NR 113.12(2)(e)
(e) Department approval of a land application site submitted under s.
NR 113.11 in conformity with this chapter if disposal of septage will include land application.
NR 113.12(3)
(3)
Plan and specification requirements-general. Prior to use, the owner or operator of a septage storage facility shall obtain a department plan and specification conditional approval or conditional acceptance and meet all of the following additional requirements as applicable:
