Chapter NR 113

NR 113.11 Note Note: Examples of alternate identifying location information include GPS coordinates, county parcel identification and legal description, written description, distance, and location from an identifiable landmark

NR 113.11(3)(c)4. 4. Lime purchase receipts if surface spreading with alkaline stabilization is the selected method for meeting the pathogen and vector attraction reduction requirements.

NR 113.11(3)(c)5. 5. Actual annual hydraulic and nitrogen application rates shall be retained.

NR 113.11(3)(c)6. 6. All servicing records (log book or invoice records) shall be kept on file and available for inspection for a period of 5 years.

NR 113.11(3)(c)7. 7. The written certifications of daily logs and invoice system shall include any of the following, as applicable:

NR 113.11(3)(c)7.a. a. For a business that land applies septage for disposal purposes, the pathogen and vector attraction reduction certification statement shall read as follows: “I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements under [insert either s. NR 113.07 (3) (d) 1. a. or NR 113.07 (3) (d) 1. b.] and the vector attraction reduction requirement under [insert s. NR 113.07 (3) (e) 1., NR 113.07 (3) (e) 2., or NR 113.07 (3) (e) 3.] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification.”

NR 113.11 Note Note: A business may insert multiple references to pathogen and vector attraction requirements within the written certification statement correlating to the business operations.

NR 113.11(3)(c)7.b. b. For a business that does not land apply, a written certification is not required.

NR 113.11(3)(c)8. 8. A signed and dated certification statement shall be included with each day’s logs and records. This requirement may be satisfied by including annual signed and dated certification statements with all daily logs and annual year-to-date loading summaries.

NR 113.11(3)(c)9. 9. Daily logs, other records, and additionally required information may be maintained in electronic format by the business and shall meet the requirements of this chapter.

NR 113.11 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (intro.), (a) and 1., 3., renum. (3) (b) to be (3) (c), (3) (c) 4. to be (3) (c) 6. and (3) (c) 3.j. to be (3) (c) 4., cr. (3) (b) and (c) 5., Register, January, 1999, No. 517, eff. 2-1-99; CR 20-046: am. (1) (intro.), (c), cr. (1) (cg), (cr), am. (2) (a) to (c), cr. (2) (d), (e), am. (3) (intro.), (a) (intro.), 3., cr. (3) (a) 3m., 5., am. (3) (b) (intro.), renum. (3) (c) to (3) (c) (intro.) and am., renum. (3) (c) 2. to (3) (c) 2. (intro.), a. and am., cr. (3) (c) 2. b., am. (3) (c) 3. (intro.), a., b., d., g. to i., cr. (3) (c) 7. to 9. Register September 2021 No. 789, eff. 10-1-21; correction in (3) (a) 1. made under s. 35.17, Stats., Register September 2021 No. 789.

NR 113.12 NR 113.12 Septage storage facilities.

NR 113.12(1) (1) General.

NR 113.12(1)(a) (a) Applicability. The owner or operator of a septage only storage facility shall adhere to the requirements of this chapter. The owner or operator of a storage facility that stores septage mixed with other wastes or materials shall adhere to the requirements of this chapter in addition to the regulations that apply to those other wastes.

NR 113.12(1)(b) (b) Compliance with this chapter. The owner or operator of a septage storage facility shall comply with the provisions of this chapter unless specifically exempted by provisions of this section.

NR 113.12(1)(c) (c) Storage duration. No business or person may store septage for longer than 2 years.

NR 113.12(1)(d) (d) WPDES permit requirement. The department may on a case-by-case basis determine that the owner or operator of a septage storage facility shall obtain a WPDES general permit coverage, obtain a specific WPDES permit or modify an existing WPDES permit when the department determines it to be necessary to protect public health or the environment under sub. (5).

NR 113.12(2) (2) Approvals required prior to use. Prior to receiving septage, the owner or operator of a septage storage facility, unless exempted by rule or statute, shall obtain all of the following:

NR 113.12(2)(a) (a) Department plan and specification conditional approval or conditional acceptance of the storage facility under sub. (3).

NR 113.12(2)(b) (b) A WPDES permit or WPDES general permit coverage, if required under sub. (1) (d).

NR 113.12(2)(c) (c) A department approved spill plan under sub. (7) (a).

NR 113.12(2)(d) (d) A department approved management plan under sub. (7) (d).

NR 113.12(2)(e) (e) Department approval of a land application site submitted under s. NR 113.11 in conformity with this chapter if disposal of septage will include land application.

NR 113.12(3) (3) Plan and specification requirements-general. Prior to use, the owner or operator of a septage storage facility shall obtain a department plan and specification conditional approval or conditional acceptance and meet all of the following additional requirements as applicable:

NR 113.12(3)(a) (a) Septage facilities approved prior to October 1, 2021. A storage facility approved before October 1, 2021, that receives only septage and possesses written approval from the department may continue in operation. Within 24 months after October 1, 2021, the facility shall provide to the department all of the following:

NR 113.12(3)(a)1. 1. A spill plan in conformance with sub. (7).

NR 113.12(3)(a)2. 2. A management plan in conformance with sub. (7).

NR 113.12(3)(a)3. 3. If available, a copy of the construction inspection report in conformance with sub. (6). If this report is unavailable, the facility owner or operator shall provide an inspection report completed by a qualified inspector for each storage unit completed within the last 2 years.

NR 113.12(3)(b) (b) Transfer ownership of previously approved septage storage facilities. A septage only storage facility for which the department has issued written approval may continue in operation after the transfer of ownership and upon the new owner of the septage storage facility completing all of the following:

NR 113.12(3)(b)1. 1. Within 15 days of ownership transfer notifying the department of the change of ownership and providing new owner’s contact information including legal entity name, address, phone number, and email address.

NR 113.12(3)(b)2. 2. Within 15 days of ownership transfer providing to the department a copy of the plan and specification approval, conditional approval, or acceptance.

NR 113.12(3)(b)3. 3. Within 60 days of ownership transfer, submitting to the department all of the following:

NR 113.12(3)(b)3.a. a. A spill plan in conformance with sub. (7) (a).

NR 113.12(3)(b)3.b. b. A management plan in conformance with sub. (7) (d).

NR 113.12(3)(b)3.c. c. A reevaluation inspection report in conformance with sub. (6).

NR 113.12(3)(b)3.d. d. If available, a copy of the construction inspection report under sub. (6) (a). If this report is unavailable, the facility new owner shall provide an inspection report completed by a qualified inspector for each storage unit completed within the last 2 years.

NR 113.12(3)(b)3.e. e. Department approval of a land application site submitted under s. NR 113.11 in conformity with this chapter if disposal of septage will include land application.

NR 113.12(3)(c) (c) Proposed new septage storage facilities. The owner or operator of a septage storage facility constructed after October 1, 2021, shall adhere to all of the following requirements:

NR 113.12(3)(c)1. 1. A septage structure constructed after October 1, 2021, shall be designed and constructed to the requirements under ch. NR 110 unless exempted under par. (d).

NR 113.12(3)(c)2. 2. The separation distances shall meet the requirements under sub. (4).

NR 113.12(3)(c)3. 3. Plans and specifications shall be submitted to the department for review and approval.

NR 113.12(3)(c)4. 4. Within 60 days of construction completion and prior to use, the owner or operator of the septage storage facility shall submit to the department all of the following:

NR 113.12(3)(c)4.a. a. A spill plan in conformance with sub. (7) (a).

NR 113.12(3)(c)4.b. b. A management plan in conformance with sub. (7) (d).

NR 113.12(3)(c)4.c. c. A copy of the construction inspection report in conformance with sub. (6).

NR 113.12(3)(d) (d) Exemptions from ch. NR 110 for septage storage facilities constructed after October 1, 2021. The department may issue exemptions from the design and submittal requirements of ch. NR 110 for a septage storage facility constructed after October 1, 2021, when the new septage storage facility meets all of the following:

NR 113.12(3)(d)1. 1. The proposed septage storage facility added together with the septage storage facilities located on the same parcel possesses a maximum capacity of 50,000 gallons or less.

NR 113.12 Note Note: The following provides an example. At parcel X, there are septage storage facilities A and B. The capacity of A is 20,000 gallons. The capacity of B is 20,000 gallons. After the effective date of this rule order, a new septage storage facility C is proposed. C must possess a maximum capacity of 10,000 gallons or less in order to be exempted from the design and submittal requirements of ch. NR 110.

NR 113.12(3)(d)2. 2. The proposed septage storage facility includes only tanks approved under ch. SPS 384.

NR 113.12(3)(d)3. 3. All storage tank installations comply with the applicable sections of the DSPS holding tank component manual that is in effect at the time of installation and ch. SPS 384.

NR 113.12(3)(d)4. 4. The exemption application to the department shall include all of the following:

NR 113.12(3)(d)4.a. a. A completed application providing facts adequately describing the facility as may be required by the department.

NR 113.12(3)(d)4.b. b. A septage storage plan index and cover sheet that is properly signed, dated and properly labeled with page numbers. The index and cover sheet shall be included with the submittal by a designer of engineering systems-plumbing, designer of engineering systems-private sewage systems, master plumber, master plumber restricted service, or professional engineer.

NR 113.12(3)(d)4.c. c. A copy of the tank DSPS tank approval letter.

NR 113.12(3)(d)4.d. d. The DSPS approved tank plans and specifications.

NR 113.12(3)(d)4.e. e. A set of plans and specifications that provide design and layout and clearly indicate existing and proposed tank locations, buildings and building uses, driveways, property boundaries, wells, waterbodies, slopes, driveways, supplementary equipment such as screens, filters, refuse receptacles, receiving station, land uses in the vicinity, and any other relevant information as deemed necessary by the department. The north arrow shall be included for orientation. The drawing shall be drawn to scale and indicate the scale. If using an index sheet, the index sheet shall indicate each page and page number, total number of pages, the name of the submitter, the submitter’s signature, and the date of submittal. Each additional page shall be clearly numbered.

NR 113.12(3)(d)4.f. f. A design report that includes plans and specifications for all septage storage facilities. The design report shall show calculations used to design the septage storage facilities. The report shall show proof that the designer considered factors relevant in preparing the plans and specifications. Factors include all of the following: volume of septage, types of septage, screen for debris, degree or extent of mixing, any lime addition and mixing for meeting vector attraction reduction, sediment removal, odor controls, pumps for removal, and other factors as necessary to provide an adequate description of the storage facility. The design report shall be included with the submittal by a designer of engineering systems-plumbing, designer of engineering systems-private sewage, master plumber, master plumber restricted service, or professional engineer.

NR 113.12(3)(d)4.g. g. A statement from the owner that indicates the tank is not part of a private onsite water treatment system that discharges to the waters of the state.

NR 113.12(3)(e) (e) Delegation of review authority. The department may not delegate review authority for septage storage facilities to counties or other local governmental entities.

NR 113.12 Note Note: See ss. 281.41 and 281.48, Stats., and s. NR 113.10. Governmental units responsible for regulation of private onsite wastewater treatment systems as defined under s. 145.01 (5), Stats., do not possess the regulatory authority under s. 145.20, Stats., for septage storage as septage storage is not defined as a private onsite wastewater treatment system under s. NR 145.01 (12).

NR 113.12(3)(f) (f) Proposed conversion of an existing storage facility to septage only storage facility. When an owner or operator of an existing non-septage storage facility proposes to convert the storage facility to septage only storage, the storage facility shall adhere to all of the following prior to use:

NR 113.12(3)(f)1. 1. The existing storage facility, after modifications if necessary, shall adhere to all of the requirements under ch. NR 110.

NR 113.12(3)(f)2. 2. The department may allow exemptions from ch. NR 110 design standards and materials requirements if all of the following conditions are met:

NR 113.12(3)(f)2.a. a. The owner or operator can demonstrate that the design standards and material requirements are more stringent than necessary to comply with the provisions of ch. NR 140 and chs. 160 and 283, Stats. The owner or operator shall justify such an exemption from the design standards and material requirements by demonstrating the alternative design will not contribute to the exceedance of applicable groundwater and surface water standards.

NR 113.12(3)(f)2.b. b. The department shall consider all of the following factors when reviewing an alternative design in consideration of granting an exemption: physical characteristics of the site, such as soil texture, soil permeability, depth to groundwater, and depth to and type of bedrock; age and condition of the existing structure; analytical data from existing groundwater monitoring wells or any wells that may be installed as part of the demonstration; the quantity and composition of the materials stored or treated at the facility; the compatibility between the materials stored or treated at the facility; proximity of storage to surface waters, secondary containment, and any other information relevant to the environmental impacts of the facility’s operations.

NR 113.12(3)(f)3. 3. The owner or operator of the storage facility may request an exemption from the design standards and material standards by submitting facts to support the exemption request to the department in the application for plans and specifications.

NR 113.12(3)(f)4. 4. The separation distances shall meet the requirements under sub. (4).

NR 113.12(3)(f)5. 5. Plans and specifications shall be submitted to the department for review and acceptance.

NR 113.12(3)(f)6. 6. Prior to use of the septage storage facility the owner or operator of the septage storage facility shall submit to the department all of the following:

NR 113.12(3)(f)6.a. a. A spill plan in conformance with sub. (7) (a).

NR 113.12(3)(f)6.b. b. A management plan in conformance with sub. (7) (d).

NR 113.12(3)(f)6.c. c. A conversion inspection report in conformance with sub. (6).

NR 113.12(3)(f)6.d. d. A report of department approved land application sites if disposal of septage will include land application.

NR 113.12(3)(f)7. 7. Prior to use, the owner or operator of the septage storage facility shall submit to the department a report indicating that any deficiencies identified in the conversion inspection report were corrected.

NR 113.12(3)(g) (g) Proposed conversion of manure storage facility to a storage facility mixing septage with manure. When the owner or operator of an existing manure storage facility proposes to accept septage into the manure storage facility, all of the following requirements shall apply:

NR 113.12(3)(g)1. 1. Septage may not be stored in the manure storage facility if the storage facility is located under a building where animals are housed.

NR 113.12(3)(g)2. 2. Septage may not be mixed or stored with manure at a dairy farm regulated under ch. ATCP 65.

NR 113.12 Note Note: Section ATCP 65.22 (6) (c) prohibits the mixing of human waste or septage with animal manure on a dairy farm.

NR 113.12(3)(g)3. 3. The septage-manure mixture is subject to all ch. ATCP 50 requirements.

NR 113.12(3)(g)4. 4. The septage-manure mixture shall comply with the requirements under county land and water conservation ordinance requirements and local ordinance requirements together with all of the following requirements:

NR 113.12(3)(g)4.a. a. The existing manure storage facility shall adhere to all applicable design standards and material requirements under U.S. department of agriculture, natural resources conservation service, code 313, NRCS standard 313, dated May 2016, or equivalent. The owner or operator of the manure storage facility shall collect records from the county land and water conservation department and submit those documents to the department for review and acceptance.

NR 113.12 Note Note: Copies of NRCS Standard 313, May 2016 are available for inspection in the offices of the department of natural resources, the legislative reference bureau, and U.S. department of agriculture, natural resources conservation service. NRCS 313 can be downloaded at the following link: https://www.nrcs.usda.gov/wps/PA_NRCSConsumption/download?cid=stelprdb1254945&ext=pdf.

NR 113.12(3)(g)4.b. b. The owner or operator of the manure storage facility shall provide evidence to the department that the addition of septage to the manure storage structure is not contrary to county manure storage structure requirements and that enough acreage exists for compliance with county land and water conservation nutrient management requirements.

NR 113.12(3)(g)4.c. c. The manure storage facility shall provide a copy of an inspection report to the department under sub. (6) (d).

NR 113.12(3)(g)5. 5. The septage storage shall adhere to the requirements under ch. NR 110.

NR 113.12(3)(g)6. 6. The department may allow exemptions from the ch. NR 110 design standards and materials requirements under par. (h).

NR 113.12(3)(g)7. 7. The separation distances shall meet the requirements under sub. (4).

NR 113.12(3)(g)8. 8. The owner or operator of the manure storage facility shall provide the department an operations report for review and acceptance to show the septage and manure mixture is protective of public health and the environment. The operations report shall include all of the following:

NR 113.12(3)(g)8.a. a. The location of the facility.