NR 113.12 Note
Note: The following provides an example. At parcel X, there are septage storage facilities A and B. The capacity of A is 20,000 gallons. The capacity of B is 20,000 gallons. After the effective date of this rule order, a new septage storage facility C is proposed. C must possess a maximum capacity of 10,000 gallons or less in order to be exempted from the design and submittal requirements of ch.
NR 110.
NR 113.12(3)(d)3.
3. All storage tank installations comply with the applicable sections of the DSPS holding tank component manual that is in effect at the time of installation and ch.
SPS 384.
NR 113.12(3)(d)4.
4. The exemption application to the department shall include all of the following:
NR 113.12(3)(d)4.a.
a. A completed application providing facts adequately describing the facility as may be required by the department.
NR 113.12(3)(d)4.b.
b. A septage storage plan index and cover sheet that is properly signed, dated and properly labeled with page numbers. The index and cover sheet shall be included with the submittal by a designer of engineering systems-plumbing, designer of engineering systems-private sewage systems, master plumber, master plumber restricted service, or professional engineer.
NR 113.12(3)(d)4.e.
e. A set of plans and specifications that provide design and layout and clearly indicate existing and proposed tank locations, buildings and building uses, driveways, property boundaries, wells, waterbodies, slopes, driveways, supplementary equipment such as screens, filters, refuse receptacles, receiving station, land uses in the vicinity, and any other relevant information as deemed necessary by the department. The north arrow shall be included for orientation. The drawing shall be drawn to scale and indicate the scale. If using an index sheet, the index sheet shall indicate each page and page number, total number of pages, the name of the submitter, the submitter's signature, and the date of submittal. Each additional page shall be clearly numbered.
NR 113.12(3)(d)4.f.
f. A design report that includes plans and specifications for all septage storage facilities. The design report shall show calculations used to design the septage storage facilities. The report shall show proof that the designer considered factors relevant in preparing the plans and specifications. Factors include all of the following: volume of septage, types of septage, screen for debris, degree or extent of mixing, any lime addition and mixing for meeting vector attraction reduction, sediment removal, odor controls, pumps for removal, and other factors as necessary to provide an adequate description of the storage facility. The design report shall be included with the submittal by a designer of engineering systems-plumbing, designer of engineering systems-private sewage, master plumber, master plumber restricted service, or professional engineer.
NR 113.12(3)(d)4.g.
g. A statement from the owner that indicates the tank is not part of a private onsite water treatment system that discharges to the waters of the state.
NR 113.12(3)(e)
(e)
Delegation of review authority. The department may not delegate review authority for septage storage facilities to counties or other local governmental entities.
NR 113.12 Note
Note: See ss.
281.41 and
281.48, Stats., and s.
NR 113.10. Governmental units responsible for regulation of private onsite wastewater treatment systems as defined under s.
145.01 (5), Stats., do not possess the regulatory authority under s.
145.20, Stats., for septage storage as septage storage is not defined as a private onsite wastewater treatment system under s.
NR 145.01 (12).
NR 113.12(3)(f)
(f)
Proposed conversion of an existing storage facility to septage only storage facility. When an owner or operator of an existing non-septage storage facility proposes to convert the storage facility to septage only storage, the storage facility shall adhere to all of the following prior to use:
NR 113.12(3)(f)1.
1. The existing storage facility, after modifications if necessary, shall adhere to all of the requirements under ch.
NR 110.
NR 113.12(3)(f)2.
2. The department may allow exemptions from ch.
NR 110 design standards and materials requirements if all of the following conditions are met:
NR 113.12(3)(f)2.a.
a. The owner or operator can demonstrate that the design standards and material requirements are more stringent than necessary to comply with the provisions of ch.
NR 140 and chs.
160 and
283, Stats. The owner or operator shall justify such an exemption from the design standards and material requirements by demonstrating the alternative design will not contribute to the exceedance of applicable groundwater and surface water standards.
NR 113.12(3)(f)2.b.
b. The department shall consider all of the following factors when reviewing an alternative design in consideration of granting an exemption: physical characteristics of the site, such as soil texture, soil permeability, depth to groundwater, and depth to and type of bedrock; age and condition of the existing structure; analytical data from existing groundwater monitoring wells or any wells that may be installed as part of the demonstration; the quantity and composition of the materials stored or treated at the facility; the compatibility between the materials stored or treated at the facility; proximity of storage to surface waters, secondary containment, and any other information relevant to the environmental impacts of the facility's operations.
NR 113.12(3)(f)3.
3. The owner or operator of the storage facility may request an exemption from the design standards and material standards by submitting facts to support the exemption request to the department in the application for plans and specifications.
NR 113.12(3)(f)5.
5. Plans and specifications shall be submitted to the department for review and acceptance.
NR 113.12(3)(f)6.
6. Prior to use of the septage storage facility the owner or operator of the septage storage facility shall submit to the department all of the following:
NR 113.12(3)(f)6.d.
d. A report of department approved land application sites
if disposal of septage will include land application.
NR 113.12(3)(f)7.
7. Prior to use, the owner or operator of the septage storage facility shall submit to the department a report indicating that any deficiencies identified in the conversion inspection report were corrected.
NR 113.12(3)(g)
(g)
Proposed conversion of manure storage facility to a storage facility mixing septage with manure. When the owner or operator of an existing manure storage facility proposes to accept septage into the manure storage facility, all of the following requirements shall apply:
NR 113.12(3)(g)1.
1. Septage may not be stored in the manure storage facility if the storage facility is located under a building where animals are housed.
NR 113.12 Note
Note: Section
ATCP 65.22 (6) (c) prohibits the mixing of human waste or septage with animal manure on a dairy farm.
NR 113.12(3)(g)4.
4. The septage-manure mixture shall comply with the requirements under county land and water conservation ordinance requirements and local ordinance requirements together with all of the following requirements:
NR 113.12(3)(g)4.a.
a. The existing manure storage facility shall adhere to all applicable design standards and material requirements under U.S. department of agriculture, natural resources conservation service, code 313, NRCS standard 313, dated May 2016, or equivalent. The owner or operator of the manure storage facility shall collect records from the county land and water conservation department and submit those documents to the department for review and acceptance.
NR 113.12(3)(g)4.b.
b. The owner or operator of the manure storage facility shall provide evidence to the department that the addition of septage to the manure storage structure is not contrary to county manure storage structure requirements and that enough acreage exists for compliance with county land and water conservation nutrient management requirements.
NR 113.12(3)(g)4.c.
c. The manure storage facility shall provide a copy of an inspection report to the department under sub.
(6) (d).
NR 113.12(3)(g)6.
6. The department may allow exemptions from the ch.
NR 110 design standards and materials requirements under par.
(h).
NR 113.12(3)(g)8.
8. The owner or operator of the manure storage facility shall provide the department an operations report for review and acceptance to show the septage and manure mixture is protective of public health and the environment. The operations report shall include all of the following:
NR 113.12(3)(g)8.b.
b. The type and volume of the storage facility including construction and sealing details.
NR 113.12(3)(g)8.c.
c. Sufficient site characteristics information to evaluate the environmental impact and suitability of the waste storage.
NR 113.12(3)(g)8.f.
f. The type and composition of any wastes other than septage to be stored at the facility.
NR 113.12(3)(g)8.g.
g. Sampling and analysis results of the combined waste in accordance with requirements of a WPDES permit or as required to provide nutrient analysis to comply with management planning requirements under ch.
ATCP 50.
NR 113.12(3)(g)8.h.
h. The methods to be used for land application of the septage-manure mixture.
NR 113.12(3)(g)9.
9. The owner or operator of the septage-manure storage facility shall determine the volume of septage to be placed into the manure storage facility and a calculation of the percentage of septage to manure. Upon determination, the following requirements apply:
NR 113.12(3)(g)9.a.
a. If septage makes up 10 percent or more of the septage-manure mixture in the storage facility, or if there are greater than 50,000 gallons of septage in the septage-manure mixture, then the facility owner or operator shall submit a certification statement and corresponding documentation that the facility owner or operator land applies the entire contents of the storage facility in accordance with this chapter.
NR 113.12(3)(g)9.b.
b. If septage makes up less than 10 percent of the mixture in the storage facility and there are 50,000 gallons or less of septage in the mixture storage facility, the septage shall be treated with lime or alkali prior to mixing with the manure to meet pathogen control and vector attraction reduction requirements of this chapter.
NR 113.12(3)(h)
(h)
Exemptions from ch. NR 110 for converting to combined septage and manure storage facilities. NR 113.12(3)(h)1.
1. Exemptions from the design and submittal requirements under ch.
NR 110 may be allowed by the department for converting manure storage into combined manure and septage storage facilities if the owner or operator can demonstrate that the design standards and material requirements are more stringent than necessary to comply with the provisions under ch.
NR 140 and chs.
160 and
283, Stats. The owner or operator shall justify such an exemption from the design standards and material requirements by demonstrating the alternative design will not exceed applicable groundwater and surface water standards.
NR 113.12(3)(h)2.
2. The department may consider any of the following factors when reviewing an alternative design in consideration of granting an exemption under this paragraph:
NR 113.12(3)(h)2.a.
a. Physical characteristics of the site, such as soil texture, soil permeability, depth to groundwater, and depth to and type of bedrock.
NR 113.12(3)(h)2.c.
c. Analytical data from existing groundwater monitoring wells or any wells that may be installed as part of the demonstration.
NR 113.12(3)(h)2.d.
d. Quantity and composition of the materials stored or treated at the facility.
NR 113.12(3)(h)2.f.
f. Any other information relevant to the environmental impacts of the facility's operations.
NR 113.12(3)(h)3.
3. The owner or operator of the storage facility may request an exemption from the design standards and material standards by submitting facts to support the exemption request to the department in the application for plans and specifications.
NR 113.12(4)
(4)
Plan and specification requirements — separation distances. NR 113.12(4)(a)(a)
Separation distances. When evaluating septage storage facilities, the owner or operator of the storage facility shall ensure the separation distances for septage storage adhere to the requirements under ch.
NR 110 at the time of construction except as provided under pars.
(b) and
(c).
NR 113.12(4)(b)
(b)
DSPS approvals. Tanks approved by DSPS under ch.
SPS 384 with a maximum capacity of 50,000 gallons or less singly or when added together shall meet the separation requirements under ch.
SPS 383 and be consistent with any DSPS approved component manual at the time of construction.
NR 113.12(4)(c)
(c)
Conversion of use. Conversion of existing non-septage storage facilities to septage storage facilities shall meet the separation requirements under ch.
NR 110. Case-by-case exemptions under s.
NR 110.04 may be approved by the department when the owner or operator of the septage storage facility is able to show adequate protections are available to protect public health and the environment.
NR 113.12 Note
Note: Well and water supply setback requirements are located under chs.
NR 811 and
812.
NR 113.12(5)(a)
(a)
WPDES permit requirement. Except as provided under par.
(b), no septage storage facility may operate until the department issues a WPDES permit to the owner or operator, or the department notifies the owner or operator that a WPDES general permit coverage covers the facility.
NR 113.12(5)(b)1.1. On a case-by-case basis, the department may require an exempted septage storage facility to obtain a WPDES permit for violations of this chapter or to protect public health, groundwater, and surface waters.
NR 113.12(5)(b)2.
2. A WPDES permit is not required for septage-only storage facilities when all of the following occur:
NR 113.12(5)(b)2.b.
b. When singly or when added together, the septage storage capacity is less than or equal to 550,000 gallons.
NR 113.12(5)(b)2.c.
c. The septage storage facility submits plans and specifications to the department in conformance with sub.
(3) and receives department conditional approval or conditional acceptance.
NR 113.12(5)(b)2.d.
d. The septage storage facility complies with all other applicable requirements of sub.
(3).
NR 113.12(5)(b)3.
3. A WPDES permit is not required for septage-manure storage facilities when all of the following occur:
NR 113.12(5)(b)3.a.
a. Septage makes up less than 10 percent of the septage-manure mixture in the storage facility and there are 50,000 gallons or less of septage in the septage-manure storage facility.
NR 113.12(5)(b)3.b.
b. The septage is treated with lime or alkali prior to mixing with manure to meet pathogen control and vector attraction reduction requirements under s.
NR 113.07 (3) (d) and
(e).
NR 113.12(5)(b)3.c.
c. The department provides in writing that a WPDES permit is not required to the applicant.
NR 113.12(6)
(6)
Inspections, inspection reports, frequency. NR 113.12(6)(a)
(a)
Construction inspection and report. During construction of a septage storage facility a qualified person shall observe and review the installation. Upon completion, the qualified person shall develop and submit a construction inspection report to the department verifying the storage facility was installed according to the plans and specifications conditionally approved by the department under sub.
(2) (a). The construction report shall indicate any deviations from the plans and specifications and include information relating to any difficulties experienced during construction. When deviations from plans and specifications occurred or difficulties were experienced, the report shall include an evaluation by the qualified designer or engineer as to the impacts upon the integrity of the storage facility and address any deficiencies. The report shall be approved by the department prior to any use of the septage storage facility. The report shall contain information establishing the qualification of the person to adequately evaluate the integrity of the storage facility.
NR 113.12(6)(b)1.1. The owner or operator of a septage storage facility shall complete a reevaluation inspection once every 10 years.
NR 113.12(6)(b)2.
2. The owner or operator of each septage storage facility shall have the septage storage facility reevaluated by a qualified person. The reevaluation inspection shall include an in-depth inspection of the multiple components of the septage storage facility including piping, valves, tank integrity, foundation, receiving facilities, and mixing facilities. If the facility is a lagoon, the lagoon shall comply with the sealing requirements under s.
NR 110.24. The findings of the reevaluation inspection shall be compiled into a report. The report shall be submitted to the department. The report shall contain information establishing the qualifications of the inspector to adequately evaluate the integrity of the storage facility.
NR 113.12(6)(b)3.
3. The owner or operator of the septage storage facility shall report in writing to the department any deficiencies and identify plans and timeframes to correct the deficiencies identified by a reevaluation inspection under this paragraph. A qualified inspector shall verify that deficiencies have been corrected and communicate that information to the department in writing. The owner or operator shall indicate to the department in writing if the septage storage will be removed from service immediately.
NR 113.12(6)(b)4.
4. The owner or operator of the septage storage facility shall provide regular and timely communication to the department until the septage storage facility is remedied or permanently abandoned.
NR 113.12(6)(c)1.1. The owner or operator of the septage storage facility, or another person qualified to inspect the septage storage facility that is designated by the owner or operator of the septage storage facility, shall inspect each septage storage facility as part of ongoing maintenance of the septage storage facility. Each inspection shall include observations and recording of all of the following:
