Chapter NR 113

NR 113.12(7)(d) (d) Management plan. The owner or operator of a septage storage facility shall prepare and submit for approval to the department a management plan for each septage facility. Each management plan shall meet all of the following requirements:

NR 113.12(7)(d)1. 1. The management plan shall provide for optimizing system performance and demonstrating compliance with the requirements of this chapter. Following approval by the department, the septage storage facility shall be operated in conformance with the management plan. If the owner or operator of the septage storage facility wishes to operate differently than specified in the approved management plan, the owner or operator shall submit a written request to the department for approval of the amendment of the management plan. The amendment approval request shall include a copy of the complete amended plan.

NR 113.12(7)(d)2. 2. The management plan and amendments shall include all of the following:

NR 113.12(7)(d)2.a. a. Information on any pretreatment processes.

NR 113.12(7)(d)2.b. b. Site identification on plat and soil maps.

NR 113.12(7)(d)2.c. c. Aerial photographs, if available.

NR 113.12(7)(d)2.d. d. Description of all site limitations, vegetative cover management and removal, availability of storage, type of transporting and spreading vehicle, load and rest schedules, and monitoring procedures.

NR 113.12(7)(d)2.e. e. Contingency plans for periods of adverse weather.

NR 113.12(7)(d)2.f. f. Pathogen control, vector reduction, odor, or nuisance abatement.

NR 113.12(7)(d)2.g. g. Any other pertinent information required by the department.

NR 113.12(7)(d)3. 3. The operation and management of the septage storage facility and land application activities shall be consistent with and in compliance with the department approved management plan. The management plan shall be consistent with the requirements under this chapter. A copy of the management plan shall be retained by the owner and operator and be made available upon department inspection.

NR 113.12(7)(d)4. 4. The management plan shall include all of the following:

NR 113.12(7)(d)4.a. a. The method utilized to discharge septage to the storage units.

NR 113.12(7)(d)4.b. b. The type of wastes to be land applied or disposed.

NR 113.12(7)(d)4.c. c. The record keeping system for septage being added to and removed from the storage units.

NR 113.12(7)(d)4.d. d. The description of how septage will be mixed in the storage units.

NR 113.12(7)(d)4.e. e. The description of how septage will be removed from the storage units.

NR 113.12(7)(d)4.f. f. The methods and description of equipment to be used to land apply the storage facility contents.

NR 113.12(7)(d)4.g. g. A description of procedures for regularly inspecting and maintaining each storage unit.

NR 113.12(7)(d)4.h. h. The method to be used to track application and loading rates to ensure septage is not overapplied.

NR 113.12(7)(d)4.i. i. Procedures describing the storage facility operation and maintenance during inclement weather.

NR 113.12(7)(d)4.j. j. A description of procedures and equipment available to monitor and control emergency events such as a large spill.

NR 113.12(7)(d)4.k. k. A description of the notification method and procedures that the owner or operator will use to submit to the department notifying the department 7 days prior to land application events. The department may waive the 7-day notification requirement when regular or ongoing land application events are proposed and details of the regular or ongoing land application events are included in the management plan.

NR 113.12(7)(d)4.L. L. Notification procedures in case of spills or emergency situations.

NR 113.12(7)(d)4.m. m. A description of the methods utilized to comply with pathogen and vector control requirements.

NR 113.12(7)(d)4.n. n. Land application site information summaries providing acreage secured for land application and the process to secure additional acreage as needed.

NR 113.12(7)(d)4.o. o. A description of steps the owner or operator will take to ensure that sites remain litter free, including any screening processes, litter removal from sites, and litter disposal.

NR 113.12(7)(d)4.p. p. A listing and description of any approved variances under s. NR 113.15 (4) and the circumstances in which the variances are used.

NR 113.12(7)(d)4.q. q. Additional information as required by the department relating to the operation of the facility and disposal of wastes.

NR 113.12(7)(e) (e) Free board. Free board for lagoons shall be 3 feet from the top of the lagoon to prevent overfilling. For all other storage structures except those approved under sub. (3) (d) 2., the septage storage facility shall maintain no less than 18 inches of free board from the top of walls to prevent overfilling the septage storage facility.

NR 113.12 Note Note: Septage storage structures approved under sub. (3) (d) 2., include DSPS approved tanks. DSPS approved tanks are reviewed case by case and have differing free board.

NR 113.12(7)(f) (f) Grit, screenings, and other waste. Any bulky or non-organic waste that is removed from the septage storage facility during the cleanout or maintenance or any grit or screenings collected shall be properly disposed of at a licensed landfill. The landfill shall be licensed under chs. NR 500 to 538.

NR 113.12(7)(g) (g) Abandonment. In the event of abandonment of a septage storage facility, the owner of the septage storage facility shall be responsible for all abandonment procedures. Six months prior to abandoning the septage storage facility, the owner shall submit an abandonment plan and schedule of accomplishment to the department for its review and approval. The abandonment plan shall be in compliance with local, state, and federal rules and regulations. The owner within 12 months of the plan approval shall complete the abandonment.

NR 113.12(8) (8) Department requirements. As required under s. 281.41 (1) (b), Stats., within 90 days from the time of receipt of complete plans, the department or its authorized representative shall examine and take action to approve, approve conditionally, or reject the plans and shall state in writing the department’s determination of any conditions of approval or reasons for rejection and issue that determination to the applicant.

NR 113.12 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (1) and (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745; CR 20-046: r. and recr. Register September 2021 No. 789, eff. 10-1-21; correction in (3) (b) 1., (6) (a) made under s. 35.17, Stats., Register September 2021 No. 789.

NR 113.13 NR 113.13 Suspension and revocation. Any licensed business which engages in improper servicing or violates any provision of this chapter may be subject to suspension or revocation as provided in s. 281.48 (5), Stats., and penalties or forfeitures provided in s. NR 113.14, or both.

NR 113.13 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.

NR 113.14 NR 113.14 Enforcement.

NR 113.14(1) (1) Citations. Pursuant to s. 281.48 (5s), Stats., the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99, Stats., to collect a forfeiture for a violation of this chapter. Deposit amounts are listed in sub. (2).

NR 113.14(2) (2) Deposit schedule. Deposit amounts, not including applicable court costs, surcharges and assessments, for violations of ch. NR 113 sections are as follows:

- See PDF for table

NR 113.14(3) (3) Penalties. Any person or business who engages in improper servicing or violates any section of this chapter shall be subject to penalties as provided in s. 281.98, Stats.

NR 113.14 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.

NR 113.15 NR 113.15 Variances.

NR 113.15(1) (1) General. The department may approve a variance from the requirements of this chapter when it determines that special circumstances make compliance impractical or not in the best interests of the state and the department is satisfied that issuance of a variance will not contaminate any lands or waters of the state or make any lands or waters of the state injurious to public health, harmful to commercial or agricultural use, or deleterious to animal or plant life.

NR 113.15(2) (2) Applicability. A variance may be requested from any requirement in this chapter that is not based on state statutes or federal statutes or regulations. A variance may not be issued for a statutory requirement.

NR 113.15(3) (3) Request for variance. An owner shall submit a written request to the department for a variance under this section. Each request for a variance shall contain all of the following:

NR 113.15(3)(a) (a) The name, address, phone number, and business license number of the applicant.

NR 113.15(3)(b) (b) The section of this chapter from which a variance is sought and a statement explaining why the variance is necessary.

NR 113.15(3)(c) (c) An adequate description of the variance and the circumstances in which it will be used, including any pertinent background information that is relevant to making a determination on the justification of granting the variance.

NR 113.15(3)(d) (d) A statement as to whether the same or similar variance has been requested previously, and if so, circumstances of the previous request.

NR 113.15(4) (4) Written determination. The department shall approve or deny the variance request in writing. The business shall retain a copy of each variance request and the department’s decision.

NR 113.15(5) (5) Variance cancellation. Violations of this chapter may result in the cancellation of a previously approved variance.

NR 113.15 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; CR 20-046: am. (1), (3) (intro.), (a) to (c), cr. (4), (5) Register September 2021 No. 789, eff. 10-1-21.