NR 113.03(70)
(70) “Violation" means a failure to comply with any provision of this chapter.
NR 113.03(71)
(71) “Wetlands" means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils or vegetation indicative of wet conditions.
NR 113.03(72)
(72) “Wisconsin pollutant discharge elimination system permit" or “WPDES permit" or “permit" means a permit issued by the department under ch.
283, Stats., for the discharge of pollutants.
NR 113.03(73)
(73) “Wisconsin soil testing program" means the soil analysis and fertilizer recommendation program established by the university of Wisconsin-extension through the soil science department.
NR 113.03(74)
(74) “Wisconsin sanitary license” means a license to service private sewage systems, such as septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, distribution cells, privies, or portable restrooms, issued by the department under s.
281.48 (3), Stats.
NR 113.03 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; correction in (29) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650;
CR 20-046: am. (6) Table, renum. (7) to (7) (intro.) and am., cr. (7) (a), (b), (8m), am. (9), r. (11), cr. (13m), am. (15), cr. (16m), am. (24), (25), cr. (26m), r. (29), am. (31), cr. (31m), am. (32), cr. (33m), am. (34), cr. (34d) to (34t), (35g), (35r), am. (38), cr. (39m), (42m), r. and recr. (43), r. (49), renum. (55) to (55) (intro.) and am., cr. (55) (a), (b), (56m), am. (57), cr. (57m), (58m), am. (60), r. (61), cr. (61m), r. (62), cr. (62m), (64m), am. (65), cr. (65m), (68m), am. (74) Register September 2021 No. 789, eff. 10-1-21; correction in (1), (2), (8), (37), (42), (44), (51), (55) (intro.), (57), (69), (71) made under s. 35.17, Stats., and correction in (4m) (b) made under s. 13.92 (4) (b) 12., Stats., Register September 2021 No. 789. NR 113.04(1)(1)
License requirements. No business, unless exempted by statute, may engage in servicing unless the vehicle and equipment used have been initially inspected by the department and issued a license indicating conformity with all requirements of this chapter. A business license fee is based on the number of vehicles used by the business. A business shall adhere to all of the following:
NR 113.04(1)(a)
(a) A valid business license is required for a business to continue septage servicing operations.
NR 113.04(1)(b)
(b) For a business to continue servicing, the designated operator-in-charge shall possess a valid master operator certification otherwise the business shall designate a replacement operator-in-charge with a valid master operator certification.
NR 113.04(1)(c)
(c) A vehicle used by different businesses, under a single owner or separate owners, shall be registered under each business license and each business license number shall be displayed on the vehicle.
NR 113.04(1)(d)
(d) A business license is not transferable between businesses. A business license may remain with a business or business entity when the business or business entity transfers ownership. If only assets of the business entity are transferred, a new business license is required.
NR 113.04(1)(e)
(e) Each business shall have a unique business license issued under s.
NR 113.05 for any service shop that is more than 25 miles from another service shop owned by that business.
NR 113.04(2)
(2)
Changes. Every business required to be licensed by this chapter shall notify the department in writing within 15 days of any change in address, change of servicing vehicle, change of owner, or change of operator-in-charge.
NR 113.04(3)
(3)
Disposal. No vehicle operator or person may dispose of or recycle septage unless done in accordance with this chapter or under county authority approved by the department under s.
281.48 (5m), Stats.
NR 113.04 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97;
CR 20-046: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (e), am. (2) Register September 2021 No. 789, eff. 10-1-21. NR 113.05(1)(1)
Initial licensure; applicant requirements. Applicants for licensure shall meet all of the following requirements:
NR 113.05(1)(a)
(a) Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall clearly denote the owner and legal entity applying for the business license. The application shall designate an operator-in-charge for the business in accordance with ch.
NR 114 and that operator-in-charge shall possess a valid master operator certification for the duration of the business license period. License fees under par.
(b) shall accompany each application.
NR 113.05 Note
Note: Application forms are available at department offices.
NR 113.05(1)(b)
(b) All licenses issued under this section for a period beginning before July 1, 1997, are issued on an annual basis and shall expire June 30 each year. All licenses issued under this section for a period beginning after June 30, 1997, are issued on a biennial basis and shall expire June 30 in every odd-numbered year. For a license to a state resident, for each vehicle used for servicing, the fee is $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997. For a license to a nonresident, for each vehicle used for servicing, the fee is $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. In addition to the initial license fee, a groundwater fee of $50 for each business for a period beginning before July 1, 1997, or $100 for a period beginning after June 30, 1997, shall be submitted for credit to the groundwater fund. The fee schedule is as follows:
NR 113.05(1)(c)1.1. The department shall request a non-delinquency certificate from the departments of children and families, revenue, and workforce development under ss.
49.857,
73.0301, and
108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.
NR 113.05(1)(c)2.
2. If the department receives notice that a non-delinquency certificate cannot be issued from the department of children and families, the department of revenue, or the department of workforce development, the application shall be denied.
-
See PDF for table 
NR 113.05(2)
(2)
Initial licensure; department requirements. Prior to issuance of a license, the department shall ensure that all of the following requirements are met:
NR 113.05(2)(a)
(a) The department shall inspect the servicing equipment and operating procedures. The vehicle business license sticker may not be issued if the equipment is not in compliance with this chapter.
NR 113.05(2)(b)
(b) Each designated operator-in-charge shall obtain a master operator certification as required under ch.
NR 114.
NR 113.05(2)(c)
(c) Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.
NR 113.05(2)(d)
(d) Within 30 working days of receipt of a complete business license application, the department shall take action by either approving or denying the license application.
NR 113.05(3)
(3)
License renewal. All licenses expire on June 30 on a biennial basis. Businesses seeking license renewal shall meet all of the following renewal requirements:
NR 113.05(3)(a)
(a) Application for renewal shall be filed with the department on or before June 1, at least one month prior to expiration, and if filed after that date, a late fee of $25 shall be charged in addition to the renewal fee. Anyone servicing systems without a current business license under this section, unless exempt by statute, is subject to the penalties in s.
NR 113.14 and s.
281.48, Stats. Payment of a late fee does not relieve a violator from being subject to penalties. The renewal application shall designate an operator-in-charge for the business who is properly certified under ch.
NR 114.
NR 113.05(3)(b)
(b) The renewal fee and the groundwater fee shall accompany the renewal application. The renewal fee and groundwater fee are the same as for initial licensure in accordance with sub.
(1) (b).
NR 113.05(3)(c)
(c) Prior to renewal, servicing equipment shall be made available at least once every 2 years for an inspection by the department or by a department approved inspector. A vehicle sticker may not be issued if the equipment is found to be unsatisfactory or is not in compliance with this chapter. The department may not renew a business license for a business that does not have at least one vehicle meeting these requirements.
NR 113.05(3)(d)
(d) The department may not issue or renew a license for a business that has accumulated violations, as summarized in the following table, for the following: ss.
NR 113.04,
113.05,
113.06,
113.07,
113.09,
113.11, and
113.12, and s.
29.601, Stats., during the last license period. The department may not reissue a license for a period of at least one year after revocation under s.
NR 113.13. -
See PDF for table NR 113.05(3)(dg)
(dg) The business owner shall designate an operator-in-charge for the business. The designated operator-in-charge shall possess a valid master operator certification. The business shall employ an operator-in-charge with a valid master operator certification for the duration of the business license period.
NR 113.05(3)(dr)1.1. The department shall request a non-delinquency certification from the departments of children and families, revenue, and workforce development under ss.
49.857,
73.0301, and
108.227, Stats., prior to issuing a license, renewing a license, or allowing a business to designate a master operator as the operator-in-charge.
NR 113.05(3)(dr)2.
2. If the department receives notice that a non-delinquency certification cannot be issued from the departments of children and families, revenue, or workforce development, the department shall deny the application.
NR 113.05(3)(e)
(e) Within 30 working days of the receipt of a completed license renewal application, the department shall take action by either approving or denying the license renewal application.
NR 113.05(3m)
(3m)
Wastewater generated at campgrounds and from recreational vehicles. NR 113.05(3m)(a)
(a) Except as required under par.
(b), wastewaters generated at campgrounds and from recreational vehicles are not subject to the requirements of this chapter if, under s.
ATCP 79.15, all of the following apply:
NR 113.05(3m)(a)2.
2. The POWTS and sanitary dump stations are serviced according to this chapter.
NR 113.05(3m)(b)
(b) Septage generated from portable restrooms at campgrounds shall be serviced according to this chapter.
NR 113.05(4)(a)(a) A farmer who disposes of septage on land owned or leased by the farmer is exempt from the licensing requirement under s.
281.48 (3) (d), Stats., if all of the following conditions apply:
NR 113.05(4)(a)1.
1. The septage is removed from a septic tank that is located on the same parcel of land where the septage is disposed.
NR 113.05(4)(a)2.
2. The farmer complies with all applicable statutes and rules for servicing and land application of the septage.
NR 113.05(4)(e)1.1. If a farmer is exempt under par.
(a), the department may require the farmer to provide the department with information that shows that sufficient land area is available for disposal. Land area shall meet the requirements under s.
NR 113.07 (3) (b).
NR 113.05(4)(e)2.
2. The department may provide a non-commercial registration number to allow the farmer to report POWTS servicing events required under s.
SPS 383.55 to governmental units under s.
145.01 (5), Stats., or to designated agents.
NR 113.05(4)(f)
(f) While a person may be exempted from business licensing requirements by s.
281.48, Stats., servicing shall be in conformity with this chapter.
NR 113.05(4)(g)
(g) A person that fails to comply with the requirements of this chapter is subject to enforcement under s.
NR 113.14.
NR 113.05 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (d),
Register, January, 1999, No. 517, eff. 2-1-99;
CR 20-046: am. (1) (intro.), (a), cr. (1) (c), am. (2) (intro.), (b), (3) (intro.), (d), cr. (3) (dg), (dr), (3m), renum. (4) (intro.), (a) to (4) (a) (intro.), 1. and am., r. (4) (b), renum. (4) (c) to (4) (a) 2. and am., r. (4) (d), cr. (4) (e) to (g) Register September 2021 No. 789, eff. 10-1-21; correction in (3) (dr) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.06
NR 113.06 Vehicle inspections and servicing. NR 113.06(1)(1)
Inspection. Any business engaged in servicing shall allow the equipment to be used for servicing to be inspected upon request and at any reasonable time and place, as may be designated by the department.
NR 113.06(2)
(2)
Equipment requirements. Vehicles and operations shall conform to this chapter and vehicles shall display a license sticker in accordance with par.
(m) 1. All vehicles and equipment used in servicing shall conform to all of the following:
NR 113.06(2)(a)
(a) All vehicles and all equipment used in servicing shall be maintained in operational condition and in conformance with this chapter at all times during use in servicing.
NR 113.06(2)(b)1.1. The vehicles and implements used in servicing shall routinely be used for no other purpose except the hauling or servicing of septage, grease interceptors, municipal wastewater treatment sludges or manure.
NR 113.06(2)(b)2.
2. Except as required under subd.
3., use of the vehicle for fire protection service, oil recovery, and industrial wastes not regulated under chs.
NR 500 to
538 or
660 to
670 is permissible if the tank is flushed or cleaned as necessary prior to and after use, provided all of the following are completed:
NR 113.06(2)(b)2.a.
a. An SOP is developed, maintained, and implemented for flushing or cleaning the tank.
NR 113.06(2)(b)2.b.
b. The flushing or cleaning activity is logged in a daily log book that includes the date, time, and disposal details of the cleaning or flushing water.
NR 113.06(2)(b)3.
3. If the vehicle is used only for treatment plant disposal activities, the vehicle is not required to be flushed or cleaned.
NR 113.06(2)(c)
(c) Vehicles and equipment shall be stored in a manner which will not cause a nuisance.
NR 113.06(2)(d)
(d) Except in any of the following cases, minimum allowable tank capacity is 1,000 gallons:
NR 113.06(2)(d)3.
3. A tank that is demonstrated by the licensed business and found by the department to be necessary and adequate.
NR 113.06(2)(e)
(e) Department approval of any trailer-mounted servicing equipment shall be on an individual basis for specific uses only.
NR 113.06(2)(f)
(f) Portable tanks or containers used for servicing, other than approved trailer-mounted servicing equipment, are prohibited. All approvable tanks or containers shall be attached to the vehicle by welding or bolts and cannot be used for containing liquids that are intended for direct contact with humans or animals. Alternative equipment proposed for use to service septage on islands shall be evaluated by the department on a case-by-case basis.
NR 113.06(2)(g)
(g) Each tank shall be strong enough for all conditions of operation, leakproof, contain inertia baffles and be designed to be kept tightly closed to prevent spillage or escape of odors while in transit or storage. Tanks shall be constructed of suitable metal or materials approved by the department and mounted permanently on a truck chassis, except where trailer-mounted equipment is approved.
NR 113.06(2)(h)
(h) Pumps shall be adequate for the required service. The installation shall be designed to prevent backflow or leakage. Connections shall be provided with caps or seals.
NR 113.06(2)(i)
(i) Discharge valves on tanks shall be watertight, capped when not in use, and constructed and located so as to permit unobstructed discharge at the place of disposal.
NR 113.06(2)(j)
(j) All servicing equipment used for surface spreading of septage shall have a splash plate or some other department approved method or device to facilitate uniform septage application.
NR 113.06(2)(k)
(k) Hoses and piping, when not in actual use, shall be stored so as to prevent leakage or dripping of septage in transit, or the ends of hoses and pipes shall be connected or sealed with tightly fitted caps or covers, or the hoses and pipes shall be cleaned with water between uses so as not to cause a nuisance by leakage or dripping of septage during transit. On vehicles used solely for servicing portable restrooms, suction hoses used for cleaning portable restrooms may alternatively be provided with two shutoff valves with one located at the tank and the other shutoff valve located on the wand end of the suction hose.
NR 113.06(2)(L)
(L) Any business subject to the requirements of this chapter shall provide or have available facilities for washing the vehicles, tanks, implements and tools. Facilities shall be designed to prevent a nuisance to the general public.
NR 113.06(2)(m)
(m) Vehicles, with the exception of vehicles used by farmers, used in servicing shall meet all of the following identification requirements:
NR 113.06(2)(m)1.
1. No person, unless exempt by statute or this chapter, may operate a vehicle used for servicing unless a valid business license sticker is prominently displayed on the rear of the vehicle servicing tank. If the servicing vehicle is used only for servicing and transporting portable restrooms and the placement of the sticker on the rear of the vehicle servicing tank prevents the sticker from being visible when transporting portable restrooms, the sticker may be applied to an alternative location on the vehicle approved by the department.
NR 113.06(2)(m)2.
2. Each licensee shall display on at least one side of the vehicle the words “Wisconsin Sanitary Licensee” and immediately under these words “License No. ” with the number of its license in the space provided with letters and numbers at least 2 inches high and all lettering and numbering shall be in distinct color contrast to its background.
NR 113.06(2)(m)2m.
2m. Each business that uses a vehicle that is used by more than one business, whether under a single owner or separate owners, shall register the vehicle under each business's license and each business license number shall be displayed on the vehicle.
NR 113.06(2)(m)3.
3. Each licensee shall display on each vehicle the capacity of the tank in gallons, in lettering and numbers at least 2 inches high in a color distinct from the background and readily visible on the rear of any vehicle used in servicing. This display requirement does not apply if the capacity of the vehicle tank is 1,000 gallons or less and the servicing vehicle is used only for servicing and transporting portable restrooms. If a vehicle carries clear water and septage, only the septage capacity shall be listed.
NR 113.06(2)(n)
(n) Starting July 1, 1997, all servicing equipment used for surface spreading of septage, including equipment in service prior to January 1, 1997, shall have a vehicle cab controlled discharge valve. New servicing equipment put into operation after January 1, 1997 shall be in conformance with this paragraph prior to use.
NR 113.06(3)
(3)
Servicing requirements. Every business engaged in servicing shall conform to the following:
NR 113.06(3)(a)
(a) The vehicles, implements and containers shall be operated in a manner that does not cause a nuisance or health hazard.
NR 113.06(3)(b)
(b) Any spill shall be cleaned up and the area restored to render it harmless to humans and animals. Spills of 50 gallons or greater shall be reported, within 24 hours, to the department by directly contacting the 24-hour spill hotline at 800-943-0003.
