Chapter NR 113

NR 113.02(6) (6) The use or disposal of septage that has been treated by facilities which are operated under a Wisconsin pollutant discharge elimination system (WPDES) discharge permit, including centralized septage treatment facilities, which are regulated under ch. NR 204.

NR 113.02 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; corrections in (3) and (4) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 20-046: am. (intro.) Register September 2021 No. 789, eff. 10-1-21.

NR 113.03 NR 113.03 Definitions. In addition to the definitions and abbreviations in s. 281.48, Stats., the following definitions apply to terms used in this chapter:

NR 113.03(1) (1) “Agricultural land” means land on which a food crop, a feed crop, or fiber crop will be grown within 12 months after septage is applied to the land. This includes range land and land used as pasture.

NR 113.03(2) (2) “Agronomic rate” means the total septage application rate (dry weight basis) designed to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or other vegetation grown on the land and designed to minimize the amount of nitrogen in the septage that passes below the root zone of the crop or vegetation grown on the land to the ground water.

NR 113.03(3) (3) “Application rate” means the hydraulic loading limits placed on a landspreading site or field normally expressed as gallons/acre/week.

NR 113.03(4) (4) “Approved site” means property approved by the department or its agent for the disposal, recycling or storage of septage.

NR 113.03(5) (5) “Available nitrogen” means the nitrogen present in the septage in the NH3-N form and the nitrogen that is mineralized from the organic nitrogen in the septage, both of which can then be absorbed and assimilated by growing plants in the cropping year.

NR 113.03(6) (6) “Available water capacity” means the amount of water which is readily held by the soil and available for plant uptake. Available water holding capacity shall be calculated using the following table or other method acceptable to the department:

NR 113.03(7) (7) “Bedrock” means the rock that is exposed at the earth’s surface or underlies soil material and includes any of the following:

NR 113.03(7)(a) (a) Weathered in-place consolidated material, larger than 2 mm in size and greater than 50 percent by volume.

NR 113.03(7)(b) (b) Weakly consolidated sandstone at the point of increased resistance to penetration of a knife blade.

NR 113.03(8) (8) “Business” means any individual, partnership, corporation, or body politic that does servicing.

NR 113.03(8m) (8m) “Centralized septage treatment facility” means a treatment facility that accepts septage from multiple sources and treats the septage prior to discharge or disposal.

NR 113.03 Note Note: Centralized septage treatment facilities are regulated under ch. NR 204.

NR 113.03(9) (9) “Certified operator” means any person servicing 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 who holds a valid Wisconsin septage servicing operator’s certification under ch. NR 114.

NR 113.03(10) (10) “Community well” means a public well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any public well 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 well unless information is available to indicate that 25 year-round residents will not be served.

NR 113.03(12) (12) “Department” means the department of natural resources.

NR 113.03(13) (13) “Disposal” means the controlled discharge of septage to a POTW, treatment or storage lagoon, or to an agricultural field for the purpose of recycling nutrients back into the environment.

NR 113.03(13m) (13m) “Distribution cell” means a dimensional zone that is part of a POWTS treatment or dispersal component where wastewater is disseminated into in situ soil or engineered soil.

NR 113.03(14) (14) “Dormant field” means a field that is not currently used or will not be used within 12 months after septage has been applied to the field for the harvesting of a crop. A field may have a vegetative cover crop grown on it, and a need for increased organic matter.

NR 113.03(15) (15) “Dosing chamber” or “pumping chamber” means a water tight receptacle that employs a pump or automatic siphon to elevate or distribute effluent to the private sewage system.

NR 113.03(16) (16) “Dry run” means a drainage pathway, either natural or artificial, with definable banks, which contains a confined flow during periods of runoff.

NR 113.03(16m) (16m) “DSPS” means the department of safety and professional services.

NR 113.03(17) (17) “Farmer” means a person who owns or leases a contiguous parcel of land of 40 acres or more that the person is using for agricultural purposes.

NR 113.03(18) (18) “Field” means a subset of a site.

NR 113.03(19) (19) “Floodplain” has the meaning specified in s. NR 116.03 (16).

NR 113.03(20) (20) “Food crops” means tobacco and crops grown for human consumption.

NR 113.03(21) (21) “Grease interceptor” means a water tight receptacle designed to intercept and retain grease or fatty substances contained in kitchen and other food wastes. Grease interceptor and grease trap mean the same thing.

NR 113.03(22) (22) “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 permeable rock or soil.

NR 113.03(23) (23) “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 patterns throughout the soil profile.

NR 113.03(24) (24) “High use field” means a field that is approved by the department to receive more than 39,000 gallons per acre of septage per crop year and the volume applied is limited to the crop nutrient requirements.

NR 113.03(25) (25) “Historical site” means any historic property listed under s. 44.40 (2) (a), Stats.

NR 113.03(26) (26) “Holding tank” means an approved watertight receptacle for the collection and holding of sewage.

NR 113.03(26m) (26m) “Holding tank POWTS” means a holding tank component of a POWTS used for the collection and holding of sewage.

NR 113.03(27) (27) “Hydraulic loading rate” means the volume of waste discharged per unit area per unit time.

NR 113.03(28) (28) “Incorporation” means the mixing of septage with topsoil, by methods such as discing, mold-board plowing, chisel plowing or rototilling to a minimum depth of 4 inches.

NR 113.03(30) (30) “Injection” means the subsurface placement of septage to a depth of 4 to 12 inches.

NR 113.03(31) (31) “Land application” or “landspreading” or “land applied” or “landspread” means the spreading of septage onto the land surface, the injection of septage below the land surface, or the incorporation of septage into the soil, so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil.

NR 113.03(31m) (31m) “Land management plan” or “management plan” means a plan for optimizing land application of septage and demonstrating compliance with the requirements of this chapter and may include standard operating procedures for various processes or procedures.

NR 113.03(32) (32) “Land with a high potential for public exposure” means land that the public uses frequently or may readily come in contact with and has received land application of septage or septage byproducts within the last 12 months. This includes public parks, ball fields, cemeteries, plant nurseries, turf farms, golf courses, and other similarly used lands.

NR 113.03(33) (33) “Litter free” means the absence of nonbiodegradable material such as plastics or glass of 2 inches or greater in length on the soil surface.

NR 113.03(33m) (33m) “Log books and invoice records system” means a record keeping system that utilizes log books, invoice records, or a combination of both.

NR 113.03(34) (34) “Low use field” means a field that is department approved to receive 39,000 gallons or less of septage per acre per crop year.

NR 113.03(34d) (34d) “Manure” has the meaning given under s. NR 151.015 (12).

NR 113.03(34h) (34h) “Master operator” means a certified operator who has met the requirements under s. NR 114.18 (2) and holds a valid Wisconsin master operator certification for servicing septage.

NR 113.03(34p) (34p) “Natural resources conservation service” or “NRCS” means United States department of agriculture, natural resources conservation service, formerly known as soil conservation service, or SCS.

NR 113.03(34t) (34t) “Non-holding tank POWTS” means POWTS or POWTS components, excluding a holding tank.

NR 113.03(35) (35) “Nuisance” means any source of filth or probable cause of sickness not in compliance with this rule.

NR 113.03(35g) (35g) “Nutrients” means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes, or other sources.

NR 113.03(35r) (35r) “Operator-in-charge” or “OIC” means the master operator who has been designated by the owner to be responsible for the operation of a septage servicing business.

NR 113.03(36) (36) “Parcel of land” means property that is contiguous and under the same ownership interest.

NR 113.03 Note Note: If a farmer owns a parcel of land that is split or divided by a public or private road or a railroad, the land on the other side of the road will be considered part of the same parcel of land.

NR 113.03(37) (37) “Pasture crop” means a crop such as legumes, grasses, grain stubble, or stover which is consumed by animals while grazing.

NR 113.03(38) (38) “Pathogens” means disease causing organisms. This includes certain bacteria, protozoa, viruses and viable helminth ova.

NR 113.03(39) (39) “Permeability” means the rate of movement of liquid through the soil.

NR 113.03(39m) (39m) “pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Centigrade or measured at another temperature and then converted to an equivalent value at 25 degrees Centigrade.

NR 113.03(40) (40) “Ponding” means the presence of free liquid over an area of 4 square feet or more, visible 2 hours after application of the septage. An example of a 4 square foot area would be an area 4 feet by 1 foot.

NR 113.03(41) (41) “Portable restroom” means fixtures, incorporating holding tank facilities, designed to directly receive human excrement. Portable restrooms are self-contained units, may be designed for one or more person’s use at a given time and are readily transportable.

NR 113.03(42) (42) “Posting” means the placement of signs on the perimeter of a site or field that contain a notice of septage application, name, address, and telephone number of the hauler spreading the septage and are spaced not more than 500 feet apart.

NR 113.03(42m) (42m) “Private onsite wastewater treatment system” or “POWTS” has the meaning given under s. 145.01 (12), Stats.

NR 113.03(43) (43) “Privy” means an enclosed nonportable toilet into which human wastes not carried by water are deposited to a subsurface storage chamber that may or may not be watertight. This includes all of the following:

NR 113.03(43)(a) (a) Pit privy for which a cavity in the ground is constructed for toilet uses and receives human excrement to be partially absorbed directly by the surrounding soil.

NR 113.03(43)(b) (b) Vault privy in which human excrement is stored for decomposition and periodic servicing.

NR 113.03(44) (44) “Public contact site” means land with a high potential for contact by the public. Some examples include public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses.

NR 113.03(45) (45) “Publicly owned wastewater treatment work” or “POTW” has the meaning specified in s. NR 211.03 (11).

NR 113.03(46) (46) “Publicly owned treatment works holding tank service area” means the area outside the POTW’s sewer service area, where the area has a contract for service with the POTW to provide permanent service and the area has been added to the POTW’s service area.

NR 113.03(47) (47) “Publicly owned treatment works planning area” means the area delineated in map form in which the service area delineation for a specific POTW is being or has been prepared to cover.

NR 113.03(48) (48) “Publicly owned treatment works sewer service area” means the area presently served and anticipated to be served by a sewage collection system as approved under ch. NR 121 or as a facility planning effort done under ch. NR 110, if no ch. NR 121 designation has been made.

NR 113.03(50) (50) “Recreational site” means a designated area clearly identified and maintained for the purpose of providing an opportunity for recreational activity.

NR 113.03(51) (51) “Restricted public access” means private property or the limiting of entry for a period of time by means such as signs, traditional agricultural fencing, or remote location.

NR 113.03(52) (52) “Seepage bed” means an excavated area larger than 5 feet in width which contains a bedding of aggregate and has more than one distribution line so constructed as to allow disposal of effluent by soil absorption.

NR 113.03(53) (53) “Seepage pit” means an underground receptacle so constructed as to allow disposal of effluent by soil absorption through its floor and walls.

NR 113.03(54) (54) “Seepage trench” means an area excavated one to 5 feet in width which contains a bedding of aggregate and a single distribution line so constructed as to allow disposal of effluent by soil absorption.

NR 113.03(55) (55) “Septage” means the scum, liquid, sludge, or other waste in any of the following:

NR 113.03(55)(a) (a) A septic or holding tank, dosing chamber, grease interceptor, seepage bed, seepage pit, seepage trench, distribution cell, or other component of private onsite wastewater treatment systems.

NR 113.03(55)(b) (b) A privy or portable restroom.

NR 113.03(56) (56) “Septic tank” means a tank which receives and partially treats sewage through processes of sedimentation, oxidation, flotation and bacterial action so as to separate solids from the liquid in the sewage and discharges the liquid to a soil absorption system.

NR 113.03(56m) (56m) “Service shop” means a shop from which septage servicing is dispatched.

NR 113.03(57) (57) “Service” or “servicing” means removing the scum, liquid, sludge, or other wastes from a private sewage system such as septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, distribution cells, privies, or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.

NR 113.03(57m) (57m) “Sewage” has the meaning given under s. 281.01 (13), Stats.

NR 113.03(58) (58) “Site” means property consisting of one or more fields used for the recycling, disposal, or storage of septage.

NR 113.03(58m) (58m) “Site evaluation” means an evaluation of land slope, topographic or other features, or other limiting characteristics.

NR 113.03(59) (59) “Site management” means the physical manipulation of site characteristics to minimize the potential of septage runoff during the spring thaw or rainfall events.

NR 113.03(60) (60) “Soil” means the naturally occurring pedogenically developed and undeveloped regolith overlying unconsolidated material that overlies bedrock.

NR 113.03(61m) (61m) “Soil evaluation” means a field observation and report of soil morphology including a map showing locations of each soil evaluation.

NR 113.03(62m) (62m) “Soil morphology” means the physical or structural characteristics of a soil profile, particularly as related to the arrangement of soil horizons based on color, texture, structure, consistence, and porosity.

NR 113.03(63) (63) “Soil profile” means the vertical arrangement of unconsolidated materials into distinct layers or horizons which overlie the bedrock.

NR 113.03(64) (64) “Soil saturation” means that the soil pore space is filled with water.