Chapter NR 110

NR 110.03 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79; cr. (20), Register, August, 1981, No. 308, eff. 9-1-81; renum. (3) to (20) to be (11), (12), (14) to (18), (21), (23), (25) to (32) and (34) and am. (29) and (34), cr. (4) to (10), (13), (19), (20), (22), (24) and (33), Register, February, 1983, No. 326, eff. 3-1-83; cr. (6m), (12m), (13e), (13t), (14e), (14t), (18m), (19m), (31e), (31t) and (32m), am. (19), Register, November, 1990, No. 419, eff. 12-1-90; corrections in (2), (27), and (34) were made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; corrections in (3), (4), (6), (22) and (33) made under s. 13.92 (4) (b) 6., Stats., Register February 2010 No. 650; CR 09-123: r. (3), (5), (20), (24) and (33), r. and recr. (4) and (6), am. (9) and (22), cr. (12g) Register July 2010 No. 655, eff. 8-1-10; CR 12-027: renum. (6m) to (6e), cr. (6m), (6s), r. and recr. (7), cr. (7e), (7m), (7s), r. (8), r. and recr. (9), r. (10), am. (17), cr. (26m), (27e), (27m), (27s), am. (28), r. and recr. (29), cr. (29d), (29h), (30p), renum. (31) to (29t), cr. (32g), (32r) Register July 2013 No. 691, eff. 8-1-13; renum. (14), (30p), (31t), (32r) to (13c), (29m), (31c), (32i) under s. 13.92 (4) (b) 1., Stats., Register July 2013 No. 691; correction in (15) (c) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

NR 110.04 NR 110.04 Alternative requirements.

NR 110.04(1) (1) If the owner of a proposed reviewable project feels that compliance with the design requirements of this chapter is impracticable, the reasons therefor shall be fully communicated in writing to the department prior to the submission of final plans. This communication must 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.

NR 110.04(2) (2) If the department determines that compliance with the design requirements 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.

NR 110.04 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74.

NR 110.05 NR 110.05 Sewer extensions.

NR 110.05(1) (1) Purpose. The purpose of this section is to insure that department approval of applications for sanitary sewer extensions are consistent with and enhance the policy of the state to restore and maintain the chemical, physical and biological integrity of its waters to protect public health, safeguard fish and aquatic life and scenic and ecological values and enhance the domestic, municipal, recreational, industrial, agricultural and other uses of water.

NR 110.05(3) (3) Permissive approvals related to permitted effluent limitations.

NR 110.05(3)(a) (a) Unless an approval would be contrary to the purpose of this section, applications for sanitary sewer extensions that comply with all applicable requirements of this chapter shall be approved if the sewer will be tributary to a sewage treatment facility in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in its WPDES permit.

NR 110.05(3)(b) (b) In the event that the WPDES permit for a sewage treatment facility currently discharging an effluent in accordance with ch. NR 210 establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations for biochemical oxygen demand and total suspended solids applicable to such treatment facility, compliance with the schedule of compliance in the discharge permit will be deemed to be compliance with the applicable water quality related effluent limitations.

NR 110.05(3)(c) (c) In determining whether a discharged effluent is in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in a WPDES permit, the following procedure shall apply:

NR 110.05(3)(c)1. 1. Compliance shall be determined by department review of the previous 12 months of discharge monitoring data. If 12 months of data are not available, the review shall be based on the data that are available.

NR 110.05(3)(c)2. 2. More than a total of 3 months of violations of the monthly average limitations for either BOD or total suspended solids or both in the previous 12 months (or the equivalent ratio for the number of months of data available) shall cause denial, subject to the following additional considerations:

NR 110.05(3)(c)2.a. a. Recognition of the inherent inaccuracy of the BOD and total suspended solids tests shall be given by multiplying the monthly average effluent limitations as specified in the permit by a factor of 1.3 for BOD and 1.2 for total suspended solids for purposes of determining whether monthly average effluent results are in compliance.

NR 110.05(3)(c)2.b. b. The department may grant approval if it determines that, due to a demonstrable action by the permittee, the sewage treatment facility has been in compliance for four or more consecutive months, thus demonstrating a trend toward better operation.

NR 110.05(3)(c)2.c. c. The department may grant approval in those instances where the permittee demonstrates that noncompliance with the effluent limitations has been caused by algae growth in a sewage treatment facility utilizing lagoons as the principal treatment process.

NR 110.05(3)(c)2.d. d. The department may grant approval if it determines that noncompliance with the effluent limitations has been caused by operating difficulties associated with startup for those sewage treatment facilities which have recently been constructed or undergone major modification or expansion. The period described as startup may be no longer than 12 consecutive months.

NR 110.05(4) (4) Denial related to permitted effluent limitations.

NR 110.05(4)(a) (a) Taking into account the factors in sub. (3) (c), applications for sanitary sewer extensions shall be denied if the sewer will be tributary to a sewage treatment facility not in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD5) and total suspended solids contained in its WPDES permit.

NR 110.05(4)(b) (b) If the WPDES permit for a sewage treatment facility establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations for biochemical oxygen demand and total suspended solids applicable to such treatment plant, compliance with the schedule of compliance in the discharge permit shall be deemed to be compliance with the applicable water quality related effluent limitations.

NR 110.05(5) (5) Exceptions. Sewer extensions otherwise prohibited by sub. (4) may be granted by the department upon the determination of any of the following:

NR 110.05(5)(a) (a) That construction of the subdivision, commercial establishment, institutional facility or industrial plant had commenced prior to May 24, 1976, as evidenced by the issuance of a building permit;

NR 110.05(5)(b) (b) That the area to be served was developed prior to May 24, 1976, and that the sewer extension will eliminate use of existing private sewage systems which pose a threat to the public health or safety, provided that connections to the sewer are allowed only for the existing development;

NR 110.05(5)(d) (d) That the proposed extension is a modification of a sewer extension previously approved by the department, providing that the modification results in no increase in the anticipated waste discharge to the sewer system;

NR 110.05(5)(e) (e) That the facilities to be served are intended primarily to provide educational, humanitarian, or charitable community services;

NR 110.05(5)(f) (f) That the program, time schedule, and the commitment to proceed are established in a court-approved stipulation, order, or judgment.

NR 110.05(6) (6) Connection restrictions. As a condition of any approval granted under sub. (5), the department may require that an applicant for a sewer extension restrict the number of connections made to the sewer system in accordance with a prescribed schedule.

NR 110.05 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 5-24-76; r. and recr. Register, September, 1976, No. 249, eff. 10-1-76; am. (3) (b) and (4) (b), Register, April, 1980, No. 292, eff. 5-1-80; am. Register, August, 1981, No. 308, eff. 9-1-81; am. (4), r. (7), renum. (8) to be (7), Register, June, 1982, No. 318, eff. 7-1-82; emerg. cr. (5) (g), eff. 4-15-83; cr. (5) (g) Register, September, 1983, No. 333, eff. 10-1-83; corrections in (2) (c) and (g) were made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 09-123: am. (2) (c), (5) (c) and (6), r. and recr. (4), r. (5) (g) Register July 2010 No. 655, eff. 8-1-10; CR 12-027: r. (2), am. (3), (4), r. (5) (c), r. (7) Register July 2013 No. 691, eff. 8-1-13.

NR 110.06 NR 110.06 Construction plans for reviewable projects.

NR 110.06(1) (1) All construction plans for reviewable projects submitted to the department shall be in conformance with ch. NR 108, and shall bear a suitable title block which includes the name of the owner, the scale and the date. The north point shall be shown on each plan. All plans shall be clear and legible. Blueprints will not be accepted. The datum used shall be indicated and shall be related to U.S.G.S. datum.

NR 110.06(2) (2) Detailed construction plans shall contain appropriate plan views, elevations, necessary sections and supplemental views which together with the specifications provide all necessary information for construction of the project. Manufacturers’ drawings shall not be accepted.

NR 110.06(3) (3) All construction plans shall be in conformance with an approved facilities plan as required in s. NR 110.08 (1).

NR 110.06(4) (4) If the construction of a proposed project requires, or may require, any permit under s. 30.12, 30.19, 30.195, or 30.20, Stats., application for the necessary permits shall be made to the department at the same time the project plans and specifications are submitted for review. Failure to apply for the necessary permits shall be cause for denial or rejection of the plans and specifications.

NR 110.06 Note Note: Applicable state and local codes, including those of the department of industry, labor and human relations, the public service commission and the department of health and social services, should be consulted for other requirements.

NR 110.06 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79; cr. (4), Register, February, 1983, No. 326, eff. 3-1-83.

NR 110.07 NR 110.07 Specifications for reviewable projects.

NR 110.07(1) (1) Complete technical specifications for all reviewable projects shall accompany the construction plans. Where feasible the specifications shall contain provisions for maintaining the same degree of wastewater treatment during construction as that which existed prior to the start of construction.

NR 110.07(2) (2) The specifications accompanying the detailed construction drawing shall include, wherever applicable:

NR 110.07(2)(a) (a) All construction information not shown on the plans;

NR 110.07(2)(b) (b) The complete requirements for all mechanical and electrical equipment;

NR 110.07(2)(c) (c) The type and operating characteristics of all equipment;

NR 110.07(2)(d) (d) The laboratory fixtures and equipment;

NR 110.07(2)(e) (e) The construction materials to be used;

NR 110.07(2)(f) (f) The identification of the chemicals to be used; and

NR 110.07(2)(g) (g) The instructions for testing materials and equipment to meet design standards.

NR 110.07(3) (3) Specifications reproduced from manufacturers’ data and bearing the manufacturers’ labels will not be accepted.

NR 110.07 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79.

NR 110.08 NR 110.08 Facilities plans for reviewable projects.

NR 110.08(1) (1) Applicability. A facilities plan shall be prepared for each reviewable project submitted to the department for approval. Facilities plans for sewage treatment facilities or new sewage collection systems shall be submitted to and approved by the department prior to submittal of the construction plans and specifications. The department may accept construction plans and specifications for review prior to facilities plan approval provided that all substantive issues of the facilities plan review have been resolved.

NR 110.08(2) (2) Content. The facilities plan for municipally owned sewage treatment facilities, sewage collection systems, and interceptors shall contain all of the information required by s. NR 110.09 (1) through (6), 110.10 (1) and (2), or 110.11 (1), whichever are applicable. The following facilities planning requirements do not apply to nonmunicipally owned facilities: s. NR 110.09 (1) (b) 3., 5. and 8., and (2) (b) to (e) and (j) to (m). The level of detail necessary to fulfill the requirements of this subsection may vary depending on the size and complexity of the project.

NR 110.08(3) (3) Wisconsin environmental policy act review. Facilities plans shall be reviewed by the department in accordance with ch. NR 150.

NR 110.08(4) (4) Conformance with approved areawide waste treatment management plans. All approvable sewerage system facility plans must be in conformance with approved areawide waste treatment management plans unless the department determines that such plans conflict with the department’s responsibilities to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private. In the absence of an approved areawide waste treatment management plan, no determination of such conformance is required.

NR 110.08(5) (5) Approval of new sewage treatment facilities. It is the policy of the department to restrict the construction of new sewage treatment facilities in order to preserve and protect the quality of the waters of the state. The department may deny requests for approval of new sewage treatment facilities unless they meet the following criteria:

NR 110.08(5)(a) (a) Treatment facilities to serve existing residential development. Proposals for new treatment facilities to serve existing residential development may not be approved unless:

NR 110.08(5)(a)1. 1. They are necessary to solve a documented and severe existing water quality (groundwater or surface water) or public health problem related to inadequate existing residential sewage disposal; or, are needed to replace an existing treatment facility which is not in compliance with its WPDES permit;

NR 110.08(5)(a)2. 2. They are the cost-effective alternative solution in accordance with s. NR 110.09 (1) (a); and

NR 110.08(5)(a)3. 3. They are municipally owned, operated and maintained.

NR 110.08(5)(b) (b) Interim treatment facilities. An interim treatment facility is one which would serve areas which are within the future sewer service area of another existing facility as delineated in an approved areawide water quality management plan as provided for in ch. NR 121. Proposals for new interim treatment facilities may not be approved unless:

NR 110.08(5)(b)1. 1. They are necessary to solve a documented and severe existing water quality (groundwater or surface water) or public health problem related to inadequate existing residential sewage disposal; or, are needed to replace an existing treatment facility which is not in compliance with its WPDES permit;

NR 110.08(5)(b)2. 2. They are the cost-effective alternative solution in accordance with s. NR 110.09 (1) (a);

NR 110.08(5)(b)3. 3. They are municipally owned, operated and maintained;

NR 110.08(5)(b)4. 4. The sewage collection system is designed so that it can be easily connected to the regional system in the future;

NR 110.08(5)(b)5. 5. The sewer service area of the proposed system lies entirely within the planned service area of the regional system as delineated in an approved areawide water quality management plan; and

NR 110.08(5)(b)6. 6. An agreement is signed by all involved municipalities which provides for a specified date of abandonment and connection. This intermunicipal agreement may be reviewed and approved by the department prior to facilities plan approval. The WPDES permits may contain schedules for facilities abandonment and connection.

NR 110.08(5)(c) (c) Treatment facilities serving isolated nonresidential development. Nonresidential development includes things such as parks and recreational facilities, airports, highway oriented commercial facilities and institutions such as hospitals, nursing homes, prisons and schools. Proposals for new treatment facilities to serve nonresidential development may not be approved unless:

NR 110.08(5)(c)1. 1. Joint treatment with other wastewater treatment systems is not feasible;

NR 110.08(5)(c)2. 2. The proposed facilities are designed to treat only wastes generated by the proposed nonresidential development; and

NR 110.08(5)(c)3. 3. The WPDES permit limits service to the proposed nonresidential development.

NR 110.08(5)(d) (d) Treatment facilities to serve new residential development. Proposals for new treatment facilities intended to serve new residential development such as facilities for residential subdivisions, mobile home parks and condominium developments may be denied.

NR 110.08(5)(dg) (dg) Variances. Variances to this general prohibition may be granted:

NR 110.08(5)(dg)1. 1. Only after the department has considered:

NR 110.08(5)(dg)1.a. a. The general public interest;

NR 110.08(5)(dg)1.b. b. Environmental impacts;

NR 110.08(5)(dg)1.c. c. Socioeconomic impacts; and

NR 110.08(5)(dg)1.d. d. The impact on orderly development and provision of general governmental services within the service area; and

NR 110.08(5)(dg)2. 2. Only after a finding that all of the following criteria are met:

NR 110.08(5)(dg)2.a. a. The proposal is consistent with the department’s responsibility to protect, maintain and improve the quality and management of the waters of the state;

NR 110.08(5)(dg)2.b. b. The proposed facilities will be municipally owned, operated and maintained;

NR 110.08(5)(dg)2.c. c. The proposed facilities will be more cost-effective in accordance with s. NR 110.09 (1) (a) than other treatment and discharge alternatives; and

NR 110.08(5)(dg)2.d. d. All other federal, state and local approvals and permits have been obtained.

NR 110.08(5)(dm) (dm) Treatment facilities to serve existing mobile home parks and condominium developments. Proposals for new treatment facilities to serve existing residential developments at mobile home parks and condominium developments may not be approved unless:

NR 110.08(5)(dm)1. 1. The conditions of par. (a) are met; or

NR 110.08(5)(dm)2. 2. The conditions of par. (a) 1. and 2. are met and the owner submits the following:

NR 110.08(5)(dm)2.a. a. Adequate proof that sufficient funds to operate, maintain and abandon the facility, if necessary, will be available for the life of the facility;

NR 110.08(5)(dm)2.b. b. Documentation showing that the new treatment facilities are being proposed as a replacement of a failing septic tank/soil absorption system which has been in use for at least 10 years; and

NR 110.08(5)(dm)2.c. c. Proof of the inability to form a town sanitary district or other appropriate municipal entity to oversee the facility.

NR 110.08(5)(e) (e) Conformance with areawide water quality management plans. In addition to the requirements of pars. (a) through (dg), the new sewage treatment facilities shall also be in conformance with any approved areawide water quality management plan. These plans may be consistent with the criteria in pars. (a) through (dg). These plans as approved by the department may also contain additional criteria necessary to address regional or local considerations.

NR 110.08(6) (6) Cost effectiveness. A cost-effectiveness analysis shall be performed as part of the evaluation of alternatives in each facilities plan. The cost-effectiveness analysis shall be prepared in accordance with s. NR 110.09 (2). Except as provided for in s. NR 110.09 (2) (j) 4. c., the most cost-effective alternative shall be selected for implementation.

NR 110.08 History History: Cr. Register, November, 1974, No. 227, eff. 12-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79; cr. (5), Register, August, 1981, No. 308, eff. 9-1-81; am. (1) and (2), cr. (6), Register, February, 1983, No. 326. eff. 3-1-83; cr. (5) (dm), Register, November, 1990, No. 419, eff. 12-1-90; correction in (5) made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, September, 1995, No. 477; CR 09-123: renum. (3) (a) to be (3) and am., r. (3) (b) Register July 2010 No. 655, eff. 8-1-10.