Chapter NR 213

NR 213.08   General design requirements.

Subchapter II — Lining of Industrial Lagoons

NR 213.09   General submittal requirements.

NR 213.10   General liner specifications.

NR 213.11   Specific liner specifications.

NR 213.12   Quality assurance and testing requirements.

Subchapter III — Design of Storage Structures

NR 213.13   Requirements for sweet corn silage stacks of greater than 150 tons which do not exceed 1200 tons at any one time.

NR 213.14   Stack structures for by-product solids.

NR 213.15   Storage tanks.

Ch. NR 213 Note Note: Corrections made under s. 13.93 (2m) (b) 5. and 7., Stats., Register, September, 1997, No. 501.

subch. I of ch. NR 213 Subchapter I — General

NR 213.01 NR 213.01 Purpose. The purpose of this chapter is to protect public health and welfare by restoring, maintaining and protecting the physical, chemical and biological integrity of the waters of the state and all uses of state groundwaters and surface waters in accordance with the provisions of ch. NR 140, and chs. 160 and 283, Stats.; and to establish minimum design standards, material requirements and performance criteria for all lagoons, storage structures or treatment structures that are regulated under ss. 281.41 and 283.31, Stats., and ch. NR 108, except those storage structures or treatment structures listed in s. NR 213.02 (2).

NR 213.01 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.02 NR 213.02 Applicability.

NR 213.02(1) (1) Structures regulated. This chapter is applicable to all lagoons, tanks, stacking structures, and other storage or treatment structures that receive industrial, commercial or agricultural wastewaters, associated sludges from industrial, commercial or agricultural sources, by-product solids and any resulting leachates. The performance criteria of this chapter may also be applicable to facilities that store other materials such as coal and road salt and the resulting runoff or leachate.

NR 213.02(2) (2) Structures excluded. This chapter is not applicable to:

NR 213.02(2)(a) (a) Land disposal systems, such as absorption ponds, which are regulated under ch. NR 214 or ch. 283, Stats.

NR 213.02(2)(b) (b) Lagoons licensed under ch. NR 132, 182, 500, 502, 504, or 660, or approved under subch. III of ch. 295, Stats.

NR 213.02(2)(c) (c) Lagoons used solely for research purposes under the direction of a Wisconsin registered professional engineer, soil scientist, geologist or a scientist employed by a university located within this state, if approved by the department and provided the following requirements are met.

NR 213.02(2)(c)1. 1. The size of the lagoon does not exceed one acre.

NR 213.02(2)(c)2. 2. The lagoon is developed, operated and maintained in a safe nuisance-free manner so that no pollutants enter waters of the state.

NR 213.02(2)(c)3. 3. Copies of the research proposal are submitted to the department prior to initiating construction and any resulting reports or publications on the research are provided to the department.

NR 213.02(2)(d) (d) Lagoons and storage structures designed, constructed and used solely for the storage of animal wastes.

NR 213.02(2)(e) (e) Sweet corn silage stacks which are utilized for direct feeding of livestock, have less than 150 tons on a site at any one time and are located such that surface water or groundwater pollution do not occur.

NR 213.02(2)(f) (f) All existing above ground and in-ground storage structures constructed of concrete, glass reinforced plastic or steel which are watertight and are used for the treatment or storage of wastewater.

NR 213.02 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90; CR 13-057: am. (2) (b) Register July 2015 No. 715, eff. 8-1-15.

NR 213.03 NR 213.03 Existing lagoons, storage structures and treatment structures.

NR 213.03(1) (1) Owners and operators of lagoons, storage structures and treatment structures existing prior [to] July 1, 1990 shall demonstrate to the satisfaction of the department that all existing lagoons, storage structures and treatment structures, except those structures listed in s. NR 213.02 (2), meet the purpose of this chapter by as soon as reasonably possible but no later than 5 years from July 1, 1990 or as specified by a WPDES permit.

NR 213.03(2) (2) A report evaluating compliance with the design standards, material specifications and performance criteria in this chapter shall be submitted to the department within 2 years of July 1, 1990 unless otherwise specified by a WPDES permit or other notification by the department.

NR 213.03(2)(b) (b) In the event that the owner cannot demonstrate compliance with all of the design standards and material requirements with the existing facility, the generator may request an exemption from the design standards and material requirements of this chapter in accordance with s. NR 213.06.

NR 213.03 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.04 NR 213.04 Definitions. The following definitions apply to the terms used in this chapter. Definitions of other terms and meanings of abbreviations are set forth in ch. NR 205.

NR 213.04(1) (1) “ASTM” means the American Society for Testing and Materials. Copies of ASTM standards referenced in this chapter are available for inspection at the offices of the department of natural resources, the secretary of state’s office and the legislative reference bureau. ASTM standards may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

NR 213.04(2) (2) “Base course” means the layer or layers of specified or selected material of designed thickness placed on a subbase or subgrade to support a surface course.

NR 213.04(3) (3) “Bedrock” means the rocks that underlie soil material or are at the earth’s surface which are encountered when the weathered in-place consolidated material, larger than 2 mm in size, is greater than 50% by volume.

NR 213.04(4) (4) “By-product solids” means waste solid products, including but not limited to cuttings or peelings generated at processing facilities, fresh or actively fermenting sweet corn silage, other food wastes and paunch manure.

NR 213.04(5) (5) “Coefficient of permeability” means the rate of discharge of water under laminar flow conditions, through a unit cross-sectional area of porous medium, under a unit hydraulic gradient and standard temperature.

NR 213.04(6) (6) “Community public water supply system” means a water supply system having at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents. Any water supply system 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 public water supply system unless information is available to indicate that 25 year-round residents will not be served.

NR 213.04(7) (7) “Detrimental effect” means contamination of the lands or waters of the state, or making the same injurious to public health, harmful for commercial or agricultural use, or deleterious to animal or plant life.

NR 213.04(8) (8) “Floodway” has the meaning specified under ch. NR 116.

NR 213.04(9) (9) “Groundwater” means any of the waters of the state, as defined in s. 281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil.

NR 213.04(10) (10) “Groundwater monitoring” means measuring the groundwater level and analyzing samples of water taken from the ground.

NR 213.04(11) (11) “Lagoon” means a natural or human-made containment structure, constructed primarily of earthen materials and used for the treatment or storage of industrial, commercial or agricultural wastewater, biological fermentation leachates or sludge.

NR 213.04(12) (12) “Pavement structure” means the combination of subbase, base and surface courses placed on a subgrade.

NR 213.04(13) (13) “Potable water supply well” means a well supplying water for human consumption, sanitary use or food product preparation.

NR 213.04(14) (14) “Storage structure” means either an earthen containment structure or a storage tank used for the storage of wastewater or biological fermentation leachates or a structure constructed for stacking and storage of by-product solids or other material.

NR 213.04(15) (15) “Storage tank” means a containment vessel fabricated of concrete, glass-reinforced plastic or steel for the purpose of storage or treatment of wastewater or biological fermentation leachates.

NR 213.04(16) (16) “Subbase” means the layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course.

NR 213.04(17) (17) “Subgrade” means the ground surface upon which the pavement structure is constructed.

NR 213.04(18) (18) “Surface course” means the layer or layers of specified material of designed thickness placed on a base course and forming the upper portion of a pavement structure. If more than one layer is specified, the bottom layer is referred to as the binder course.

NR 213.04(19) (19) “Treatment structure” means either an earthen treatment structure or a treatment tank used for the chemical, physical or biological treatment of wastewater or biological fermentation of leachates or a structure constructed for chemical, physical or biological treatment of by-product solids or other material.

NR 213.04(20) (20) “Wetlands” has the meaning specified under s. 23.32, Stats.

NR 213.04(21) (21) “WDOT standards for roads and bridge construction” means the Wisconsin department of transportation standard specifications for road and bridge construction, edition of 1989.

NR 213.04 Note Note: Copies of the WDOT standards may be inspected at the offices of the department, the secretary of state and the legislative reference bureau.

NR 213.04 History History: Cr. Register, July, 1984, No. 343, eff. 8-1-84; r. and recr. Register, June, 1990, No. 414, eff. 7-1-90; correction in (1) made under s. 13.92 (4) (b) 6., Stats.

NR 213.05 NR 213.05 Additional requirements. The design standards, material requirements or performance criteria of this chapter may be supplemented or superseded by more stringent requirements, including pretreatment requirements, more stringent design limitations, and more frequent or stringent effluent or groundwater monitoring requirements, if:

NR 213.05(1) (1) There is an increased possibility of groundwater contamination due to structure location, soil types, geologic condition or other conditions, or

NR 213.05(2) (2) The stored or treated material may contain any substance or concentration of substances not normally associated with the type of discharges identified in s. NR 213.02 (1), such as toxic substances or hazardous wastes, or

NR 213.05(3) (3) The storage structure or treatment unit may cause a public nuisance.

NR 213.05 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.06 NR 213.06 Exemptions from ch. NR 213.

NR 213.06(1) (1) The department may allow exemptions from the design standards and material requirements described in this chapter if the owner or operator can demonstrate that such 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 of this chapter by demonstrating that the alternative design will comply with the following performance criteria:

NR 213.06(1)(a) (a) That pollutant dilution, dispersion or degradation will occur within the design management zone as defined in ch. NR 140;

NR 213.06(1)(b) (b) That increases of substances in the groundwater from lagoons, storage structures and treatment structures at the site will be minimized to the extent technically and economically feasible; and

NR 213.06(1)(c) (c) That applicable groundwater and surface water standards will not be exceeded.

NR 213.06(2) (2) The department shall consider the following factors when reviewing an alternative design in consideration of granting an exemption:

NR 213.06(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 213.06(2)(b) (b) Age and condition of an existing structure.

NR 213.06(2)(c) (c) Analytical data from existing groundwater monitoring wells or any that may be installed as part of the demonstration.

NR 213.06(2)(d) (d) The quantity and composition of the materials stored or treated at the facility.

NR 213.06(2)(e) (e) The compatibility between the materials stored or treated and the lining of the storage or treatment unit.

NR 213.06(2)(f) (f) Any other information relevant to the environmental impacts of the facility’s operations.

NR 213.06(3) (3) Submitting an exemption request-new or modified structures. The owner or operator of a new or modified lagoon, storage structure or treatment structure may request an exemption from the design standards and material requirements of this chapter by submitting facts to the department:

NR 213.06(3)(a) (a) In the application for issuance, reissuance or modification of WPDES permit, or

NR 213.06(3)(b) (b) In plans and specifications for a new or expanded lagoon, storage structure or during the 90-day plan approval period as specified in s. 281.41, Stats., or

NR 213.06(3)(c) (c) During the 30-day public comment period following public notice by the department of intent to issue, reissue or modify a WPDES permit under s. 283.39, Stats., or

NR 213.06(3)(d) (d) At a public hearing held under s. 283.49 or 283.63, Stats.

NR 213.06(4) (4) Submitting an exemption request-existing structures. The owner or operator of a lagoon, storage structure or treatment structure in existence prior to July 1, 1990 may request an exemption from the design standards and material requirements of this chapter. If an exemption is not granted, the department shall propose to issue a new WPDES permit or modify the existing WPDES permit to include a schedule of compliance to achieve the purpose of this chapter.

NR 213.06 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90.

NR 213.07 NR 213.07 Abandonment. Lagoons, storage structures and treatment structures which will no longer be used, shall be properly abandoned within 2 years of the date on which waste material was last stored or treated. A plan outlining the proposed method of abandonment shall be submitted to the department for approval. This plan shall contain a procedure to properly identify the presence and characteristics of any accumulated solid waste and provide appropriate removal, disposal or recycling or treatment alternatives in accordance with applicable solid and hazardous waste laws. All recycling, treatment and disposal shall be conducted so as to protect public health and the environment. Unless otherwise directed by the department, all abandonment plans shall comply with ch. NR 720 for soils that have been contaminated by the contents of the lagoon, storage structure or treatment structure. The plan shall also address site restoration and any landscaping that will prevent accumulation of standing water or runoff. The department may require groundwater monitoring for a period of time after abandonment of the land treatment system to assess groundwater impacts. The design, installation, construction, abandonment and documentation of all monitoring wells shall be in accordance with the requirements of ch. NR 141.

NR 213.07 History History: Cr. Register, June, 1990, No. 414, eff. 7-1-90; am., Register, April, 1994, No. 460, eff. 5-1-94; am., Register, March, 1995, No. 471, eff. 4-1-95.

NR 213.08 NR 213.08 General design requirements.

NR 213.08(1) (1) Location.

NR 213.08(1)(a) (a) Lagoons, storage structures and treatment structures may not be located closer than:

NR 213.08(1)(a)1. 1. 1,000 feet from a well serving a community public water supply system.

NR 213.08(1)(a)2. 2. 250 feet from other potable water supply wells.

NR 213.08(1)(a)3. 3. 500 feet from an inhabited dwelling except that this distance may be reduced with written permission from the owner and occupants of the residence. The department may require a greater distance depending on the type of lagoon, storage structure or treatment structure and potential for aesthetic impacts and public health impacts.