Chapter NR 113

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.

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.

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) (dr)

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)1. 1. The wastewater is discharged to any of the following:

NR 113.05(3m)(a)1.a. a. A public sewer.

NR 113.05(3m)(a)1.b. b. A POWTS approved by the department of safety and professional services or a governmental unit under s. 145.01 (5), Stats., that complies with chs. SPS 382 to 385.

NR 113.05(3m)(a)1.c. c. A sanitary dump station.

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) (4) Exemption.

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) (e)

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) (b)

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)1. 1. A tank only used for servicing portable restrooms.

NR 113.06(2)(d)2. 2. A tank put into service prior to October 1, 1987.

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.

NR 113.06(3)(c) (c) All of the following shall be maintained in each vehicle used in servicing:

NR 113.06(3)(c)1. 1. A copy of the current ch. NR 113, which shall be placed in the vehicle cab.

NR 113.06(3)(c)2. 2. A written procedure for spill and accident cleanup, which shall be placed in the vehicle cab and include all of the following:

NR 113.06(3)(c)2.a. a. Department emergency hotline contact information including the phone number of the hotline [phone].

NR 113.06(3)(c)2.b. b. Mutual aid or equivalent contact information for removing wastes due to an accident.

NR 113.06(3)(c)2.c. c. Cleanup procedures for spills less than 50 gallons.

NR 113.06(3)(c)2.d. d. Cleanup and reporting procedures for spills 50 gallons or more.

NR 113.06(3)(c)2.e. e. Procedures for rendering spills harmless.

NR 113.06(3)(c)3. 3. Supplies and tools for rendering spills harmless.

NR 113.06 Note Note: Recommended supplies and tools include all of the following: hydrated lime, bleach, disinfectant, water, pointed and flat edged shovels, a wand, a squeegee, a bucket, and other standard supplies.

NR 113.06(3)(d) (d) Any property serviced shall be left in a sanitary condition.

NR 113.06(3)(e) (e) All businesses servicing portable restrooms shall empty the septage from the portable restroom prior to transporting the portable restroom for any purpose. An exception may be granted by the department for portable restrooms that are permanently affixed to a trailer, an integral restroom trailer where the holding tank for the trailer is properly designed to transport wastes and so designated by the manufacturer, or other mobile structure where the design and intent is to transport the restroom with materials contained in the integral holding tank to a POTW.

NR 113.06(3)(f) (f) Water used for flushing servicing tanks or containers shall be disposed of in the same manner as the septage. Water used for flushing servicing tanks or containers is included on daily logs under s. NR 113.11 (3) (c).

NR 113.06 Note Note: Water used for flushing servicing tanks or containers is not included on annual disposal reports under s. NR 113.11 (3) (a) and (b).

NR 113.06(3)(g) (g) When disposing at a land application site, all of the following site related information shall be kept in the vehicle cab:

NR 113.06(3)(g)1. 1. A copy of the site request and related submittal information under s. NR 113.11 (1).

NR 113.06(3)(g)2. 2. A copy of the site approval issued by the department.

NR 113.06(3)(g)3. 3. A copy of site maps approved or issued by the department under s. NR 113.11 (1).

NR 113.06 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 20-046: am. (2) (intro.), renum. (2) (b) to (2) (b) 1. and am., cr. (2) (b) 2., 3., am. (2) (d) (intro.), 1., 2., r. and recr. (2) (d) 3., am. (2) (f), (k), (m) (intro.), 1., 2., cr. (2) (m) 2m., am. (2) (m) 3., (3) (b), r. and recr. (3) (c), am. (3) (e), (f), cr. (3) (g) Register September 2021 No. 789, eff. 10-1-21.

NR 113.07 NR 113.07 Disposal of septage. Every business engaged in servicing or authorizing servicing shall comply with all of the following requirements for disposal of septage:

NR 113.07(1) (1) Disposal.

NR 113.07(1)(a) (a) Disposal of septage shall be by discharge into a POTW or other facility for treatment or storage under a WPDES permit or to approved agricultural land, subject to all of the following:

NR 113.07(1)(a)1. 1. Septage disposal at WPDES permitted facilities shall comply with the WPDES permit requirements for that facility. An allowable WPDES permitted facility is one that meets requirements under ch. NR 204 for septage treatment which may be defined as a centralized septage treatment facility.