NR 206.01
NR 206.01 Purpose. The purpose of this chapter is to establish effluent limitations and monitoring requirements to be used in permits for discharges of wastewaters from publicly owned treatment works and privately owned domestic wastewater treatment works to land disposal systems. Section
283.31, Stats., requires a permit for the lawful discharge of any pollutant into the waters of the state. Section
283.01 (13), Stats., defines “waters of the state" as including groundwater. Consequently, permits are required for the type of discharges to which this chapter applies. It is the intent of the department through this chapter to restore and maintain the physical, chemical and biological integrity of the groundwater of the state and to encourage the protection of this resource, and to achieve compliance with
ch. NR 140.
NR 206.01 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; am.
Register, November, 1990, No. 419, eff. 12-1-90;
correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2000, No. 529.
NR 206.02(1)
(1) The provisions of this chapter are applicable to discharges to land disposal systems of liquid wastewaters from publicly owned wastewater treatment works and from privately owned domestic wastewater treatment works;
NR 206.02(2)
(2) The provisions of this chapter are not applicable to land disposal of:
NR 206.02(2)(b)
(b) Sludge from publicly owned wastewater treatment works and privately owned domestic wastewater treatment works regulated under
ch. NR 204;
NR 206.02 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; am. (1), r. (2) (d), renum. (2) (e) and (f) to be (2) (d) and (e), and am. (e),
Register, 1990, November, No. 419, eff. 12-1-90; correction in (2) (e) made under s.
13.92 (4) (b) 7., Stats.,
Register May 2011 No. 665.
NR 206.03
NR 206.03 Definitions. The following definitions are applicable to terms used in this chapter. Definitions of other terms and the meanings of abbreviations are set forth in
ch. NR 205.
NR 206.03(1)
(1) “Average daily flow" means the average daily wastewater volume discharging to the wastewater treatment system determined for the previous 24 months.
NR 206.03(2)
(2) “Average design flow" means the anticipated average daily wastewater discharge to a sewage treatment facility.
NR 206.03(3)
(3) “Bedrock" means the rocks that underlie soil material. Bedrock may be present at the earth's surface when the weathered in place consolidated material, larger than 2 mm in size, is greater than 50% by volume.
NR 206.03(4)
(4) “Biological treatment" means a level of wastewater treatment accomplished through:
NR 206.03(4)(f)
(f) Other equivalent systems approved on a case-by-case basis.
NR 206.03(5)
(5) “Cation exchange capacity" means the sum total of exchangeable cations absorbed by a soil, expressed in milliequivalents per 100 grams of oven dry soil.
NR 206.03(7)
(7) “Domestic wastewater" means the type of wastewater normally discharged from plumbing facilities in private dwellings or commercial domestic establishments and includes, but is not limited to, sanitary, bath, laundry, dishwashing, garbage disposal and cleaning wastes.
NR 206.03(8)
(8) “Groundwater" means any of the waters of the state as defined in s.
299.01 (5), Stats., occurring in a saturated subsurface geological formation of rock or soil.
NR 206.03(9)
(9) “Groundwater monitoring" means measuring the groundwater level and/or analyzing samples of water taken from one or more wells.
NR 206.03(10)
(10) “Hazardous waste" means a waste identified by the department as hazardous under s.
299.01 (6), Stats.
NR 206.03(11)
(11) “Highest anticipated groundwater elevation" means the sum of the calculated mounding effects of the disposal discharge and the seasonal high groundwater level.
NR 206.03(12)
(12) “High groundwater level" means the higher of either the elevation to which the soil is saturated as observed as a free water surface in an unlined hole, or the elevation to which the soil has been seasonally or periodically saturated as indicated by soil color pattern throughout the soil profile.
NR 206.03(13)
(13) “Hydraulic application rate" means the average daily volume of effluent discharged to a designated acreage of land of the land application system during a calendar month or other period of time specified in a WPDES permit. The rate is calculated by dividing the total discharge volume for the month or period of time by the acreage of land and by the number of days in the month or period of time (usually expressed in units of gpad). For overland flow systems, the hydraulic application rate is expressed as flow rate per unit width of slope.
NR 206.03(14)
(14) “Hydraulic loading rate" means the average daily volume of effluent discharged to a land disposal system during a calendar month or other period of time specified in a WPDES permit for the discharge. The average is calculated by dividing the total discharge volume for the month or period of time by the number of days in the month or period of time.
NR 206.03(15)
(15) “Injection" means the subsurface emplacement of a fluid or waste.
NR 206.03(16)
(16) “Land disposal system" means a facility for disposing of liquid wastes consisting of:
NR 206.03(17)
(17) “Large scale soil absorption system" means a private sewage system or subsurface soil absorption system which has a design capacity of more than 12,000 gallons per day where design capacity is calculated in accordance with
s. NR 200.03 (4).
NR 206.03(18)
(18) “Privately owned domestic wastewater treatment work" means facilities which treat domestic wastewater and which are owned and operated by non-municipal entities or enterprises such as mobile home parks, restaurants, hotels, motels, country clubs, etc., which are permitted under
ch. 283, Stats.
NR 206.03(20)
(20) “Soil" means the unconsolidated material which overlies the bedrock.
NR 206.03(21)
(21) “Total Kjeldahl nitrogen" or “TKN" means the sum of ammonia nitrogen and organic nitrogen.
NR 206.03(22)
(22) “Total nitrogen" means the sum of nitrate plus nitrite nitrogen, ammonia nitrogen, and organic nitrogen.
NR 206.03(24)
(24) “Water table observation well" means any groundwater monitoring well whose screen intersects the water table, installed for the specific purpose of determining either the elevation of the water table or the physical, chemical, biological or radiological properties of groundwater at the water table or both.
NR 206.03(25)
(25) “WPDES permit" means a permit issued under the Wisconsin pollutant discharge elimination system.
NR 206.03(26)
(26) “Well" means any borehole or other excavation or opening in the ground deeper than it is wide constructed for the purpose of obtaining or monitoring groundwater.
NR 206.03 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; r. (7), (12) and (17), renum. (1) to (6), (8) to (11) and (13) to (16) to be (3), (4), (7) to (10), (14) to (16), (18) to (20), (23) and (25) and am. (16), cr. (1), (2), (5), (6), (11) to (13), (17), (21), (22), (24) and (26),
Register, November, 1990, No. 419, eff. 12-1-90; r. and recr. (17),
Register, January, 2000, No. 529, eff. 2-1-00.
NR 206.05
NR 206.05 Compliance with effluent limitations and monitoring requirements. NR 206.05(1)
(1) All new or modified land disposal systems approved on or after December 1, 1990 shall comply with the applicable effluent limits and monitoring requirements of this chapter and groundwater quality standards in
ch. NR 140.
NR 206.05(2)
(2) All land disposal systems, except large scale soil absorption systems, approved or modified prior to December 1, 1990 shall comply with the effluent limits as shown in Table 1, and with the groundwater quality standards in
ch. NR 140.
NR 206.05(3)
(3) All land disposal systems, except large scale soil absorption systems, approved prior to December 1, 1990 shall comply with the monitoring requirements described in
s. NR 206.09 by January 1, 1994.
NR 206.05(4)
(4) Large scale soil absorption systems shall comply with the effluent monitoring requirements of this chapter and with the groundwater quality standards in
ch. NR 140. Influent monitoring may be required on a case-by-case basis.
NR 206.05 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; r. and recr.
Register, November, 1990, No. 419, eff. 12-1-90.
NR 206.06
NR 206.06 Alternative requirements. NR 206.06(1)
(1) If the owner of a proposed land disposal system feels that compliance with the monitoring requirements, discharge prohibitions and effluent limits of this chapter are impracticable, the reasons therefore shall be fully communicated in writing to the department. This communication shall set forth alternative requirements for which department approval is sought and all pertinent facts, data, reports, and studies supporting the imposition of such alternative requirements, along with supporting documentation on the ability of the system to meet
ch. NR 140 standards or standards pursuant to the appropriate variances.
NR 206.06(2)
(2) If the department determines that compliance with the monitoring requirements, discharge prohibitions and effluent limits of this chapter would be impracticable in specific cases, it may approve alternative requirements which, in its opinion, are in substantial compliance with the requirements of this chapter and
ch. NR 140.
NR 206.06 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; am.
Register, November, 1990, No. 419, eff. 12-1-90.
NR 206.07
NR 206.07 General conditions required for all land disposal systems. NR 206.07(1)(a)(a) A land disposal system shall be constructed in accordance with the design criteria in
ch. NR 110, or the appropriate rules promulgated by the department of safety and professional services for large scale subsurface soil absorption systems.
NR 206.07(1)(b)
(b) Background groundwater monitoring data described in
ss. NR 140.20 (1) and
206.10 (4) shall be collected prior to the design of a land disposal system, and submitted to the department as part of the facility plan required in
s. NR 110.09.
NR 206.07(1)(c)
(c) Land disposal systems shall be designed and operated to maintain compliance with the groundwater quality standards contained in
ch. NR 140, as required by
s. NR 140.22 (1).
NR 206.07(2)(a)(a) No discharge to a land disposal system may exceed the loadings specified in the WPDES permit for the system.
NR 206.07(2)(b)
(b) No discharge to the system may have physical or chemical characteristics which prevent the proper operation of the land disposal system.
NR 206.07(2)(c)
(c) The discharge of toxic or hazardous pollutants to land disposal systems is prohibited unless the applicant can demonstrate and the department determines that the discharge of such pollutants will be in such small quantities that no detrimental effect on groundwater or surface water will result. The criteria used shall include but not be limited to the toxicity of the pollutant, capacity of the soil to remove the pollutant, degradability, usual or potential presence of the pollutant in the existing environment, method of application and all other relevant factors.
NR 206.07(2)(d)
(d) The underground injection of municipal and domestic wastewaters through a well is prohibited.
NR 206.07(2)(e)
(e) All municipal and domestic wastewater land disposal systems shall be preceded by a biological, chemical or physical treatment or a combination of treatments approved by the department. Industrial waste discharges tributary to the municipal treatment works shall be in compliance with applicable pretreatment standards under
s. NR 211.30.
NR 206.07(2)(f)
(f) For a land disposal system located on a site where soil, geologic or other conditions may result in an increased possibility of groundwater contamination, the department may require additional treatment prior to discharge to such land disposal systems.
NR 206.07(2)(g)
(g) Discharge to a land disposal system shall be limited so that the discharge and any precipitation which falls within the boundary of the disposal system during such discharge does not overflow the boundary of the system unless the WPDES permit authorizes collection and discharge of runoff to a surface water.
NR 206.07(2)(h)1.1. All land disposal facilities shall be operated in accordance with an approved management plan. The management plan shall conform to the requirements of
s. NR 110.25 (3m).
NR 206.07(2)(h)2.
2. For all land disposal facilities approved after December 1, 1990, an acceptable management plan shall be submitted with the construction plans and specifications.
NR 206.07(2)(h)3.
3. For land disposal facilities constructed prior to December 1, 1990, an acceptable management plan shall be submitted in accordance with a schedule established by the department.
NR 206.07(2)(h)4.
4. If operational changes are needed the management plan shall be revised.
NR 206.07(2)(h)5.
5. All management plans and revisions to management plans shall be submitted to the department for review to determine adequacy and compliance with code requirements.
NR 206.07 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; r. (2) (i) and (j),
Register, September, 1987, No. 381, eff. 10-1-87; am. (1) and (2) (e), r. (2) (f), renum. (2) (g) and (h) to be (2) (f) and (g), cr. (2) (h),
Register, November, 1990, No. 419, eff. 12-1-90;
correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673. NR 206.08
NR 206.08 Effluent limitations for specific types of land disposal systems. NR 206.08(1)(b)1.1. The discharge to an absorption pond system may not exceed a monthly average BOD
5 concentration of 50 mg/l.
