Chapter NR 113

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.

NR 113.12(7)(a)2. 2. ‘Spill plan.’ A written procedure for spill and accident cleanup shall be developed prior to the use of the storage facility. The spill plan shall address examples of different types and quantities of spills, procedures, and equipment to render the spills harmless, and contact information including the department spills hotline for reporting purposes. The spill plan shall include contact names and contact information for individuals and businesses that will provide additional servicing vehicles and response services. This written procedure shall also be a part of the management plan for the storage facility under sub. (7) (d), shall be made available upon department inspection, and shall be placed and maintained in all of the following locations:

NR 113.12(7)(a)2.a. a. Included in the cab of each vehicle that discharges to the storage facility and removes septage from the storage facility.

NR 113.12(7)(a)2.b. b. Onsite at the storage facility.

NR 113.12(7)(b) (b) Nuisance abatement. The owner or operator of the septage storage facility shall conform to all of the following:

NR 113.12(7)(b)1. 1. Operations shall be conducted in a manner that does not cause a nuisance or health hazard.

NR 113.12(7)(b)2. 2. Discharge valves on tanks, piping and other equipment shall be watertight, capped when not in use, and constructed and located so as to minimize any accidental spills.

NR 113.12(7)(b)3. 3. Hoses and piping, when not in actual use, shall be stored so as to prevent leakage or dripping of septage.

NR 113.12(7)(b)4. 4. To minimize unsanitary conditions, solid waste receptacles shall be used and serviced when equipment including screening, lime-mixing, and other equipment are used.

NR 113.12(7)(c) (c) Recordkeeping and reporting information. The owner or operator of the septage storage facility shall conform to all of the following:

NR 113.12(7)(c)1. 1. ‘General.’

NR 113.12(7)(c)1.a. a. Daily logs shall describe all daily activities pertaining to discharging into or out of the septage storage facility. Daily logs shall provide a clear description of daily activities.

NR 113.12(7)(c)1.b. b. Land application records shall include pathogen control and vector attraction reduction requirements, including daily records of testing results, durations, and completion times under ss. NR 113.07 and 113.11.

NR 113.12(7)(c)1.c. c. Originals of the daily log sheets and other records including influent logs shall be maintained by the septage storage facility for a minimum of 5 years and made available upon department inspection.

NR 113.12(7)(c)2. 2. ‘Influent logs.’ The septage storage facility shall record each load of septage hauled into the septage storage facility in daily logs, and include all of the following:

NR 113.12(7)(c)2.a. a. Pick-up or service date and time.

NR 113.12(7)(c)2.b. b. Waste type and quantity.

NR 113.12(7)(c)2.c. c. Septage servicing location and owner.

NR 113.12(7)(c)2.d. d. Other information as specified under s. NR 113.11 (3) (c).

NR 113.12(7)(c)3. 3. ‘Daily discharge logs.’ The septage storage facility shall maintain a daily discharge log of wastes removed from the septage storage facility. The daily discharge logs shall include all of the following information, if applicable:

NR 113.12(7)(c)3.a. a. Department approved site number.

NR 113.12(7)(c)3.b. b. Type of waste applied to approved sites.

NR 113.12(7)(c)3.c. c. The number of acres applied at each approved site.

NR 113.12(7)(c)3.d. d. Gallons of waste applied to approved site.

NR 113.12(7)(c)3.e. e. Application method approved under ch. NR 113.

NR 113.12(7)(c)3.f. f. Methods, description of those methods, and results of how pathogen control requirements are met under s. NR 113.07 (3).

NR 113.12(7)(c)3.g. g. Methods, descriptions of those methods, and results of how vector attraction reduction requirements are met under s. NR 113.07 (3).

NR 113.12(7)(c)3.h. h. WPDES permitted facility name and number or name and permit number of treatment facility if hauled out of state.

NR 113.12(7)(c)3.i. i. Gallons discharged at WPDES permitted facility.

NR 113.12(7)(c)3.j. j. Date and time of discharge.

NR 113.12(7)(c)3.k. k. Certification statement consistent with s. NR 113.07 (3).

NR 113.12(7)(c)4. 4. ‘Tracking of segregated septage wastes.’ If the septage storage facility possesses the ability to separate different types of septage waste, the facility shall track and differentiate the different septage wastes individually.

NR 113.12(7)(c)5. 5. ‘Annual reporting.’ The total quantity of waste applied to any site, discharged at treatment facilities or stored at storage facilities shall be reported on annual reports under s. NR 113.11.

NR 113.12(7)(c)6. 6. ‘Outfall assignment.’ The department may assign an identification number to different parts or entities of the septage storage facility and may require the septage storage facility to report discharge volumes for the septage storage facility.

NR 113.12(7)(d) (d) Management plan. The owner or operator of a septage storage facility shall prepare and submit for approval to the department a management plan for each septage facility. Each management plan shall meet all of the following requirements:

NR 113.12(7)(d)1. 1. The management plan shall provide for optimizing system performance and demonstrating compliance with the requirements of this chapter. Following approval by the department, the septage storage facility shall be operated in conformance with the management plan. If the owner or operator of the septage storage facility wishes to operate differently than specified in the approved management plan, the owner or operator shall submit a written request to the department for approval of the amendment of the management plan. The amendment approval request shall include a copy of the complete amended plan.

NR 113.12(7)(d)2. 2. The management plan and amendments shall include all of the following:

NR 113.12(7)(d)2.a. a. Information on any pretreatment processes.

NR 113.12(7)(d)2.b. b. Site identification on plat and soil maps.

NR 113.12(7)(d)2.c. c. Aerial photographs, if available.

NR 113.12(7)(d)2.d. d. Description of all site limitations, vegetative cover management and removal, availability of storage, type of transporting and spreading vehicle, load and rest schedules, and monitoring procedures.

NR 113.12(7)(d)2.e. e. Contingency plans for periods of adverse weather.

NR 113.12(7)(d)2.f. f. Pathogen control, vector reduction, odor, or nuisance abatement.

NR 113.12(7)(d)2.g. g. Any other pertinent information required by the department.

NR 113.12(7)(d)3. 3. The operation and management of the septage storage facility and land application activities shall be consistent with and in compliance with the department approved management plan. The management plan shall be consistent with the requirements under this chapter. A copy of the management plan shall be retained by the owner and operator and be made available upon department inspection.

NR 113.12(7)(d)4. 4. The management plan shall include all of the following:

NR 113.12(7)(d)4.a. a. The method utilized to discharge septage to the storage units.

NR 113.12(7)(d)4.b. b. The type of wastes to be land applied or disposed.

NR 113.12(7)(d)4.c. c. The record keeping system for septage being added to and removed from the storage units.

NR 113.12(7)(d)4.d. d. The description of how septage will be mixed in the storage units.

NR 113.12(7)(d)4.e. e. The description of how septage will be removed from the storage units.

NR 113.12(7)(d)4.f. f. The methods and description of equipment to be used to land apply the storage facility contents.

NR 113.12(7)(d)4.g. g. A description of procedures for regularly inspecting and maintaining each storage unit.

NR 113.12(7)(d)4.h. h. The method to be used to track application and loading rates to ensure septage is not overapplied.

NR 113.12(7)(d)4.i. i. Procedures describing the storage facility operation and maintenance during inclement weather.

NR 113.12(7)(d)4.j. j. A description of procedures and equipment available to monitor and control emergency events such as a large spill.

NR 113.12(7)(d)4.k. k. A description of the notification method and procedures that the owner or operator will use to submit to the department notifying the department 7 days prior to land application events. The department may waive the 7-day notification requirement when regular or ongoing land application events are proposed and details of the regular or ongoing land application events are included in the management plan.

NR 113.12(7)(d)4.L. L. Notification procedures in case of spills or emergency situations.