Chapter NR 113

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.

NR 113.12(3)(g)8.b. b. The type and volume of the storage facility including construction and sealing details.

NR 113.12(3)(g)8.c. c. Sufficient site characteristics information to evaluate the environmental impact and suitability of the waste storage.

NR 113.12(3)(g)8.d. d. The name and address of the owner and operator of the storage facility.

NR 113.12(3)(g)8.e. e. Any contractual arrangements involved.

NR 113.12(3)(g)8.f. f. The type and composition of any wastes other than septage to be stored at the facility.

NR 113.12(3)(g)8.g. g. Sampling and analysis results of the combined waste in accordance with requirements of a WPDES permit or as required to provide nutrient analysis to comply with management planning requirements under ch. ATCP 50.

NR 113.12(3)(g)8.h. h. The methods to be used for land application of the septage-manure mixture.

NR 113.12(3)(g)9. 9. The owner or operator of the septage-manure storage facility shall determine the volume of septage to be placed into the manure storage facility and a calculation of the percentage of septage to manure. Upon determination, the following requirements apply:

NR 113.12(3)(g)9.a. a. If septage makes up 10 percent or more of the septage-manure mixture in the storage facility, or if there are greater than 50,000 gallons of septage in the septage-manure mixture, then the facility owner or operator shall submit a certification statement and corresponding documentation that the facility owner or operator land applies the entire contents of the storage facility in accordance with this chapter.

NR 113.12(3)(g)9.b. b. If septage makes up less than 10 percent of the mixture in the storage facility and there are 50,000 gallons or less of septage in the mixture storage facility, the septage shall be treated with lime or alkali prior to mixing with the manure to meet pathogen control and vector attraction reduction requirements of this chapter.

NR 113.12(3)(h) (h) Exemptions from ch. NR 110 for converting to combined septage and manure storage facilities.

NR 113.12(3)(h)1. 1. Exemptions from the design and submittal requirements under ch. NR 110 may be allowed by the department for converting manure storage into combined manure and septage storage facilities if the owner or operator can demonstrate that the design standards and material requirements are more stringent than necessary to comply with the provisions under 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 exceed applicable groundwater and surface water standards.

NR 113.12(3)(h)2. 2. The department may consider any of the following factors when reviewing an alternative design in consideration of granting an exemption under this paragraph:

NR 113.12(3)(h)2.a. a. Physical characteristics of the site, such as soil texture, soil permeability, depth to groundwater, and depth to and type of bedrock.

NR 113.12(3)(h)2.b. b. Age and condition of existing structures.

NR 113.12(3)(h)2.c. c. Analytical data from existing groundwater monitoring wells or any wells that may be installed as part of the demonstration.

NR 113.12(3)(h)2.d. d. Quantity and composition of the materials stored or treated at the facility.

NR 113.12(3)(h)2.e. e. Compatibility between the materials stored or treated at the facility.

NR 113.12(3)(h)2.f. f. Any other information relevant to the environmental impacts of the facility’s operations.

NR 113.12(3)(h)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(4) (4) Plan and specification requirements — separation distances.

NR 113.12(4)(a) (a) Separation distances. When evaluating septage storage facilities, the owner or operator of the storage facility shall ensure the separation distances for septage storage adhere to the requirements under ch. NR 110 at the time of construction except as provided under pars. (b) and (c).

NR 113.12(4)(b) (b) DSPS approvals. Tanks approved by DSPS under ch. SPS 384 with a maximum capacity of 50,000 gallons or less singly or when added together shall meet the separation requirements under ch. SPS 383 and be consistent with any DSPS approved component manual at the time of construction.

NR 113.12(4)(c) (c) Conversion of use. Conversion of existing non-septage storage facilities to septage storage facilities shall meet the separation requirements under ch. NR 110. Case-by-case exemptions under s. NR 110.04 may be approved by the department when the owner or operator of the septage storage facility is able to show adequate protections are available to protect public health and the environment.

NR 113.12 Note Note: Well and water supply setback requirements are located under chs. NR 811 and 812.

NR 113.12(5) (5) WPDES permit requirements.

NR 113.12(5)(a) (a) WPDES permit requirement. Except as provided under par. (b), no septage storage facility may operate until the department issues a WPDES permit to the owner or operator, or the department notifies the owner or operator that a WPDES general permit coverage covers the facility.

NR 113.12(5)(b) (b) WPDES permit exemptions.

NR 113.12(5)(b)1. 1. On a case-by-case basis, the department may require an exempted septage storage facility to obtain a WPDES permit for violations of this chapter or to protect public health, groundwater, and surface waters.

NR 113.12(5)(b)2. 2. A WPDES permit is not required for septage-only storage facilities when all of the following occur:

NR 113.12(5)(b)2.a. a. The storage unit is owned and operated by a licensed septage business.

NR 113.12(5)(b)2.b. b. When singly or when added together, the septage storage capacity is less than or equal to 550,000 gallons.

NR 113.12(5)(b)2.c. c. The septage storage facility submits plans and specifications to the department in conformance with sub. (3) and receives department conditional approval or conditional acceptance.

NR 113.12(5)(b)2.d. d. The septage storage facility complies with all other applicable requirements of sub. (3).

NR 113.12(5)(b)3. 3. A WPDES permit is not required for septage-manure storage facilities when all of the following occur:

NR 113.12(5)(b)3.a. a. Septage makes up less than 10 percent of the septage-manure mixture in the storage facility and there are 50,000 gallons or less of septage in the septage-manure storage facility.

NR 113.12(5)(b)3.b. b. The septage is treated with lime or alkali prior to mixing with manure to meet pathogen control and vector attraction reduction requirements under s. NR 113.07 (3) (d) and (e).

NR 113.12(5)(b)3.c. c. The department provides in writing that a WPDES permit is not required to the applicant.

NR 113.12(6) (6) Inspections, inspection reports, frequency.

NR 113.12(6)(a) (a) Construction inspection and report. During construction of a septage storage facility a qualified person shall observe and review the installation. Upon completion, the qualified person shall develop and submit a construction inspection report to the department verifying the storage facility was installed according to the plans and specifications conditionally approved by the department under sub. (2) (a). The construction report shall indicate any deviations from the plans and specifications and include information relating to any difficulties experienced during construction. When deviations from plans and specifications occurred or difficulties were experienced, the report shall include an evaluation by the qualified designer or engineer as to the impacts upon the integrity of the storage facility and address any deficiencies. The report shall be approved by the department prior to any use of the septage storage facility. The report shall contain information establishing the qualification of the person to adequately evaluate the integrity of the storage facility.

NR 113.12(6)(b) (b) Reevaluation inspection and report.

NR 113.12(6)(b)1. 1. The owner or operator of a septage storage facility shall complete a reevaluation inspection once every 10 years.

NR 113.12(6)(b)2. 2. The owner or operator of each septage storage facility shall have the septage storage facility reevaluated by a qualified person. The reevaluation inspection shall include an in-depth inspection of the multiple components of the septage storage facility including piping, valves, tank integrity, foundation, receiving facilities, and mixing facilities. If the facility is a lagoon, the lagoon shall comply with the sealing requirements under s. NR 110.24. The findings of the reevaluation inspection shall be compiled into a report. The report shall be submitted to the department. The report shall contain information establishing the qualifications of the inspector to adequately evaluate the integrity of the storage facility.

NR 113.12(6)(b)3. 3. The owner or operator of the septage storage facility shall report in writing to the department any deficiencies and identify plans and timeframes to correct the deficiencies identified by a reevaluation inspection under this paragraph. A qualified inspector shall verify that deficiencies have been corrected and communicate that information to the department in writing. The owner or operator shall indicate to the department in writing if the septage storage will be removed from service immediately.

NR 113.12(6)(b)4. 4. The owner or operator of the septage storage facility shall provide regular and timely communication to the department until the septage storage facility is remedied or permanently abandoned.

NR 113.12(6)(c) (c) Maintenance inspections and reporting.

NR 113.12(6)(c)1. 1. The owner or operator of the septage storage facility, or another person qualified to inspect the septage storage facility that is designated by the owner or operator of the septage storage facility, shall inspect each septage storage facility as part of ongoing maintenance of the septage storage facility. Each inspection shall include observations and recording of all of the following:

NR 113.12(6)(c)1.a. a. Any evidence of tank leakage.

NR 113.12(6)(c)1.b. b. Any evidence of pipe or valve leakage.

NR 113.12(6)(c)1.c. c. Missing equipment including caps or plugs.

NR 113.12(6)(c)1.d. d. Any evidence of visible cracks or rusting that indicate future potential issues.

NR 113.12(6)(c)1.e. e. Disappearance of volumes of septage within the septage storage facility.

NR 113.12(6)(c)2. 2. Maintenance inspections under subd. 1. shall be conducted and recorded monthly.

NR 113.12(6)(c)3. 3. The owner or operator of the septage storage facility shall notify the department within 30 days of becoming aware of findings that require the owner or operator to minimize or prevent the likelihood of any adverse impacts to public health, the waters of the state, or the environment. The owner or operator shall develop, communicate, and implement a plan to further identify and resolve any potential impacts.

NR 113.12(6)(d) (d) Conversion inspection and report. When an owner or operator proposes to convert an existing non-septage storage facility to a septage storage facility, a qualified inspector shall evaluate the existing facility. The evaluation shall review the existing storage facility under ch. NR 110 requirements. The evaluation shall compare the existing design with the proposed use, assess whether the existing design is compatible with septage storage, assess the structural integrity of the storage facility, determine if the storage facility will protect public health and the environment, and determine if there are any deficiencies of the existing facility that require repairs prior to using the existing storage structure. Additionally, the qualified person shall submit a report to the department, providing an assessment with the supporting information, and submit additional information collected that may be relevant to reviewing the structure. When repairs are required, a follow-up report shall be submitted to the department and indicate the repairs made and whether the repairs were made to satisfy any department concerns.

NR 113.12(7) (7) Additional requirements for all septage storage.

NR 113.12(7)(a) (a) Spills, spill reporting, and spill plan. The owner or operator of a septage storage facility shall conform to all of the following:

NR 113.12(7)(a)1. 1. ‘Spills and spill reporting.’ Any spill shall be cleaned up and the area shall be 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 113.12 Note Note: Spill reporting shall be consistent with s. 292.11, Stats., and ch. NR 706.