Chapter NR 110

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.

NR 110.09 NR 110.09 Sewage treatment facilities projects.

NR 110.09(1) (1) Facilities plans for sewage treatment facilities projects.

NR 110.09(1)(a) (a) Facilities plans consist of those necessary plans and studies which directly relate to the construction of the proposed facilities. Facilities planning shall demonstrate the need for the proposed facilities. Through a systematic evaluation of feasible alternatives facilities planning shall also demonstrate that the selected alternative is the most cost-effective means of meeting established effluent limitations and water quality standards. The most cost-effective alternative is that which will result in the minimum total resources costs over the planning period. The planning period of the facilities plan shall be 20 years. The total resources costs include monetary costs, environmental and social considerations, and other nonmonetary factors. The interest (discount) rate to be used in calculating present worth shall be obtained from the department when beginning facilities planning.

NR 110.09(1)(b) (b) Facilities planning shall include the following information in such detail as the department deems appropriate for the specific project:

NR 110.09(1)(b)1. 1. A description of the sewerage system for which construction drawings and specifications are to be prepared. This description shall include preliminary engineering data, cost estimates for design and construction of the sewerage system, and a schedule for completion of design and construction. The preliminary engineering data shall include, to the extent appropriate, information such as a schematic flow diagram, unit processes, design data regarding detention times, flow rates, sizing of units, and so forth. This is commonly referred to as the Unit Equipment and Design Report.

NR 110.09(1)(b)2. 2. A description of the selected complete sewerage system of which the proposed facilities will be a part using maps, diagrams and plans as appropriate. This description shall include:

NR 110.09(1)(b)2.a. a. The delineation of a sewer service area for the complete sewerage system based on a 20-year population projection and density assumptions;

NR 110.09(1)(b)2.b. b. A description of the collection system including existing and proposed trunk sewers and interceptors;

NR 110.09(1)(b)2.c. c. A description of the existing and proposed sewerage treatment system including ultimate disposal of wastewater and sludge;

NR 110.09(1)(b)2.d. d. A planning area map showing individual systems, if individual systems are to be a part of the cost-effective solution proposed for state or EPA funding.

NR 110.09(1)(b)3. 3. Infiltration/inflow documentation in accordance with subs. (5) and (6).

NR 110.09(1)(b)4. 4. A cost-effectiveness analysis of alternatives for the sewerage system prepared in accordance with sub. (2). The most cost-effective alternatives shall be selected for implementation in accordance with s. NR 110.08 (6).

NR 110.09(1)(b)5. 5. For facilities plans for state funded projects, parallel cost estimates shall be provided for the facilities necessary to transport and/or treat the fundable capacity, as well as a cost estimate for the total proposed sewerage system.

NR 110.09(1)(b)6. 6. An identification of effluent discharge limitations including water quality related effluent limitations, and where a Wisconsin Pollution Discharge Elimination System (WPDES) permit has been issued, a copy of the permit for the proposed sewerage system.

NR 110.09(1)(b)7. 7. Required comments or approvals of relevant state, interstate, regional, and local agencies.

NR 110.09(1)(b)8. 8. An estimate of the anticipated cost to the average user of the system. This cost shall be presented at the public hearing required under sub. (4).

NR 110.09(1)(b)9. 9. A brief summary of the public hearing required under sub. (4) or any other public meeting or hearing held during the planning process including a summary of the views expressed.

NR 110.09(1)(b)10. 10. A brief statement demonstrating that the authorities who will be implementing the plan have the necessary legal, financial, institutional, and managerial resources available to insure the construction, operation, and maintenance of the proposed treatment works.

NR 110.09(1)(b)11. 11. A description of potential opportunities for recreation, open space, and access to bodies of water analyzed in planning the proposed sewerage system and the recommended actions. The facility plan shall also describe measures taken to coordinate with federal, state and local recreational programs and with recreational elements of applicable approved areawide waste treatment management plans.

NR 110.09 Note Note: Facilities plans for projects subject to the requirements of this section may include results from a system evaluation and capacity assurance plan under s. NR 110.10 (4).

NR 110.09(2) (2) Content of the cost-effectiveness analysis. The cost-effectiveness analysis shall include:

NR 110.09(2)(a) (a) The relationship of the size and capacity of alternative systems to the needs to be served, including reserve capacity;

NR 110.09(2)(b) (b) An evaluation of alternative flow and waste reduction measures, including non-structural methods;

NR 110.09(2)(c) (c) An evaluation of improved effluent quality attainable by upgrading the operation and maintenance and efficiency of existing facilities as an alternative or supplement to construction of new facilities;

NR 110.09(2)(d) (d) An evaluation of the capability of each alternative to meet secondary treatment standards or applicable water quality related effluent limitations. The sewerage system design must be based upon achievement of not less than secondary treatment standards as defined by ch. NR 210;

NR 110.09(2)(e) (e) An identification of and provision for applying technologies included under each of the following waste treatment management techniques:

NR 110.09(2)(e)1. 1. Biological or physical-chemical treatment and discharge to receiving waters;

NR 110.09(2)(e)2. 2. Systems employing the reuse of wastewater and recycling of pollutants;

NR 110.09(2)(e)3. 3. Land application techniques;

NR 110.09(2)(e)4. 4. Systems including revenue generating applications; and

NR 110.09(2)(e)5. 5. On-site and non-conventional systems.

NR 110.09(2)(f) (f) All construction of publicly-owned sewerage systems and privately owned domestic sewerage systems discharging to surface waters shall be based upon application of secondary treatment as a minimum. Where application of secondary treatment would not provide for attainment of water quality standards,the facilities plan shall provide for attaining the applicable standards by designing to meet appropriate water quality related effluent limitations. Sewerage systems discharging to the ground water shall comply with the applicable discharge requirements of ch. NR 206. The alternative of treating combined sewer overflows shall also be considered.

NR 110.09(2)(g) (g) An evaluation to determine the cost-effective means of disposing of treated effluent.

NR 110.09(2)(h) (h) An evaluation of the most cost-effective means of treating, handling, and disposing of sludge. This evaluation shall include at a minimum the following items:

NR 110.09(2)(h)1. 1. A description of the current sludge treatment, handling and disposal operations including a discussion of current quantities being produced, a description of current sludge quality including a sludge analysis, a description of any problems associated with the existing operations, and a description of industrial contributions that may affect the quantity and quality of sludge;

NR 110.09(2)(h)2. 2. An analysis of the anticipated quantity and quality of the sludge from the proposed facility;

NR 110.09(2)(h)3. 3. A brief description of alternative technologies applicable to the proposed facility improvements, such as, thickening, stabilization, dewatering, storage, transportation, and ultimate disposal;

NR 110.09(2)(h)4. 4. A cost-effectiveness analysis of the feasible alternatives including an assessment of the environmental impacts as specified in sub. (3);

NR 110.09(2)(h)5. 5. An evaluation of the storage requirements either at the sewage treatment facility or at an offsite location. The evaluation shall include an estimate of the maximum period of time necessary to store sludge, and a description of the location, accessibility, soils, necessary local permits, depth to groundwater, distance to residential homes, type of facility, topography and any other appropriate information. The storage recommendations shall comply with s. NR 110.26 (10).

NR 110.09(2)(h)6. 6. An estimate of the amount of land required for each alternative shall be made. Land requirements for landfilling of sludge shall be based upon accepted landfill design practices. Department approval in accordance with chs. NR 500 to 520, is required for construction of sludge landfills and prior to disposal of sludge at an existing licensed landfill.

NR 110.09(2)(h)7. 7. A discussion of the procedures and timing for abandonment of the existing sludge facilities, if appropriate. This shall include, but not be limited to, the types of sludge wastes to be disposed of during abandonment, ultimate disposal location, possible construction scheduling, quantity of wastes, quality of wastes and any special problems associated with the disposal of these wastes; and

NR 110.09(2)(h)8. 8. A summary describing the selected plan and its anticipated environmental impacts. Those actions necessary for implementing and operating the sludge management plan shall be presented. This shall include, but not be limited to, the estimated sludge treatment and disposal costs, operator time, discussion of applicable federal and state laws, necessary local permits, public participation programs, training of operators and any other actions necessary to provide for an environmentally sound sludge management program.

NR 110.09(2)(i) (i) An adequate assessment of the expected environmental impacts of the alternatives (including sites) in accordance with sub. (3). This assessment shall be an integral part of the analysis of alternatives for cost-effectiveness. The assessment shall be revised as necessary to include information developed during subsequent project steps.

NR 110.09(2)(j) (j) An analysis of the most cost-effective design staging and sizing. The staging and sizing of treatment works shall be based upon the following:

NR 110.09(2)(j)1. 1. ‘Population projections.’ Population projections for facilities planning shall be in conformance with those contained in applicable approved areawide waste treatment management plans and rules adopted pursuant to ss. 16.96 and 281.57 (4) (b), Stats. If such projections are not available, the engineer shall project future population growth based on trends in the recent past.

NR 110.09(2)(j)2. 2. ‘Wastewater flow estimates.’ In determining total average flow for the design of sewerage systems, the flows to be considered include the average daily base flows (ADBF) expected from each of the following: residential sources, commercial sources, institutional sources, and industries the system will serve plus allowances for future industries and nonexcessive infiltration or inflow.

NR 110.09(2)(j)2m. 2m. ‘Estimation methods.’ The estimation of existing and future ADBF from combined residential, commercial, and institutional sources, shall be based upon one of the following methods:

NR 110.09(2)(j)2m.a. a. Existing ADBF shall be estimated based upon a fully documented analysis of water use records adjusted for consumption and losses or on records of wastewater flows for extended dry periods less estimated dry weather infiltration. Future flows for the sewerage system design shall be estimated by determining the existing per capita flows, subtracting any projected per capita water conservation flow reduction and multiplying this figure by the future projected population to be served. Seasonal population can be converted to equivalent full-time residents using the following multipliers:

Day-use visitor (0.1-0.2).

Seasonal visitor (0.5-0.8).

The preferred method shall be used wherever water supply records or wastewater flow data exist. Allowances for future increases of per capita flow over time will not be approved.

NR 110.09(2)(j)2m.b. b. Where water supply and wastewater flow data are lacking, existing and future ADBF shall be estimated by multiplying a gallon per capita per day (gpcd) allowance not exceeding those in the following table by the estimated total of the existing and future resident populations to be served. The tabulated ADBF allowances include estimates for commercial and institutional sources as well as residential sources. The department may approve exceptions to the tabulated allowances where large commercial and institutional flows (more than 25% of total estimated ADBF) are documented.