Chapter NR 213

Chapter NR 213

LINING OF INDUSTRIAL LAGOONS AND DESIGN OF STORAGE STRUCTURES

Subchapter I — General

NR 213.01   Purpose.

NR 213.02   Applicability.

NR 213.03   Existing lagoons, storage structures and treatment structures.

NR 213.04   Definitions.

NR 213.05   Additional requirements.

NR 213.06   Exemptions from ch. NR 213.

NR 213.07   Abandonment.

NR 213.08   General design requirements.

Subchapter II — Lining of Industrial Lagoons

NR 213.09   General submittal requirements.

NR 213.10   General liner specifications.

NR 213.11   Specific liner specifications.

NR 213.12   Quality assurance and testing requirements.

Subchapter III — Design of Storage Structures

NR 213.13   Requirements for sweet corn silage stacks of greater than 150 tons which do not exceed 1200 tons at any one time.

NR 213.14   Stack structures for by-product solids.

NR 213.15   Storage tanks.

Ch. NR 213 Note Note: Corrections made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, September, 1997, No. 501.

subch. I of ch. NR 213 Subchapter I — General

NR 213.01 NR 213.01 Purpose. The purpose of this chapter is to protect public health and welfare by restoring, maintaining and protecting the physical, chemical and biological integrity of the waters of the state and all uses of state groundwaters and surface waters in accordance with the provisions of ch. NR 140, and chs. 160 and 283, Stats.; and to establish minimum design standards, material requirements and performance criteria for all lagoons, storage structures or treatment structures that are regulated under ss. 281.41 and 283.31, Stats., and ch. NR 108, except those storage structures or treatment structures listed in s. NR 213.02 (2).

NR 213.01 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.02 NR 213.02 Applicability.

NR 213.02(1) (1) Structures regulated. This chapter is applicable to all lagoons, tanks, stacking structures, and other storage or treatment structures that receive industrial, commercial or agricultural wastewaters, associated sludges from industrial, commercial or agricultural sources, by-product solids and any resulting leachates. The performance criteria of this chapter may also be applicable to facilities that store other materials such as coal and road salt and the resulting runoff or leachate.

NR 213.02(2) (2) Structures excluded. This chapter is not applicable to:

NR 213.02(2)(a) (a) Land disposal systems, such as absorption ponds, which are regulated under ch. NR 214 or ch. 283, Stats.

NR 213.02(2)(b) (b) Lagoons licensed under ch. NR 132, 182, 500, 502, 504, or 660, or approved under subch. III of ch. 295, Stats.

NR 213.02(2)(c) (c) Lagoons used solely for research purposes under the direction of a Wisconsin registered professional engineer, soil scientist, geologist or a scientist employed by a university located within this state, if approved by the department and provided the following requirements are met.

NR 213.02(2)(c)1. 1. The size of the lagoon does not exceed one acre.

NR 213.02(2)(c)2. 2. The lagoon is developed, operated and maintained in a safe nuisance-free manner so that no pollutants enter waters of the state.

NR 213.02(2)(c)3. 3. Copies of the research proposal are submitted to the department prior to initiating construction and any resulting reports or publications on the research are provided to the department.

NR 213.02(2)(d) (d) Lagoons and storage structures designed, constructed and used solely for the storage of animal wastes.

NR 213.02(2)(e) (e) Sweet corn silage stacks which are utilized for direct feeding of livestock, have less than 150 tons on a site at any one time and are located such that surface water or groundwater pollution do not occur.

NR 213.02(2)(f) (f) All existing above ground and in-ground storage structures constructed of concrete, glass reinforced plastic or steel which are watertight and are used for the treatment or storage of wastewater.

NR 213.02 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90; CR 13-057: am. (2) (b) Register July 2015 No. 715, eff. 8-1-15.

NR 213.03 NR 213.03 Existing lagoons, storage structures and treatment structures.

NR 213.03(1) (1) Owners and operators of lagoons, storage structures and treatment structures existing prior [to] July 1, 1990 shall demonstrate to the satisfaction of the department that all existing lagoons, storage structures and treatment structures, except those structures listed in s. NR 213.02 (2), meet the purpose of this chapter by as soon as reasonably possible but no later than 5 years from July 1, 1990 or as specified by a WPDES permit.

NR 213.03(2) (2) A report evaluating compliance with the design standards, material specifications and performance criteria in this chapter shall be submitted to the department within 2 years of July 1, 1990 unless otherwise specified by a WPDES permit or other notification by the department.

NR 213.03(2)(b) (b) In the event that the owner cannot demonstrate compliance with all of the design standards and material requirements with the existing facility, the generator may request an exemption from the design standards and material requirements of this chapter in accordance with s. NR 213.06.

NR 213.03 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.04 NR 213.04 Definitions. The following definitions apply to the terms used in this chapter. Definitions of other terms and meanings of abbreviations are set forth in ch. NR 205.

NR 213.04(1) (1) “ASTM” means the American Society for Testing and Materials. Copies of ASTM standards referenced in this chapter are available for inspection at the offices of the department of natural resources, the secretary of state’s office and the legislative reference bureau. ASTM standards may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

NR 213.04(2) (2) “Base course” means the layer or layers of specified or selected material of designed thickness placed on a subbase or subgrade to support a surface course.

NR 213.04(3) (3) “Bedrock” means the rocks that underlie soil material or are at the earth’s surface which are encountered when the weathered in-place consolidated material, larger than 2 mm in size, is greater than 50% by volume.

NR 213.04(4) (4) “By-product solids” means waste solid products, including but not limited to cuttings or peelings generated at processing facilities, fresh or actively fermenting sweet corn silage, other food wastes and paunch manure.

NR 213.04(5) (5) “Coefficient of permeability” means the rate of discharge of water under laminar flow conditions, through a unit cross-sectional area of porous medium, under a unit hydraulic gradient and standard temperature.

NR 213.04(6) (6) “Community public water supply system” means a water supply system having at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents. Any water supply system serving 7 or more homes, 10 or more mobile homes, 10 or more apartment units, or 10 or more condominium units shall be considered a community public water supply system unless information is available to indicate that 25 year-round residents will not be served.

NR 213.04(7) (7) “Detrimental effect” means contamination of the lands or waters of the state, or making the same injurious to public health, harmful for commercial or agricultural use, or deleterious to animal or plant life.

NR 213.04(8) (8) “Floodway” has the meaning specified under ch. NR 116.

NR 213.04(9) (9) “Groundwater” means any of the waters of the state, as defined in s. 281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil.

NR 213.04(10) (10) “Groundwater monitoring” means measuring the groundwater level and analyzing samples of water taken from the ground.

NR 213.04(11) (11) “Lagoon” means a natural or human-made containment structure, constructed primarily of earthen materials and used for the treatment or storage of industrial, commercial or agricultural wastewater, biological fermentation leachates or sludge.

NR 213.04(12) (12) “Pavement structure” means the combination of subbase, base and surface courses placed on a subgrade.

NR 213.04(13) (13) “Potable water supply well” means a well supplying water for human consumption, sanitary use or food product preparation.

NR 213.04(14) (14) “Storage structure” means either an earthen containment structure or a storage tank used for the storage of wastewater or biological fermentation leachates or a structure constructed for stacking and storage of by-product solids or other material.