NR 110.03(16)
(16) "Infiltration" means water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such sources as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
NR 110.03(17)
(17) "Inflow" means water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
NR 110.03(18)
(18) "Interceptor sewer" means a sewer whose primary purpose is to transport wastewaters from collector sewers to a treatment facility.
NR 110.03(18m)
(18m) "Intermediate sludge storage" means the storage of sludge for a period of more than 24 hours and no more than 3 months.
NR 110.03(19)
(19) "Lagoon" means those sewage treatment facilities where the wastewater or sludge containment structure is constructed primarily of earthen materials.
NR 110.03(19m)
(19m) "Long-term sludge storage" means the storage of sludge for a period exceeding 3 months.
NR 110.03(21)
(21) "Municipality" means any city, town, village, county, utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
NR 110.03(22)
(22) "NEC" means the NFPA 70 National Electrical Code. Copies of the National Electrical Code are available for inspection at the offices of the department of natural resources, the secretary of state's office, and the legislative reference bureau. Copies may be obtained for personal use from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.
NR 110.03(23)
(23) "Owner" means the state, county, town, town sanitary district, city, village, firm, company, institution, association, utility district, school district, metropolitan sewerage district, or individual owning or operating a sewerage system.
NR 110.03(25)
(25) "Planning area" means that area under study as part of a facilities plan.
NR 110.03(26)
(26) "Planning period" means the period over which sewerage system alternatives are evaluated for cost-effectiveness. The planning period begins with the initiation of the operation of the proposed facilities.
NR 110.03(27)
(27) "Reviewable project" means any construction or installation project for which department approval is required, pursuant to s.
281.41, Stats., including any new sewerage system; and, any improvements, extensions, or alterations of existing sewerage systems which may effect the quality or quantity of effluent or the location of any outfall.
NR 110.03(28)
(28) "Sewage collection system" means the common sanitary sewers within a sewerage system which are primarily installed to receive wastewaters directly from facilities which convey wastewater from individual structures or from private property, and which include service connection "Y" fittings designed for connection with those facilities. The facilities which convey wastewater from individual structures, from private property to the public sanitary sewer, or its equivalent, are specifically excluded from the definition of "sewerage collection system"; except that pumping units and pressurized lines for individual structures or groups of structures may be included as part of a "sewage collection system" when such units are cost effective and are owned and maintained by the sewerage system owner.
NR 110.03(29)
(29) "Sewage treatment facilities" means sewerage systems defined in
sub. (30) exclusive of interceptor sewers and sewage collection systems.
NR 110.03(30)
(30) "Sewerage system" means all structures, conduits and pipes, by which sewage is collected, treated, and disposed of, except plumbing inside and in connection with buildings served, and service pipes, from building to street main.
NR 110.03(31)
(31) "Sewer service area" means that area served or anticipated to be served by a sewage collection system.
NR 110.03(31e)
(31e) "Sludge storage" means the retention of sludge at a treatment plant or at an approved off-site facility.
NR 110.03(31t)
(31t) "Short-term sludge storage" means the storage of sludge for a period of no more than 24 hours.
NR 110.03(32)
(32) "Staging period" means the period of time during which reserve capacity will be provided in the sewerage system for future domestic, commercial, and industrial flows.
NR 110.03(32m)
(32m) "Water table observation well" means any groundwater monitoring well whose screen intersects the water, which is installed for the specific purpose of determining either the elevation of the water table or the physical, chemical, biological or radiological properties of groundwater at the water table, or both.
NR 110.03(34)
(34) "WPDES permit" means the Wisconsin pollutant discharge elimination system permit issued by the department under
ch. 283, Stats., for the discharge of pollutants.
NR 110.03 History
History: Cr.
Register, November, 1974, No. 227, eff. 12-1-74; r. and recr.
Register, December, 1978, No. 276, eff. 1-1-79; cr. (20),
Register, August, 1981, No. 308, eff. 9-1-81; renum. (3) to (20) to be (11), (12), (14) to (18), (21), (23), (25) to (32) and (34) and am. (29) and (34), cr. (4) to (10), (13), (19), (20), (22), (24) and (33),
Register, February, 1983, No. 326, eff. 3-1-83; cr. (6m), (12m), (13e), (13t), (14e), (14t), (18m), (19m), (31e), (31t) and (32m), am. (19),
Register, November, 1990, No. 419, eff. 12-1-90; corrections in (2), (27), and (34) were made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545; corrections in (3), (4), (6), (22) and (33) made under s. 13.92 (4) (b) 6., Stats.,
Register February 2010 No. 650;
CR 09-123: r. (3), (5), (20), (24) and (33), r. and recr. (4) and (6), am. (9) and (22), cr. (12g)
Register July 2010 No. 655, eff. 8-1-10.
NR 110.04
NR 110.04
Alternative requirements. NR 110.04(1)
(1) If the owner of a proposed reviewable project feels that compliance with the design requirements of this chapter is impracticable, the reasons therefor shall be fully communicated in writing to the department prior to the submission of final plans. This communication must set forth alternative requirements for which department approval is sought and all pertinent facts, data, reports and studies supporting the imposition of such alternative requirements.
NR 110.04(2)
(2) If the department determines that compliance with the design requirements of this chapter would be impracticable in specific cases, it may approve alternative requirements which, in its opinion, are in substantial compliance with the requirements of this chapter.
NR 110.04 History
History: Cr.
Register, November, 1974, No. 227, eff. 12-1-74.
NR 110.05(1)(1)
Purpose. The purpose of this section is to insure that department approval of applications for sanitary sewer extensions are consistent with and enhance the policy of the state to restore and maintain the chemical, physical and biological integrity of its waters to protect public health, safeguard fish and aquatic life and scenic and ecological values and enhance the domestic, municipal, recreational, industrial, agricultural and other uses of water.
NR 110.05(2)(a)
(a) "Bypasses and overflows" means discharges of wastewater directly or indirectly to waters of the state during dry or wet weather flow conditions caused by the intentional or inadvertent diversion of all or a portion of the wastewater flow from a sewerage system.
NR 110.05(2)(b)
(b) "Category 1 bypasses and overflows" means those bypasses and overflows that occur more frequently or under less severe circumstances than category 2 bypasses and overflows within the meaning of
par. (c).
NR 110.05(2)(c)
(c) "Category 2 bypasses and overflows" means those bypasses and overflows occurring under abnormal circumstances. They may include an inadvertent bypass or overflow resulting from unanticipated equipment damage or failure, or temporary power interruption; a bypass or overflow necessary to prevent loss of life or severe property damage; or a bypass or overflow of excessive storm drainage or runoff resulting from a precipitation event having a probable recurrence frequency of once in 5 years or lesser recurrence frequency. For the purposes of determining sewer extension eligibility in the case of combined sewer systems, the bypass or overflow frequency necessary to achieve compliance with the applicable requirements derived from an applicable state court-approved stipulation, order or judgment shall be used in lieu of the 5-year storm frequency when that frequency is less stringent than the 5-year storm frequency; and in all other cases the 5-year storm frequency is used. If there is no state court-approved stipulation, order or judgment applicable to a combined sewer system, then the bypass or overflow frequency necessary to achieve compliance with all applicable requirements of
ch. 283, Stats., shall be used in lieu of the 5-year storm frequency when that frequency is less stringent than the 5-year storm frequency; and in all other cases, the 5-year storm frequency is used. When using the 5-year storm to define category 2 bypasses and overflows, other factors besides storm frequency shall be considered, including local storm patterns, snow melt and snow cover, soil types and soil conditions, and frost depth.
NR 110.05(2)(d)
(d) "Dry weather flow" means the total flow in the sewerage system, plus the total volume of all bypasses and overflows, which occurs in the absence of wet weather flow conditions, and includes infiltration resulting from seasonal high groundwater.
NR 110.05(2)(e)
(e) "Sewer extension" means installation of a sewer or interceptor sewer or extension thereof to provide additional capacity for new development within the existing or proposed tributary area of the extension. Alterations or modifications of previously existing sewerage systems designed to replace inadequate existing structures, or installed because of inadequate hydraulic sewer capacity, which do not extend sanitary sewer service to previously unserved areas are not sewer extensions within the meaning of this paragraph.
NR 110.05(2)(f)
(f) "Wet weather flow" means the total flow in the sewerage system, plus the total volume of all bypasses and overflows, which occurs during periods of precipitation or snowmelt, including but not limited to rain, sleet, snow, hail, melting snow, or stream flooding.
NR 110.05(2)(g)
(g) "WPDES permits" means Wisconsin pollutant discharge elimination system permits issued by the department under
ch. 283, Stats., for the discharge of pollutants.
NR 110.05(3)
(3) Permissive approvals of sewer extension applications. NR 110.05(3)(a)(a) Unless an approval would be contrary to the purpose of this section, applications for sanitary sewer extensions shall be approved if the sewer will be tributary to:
NR 110.05(3)(a)1.
1. A sewerage system which experiences no category 1 bypasses and overflows and
NR 110.05(3)(a)2.
2. A sewage treatment plant which discharges an effluent in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in
ch. NR 210 or
214, or with any more stringent water quality related effluent limitations required to achieve applicable water quality standards derived from
chs. NR 102 to
104, or from any federal water quality standard promulgated pursuant to section 303 of P.L.
95-217 for any waters of the state.
NR 110.05(3)(b)
(b) In the event that the WPDES permit for a sewage treatment plant currently discharging an effluent in accordance with
ch. NR 210, establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations applicable to such treatment plant, compliance with the schedule of compliance in the discharge permit will be deemed to be compliance with the applicable water quality related effluent limitations.
NR 110.05(3)(c)
(c) In determining whether a discharged effluent is in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in
ch. NR 210 or
214, or with any more stringent water quality related effluent limitations required to achieve applicable water quality standards the following procedure shall apply:
NR 110.05(3)(c)1.
1. Compliance shall be determined by staff review of the previous 12 months of discharge monitoring data. If 12 months of data are not available, the review shall be based on the data that are available.
NR 110.05(3)(c)2.
2. More than a total of 3 months of violations of the monthly average limitations for either BOD or suspended solids or both in the previous 12 months (or the equivalent ratio for the number of months of data available) shall cause denial, subject to the following additional considerations:
NR 110.05(3)(c)2.a.
a. Recognition of the inherent inaccuracy of the BOD and suspended solids tests shall be given by multiplying the monthly average effluent limitations as specified in the permit by a factor of 1.3 for BOD and 1.2 for suspended solids for purposes of determining whether monthly average effluent results are in compliance.
NR 110.05(3)(c)2.b.
b. The department may grant approval if it determines that, due to a demonstrable action by the permittee, the plant has been in compliance for 4 or more consecutive months, thus demonstrating a trend toward better operation.
NR 110.05(3)(c)2.c.
c. The department may grant approval in those instances where noncompliance with the effluent limitations has been caused by algae growth in a treatment facility utilizing lagoons as the principal treatment device.
NR 110.05(3)(c)2.d.
d. The department may grant approval if it determines that noncompliance with the effluent limitations has been caused by operating difficulties associated with plant startup for those sewage treatment facilities which have recently been constructed or undergone major modification or expansion. The period described as plant startup may be no longer than 12 consecutive months.
NR 110.05(4)(a)(a) Applications for sanitary sewer extensions shall be denied if the sewer will be tributary to any of the following:
NR 110.05(4)(a)1.
1. A sewage treatment plant which discharges an effluent not in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD5) and total suspended solids contained in
ch. NR 210 or
214, or with any more stringent water quality related effluent limitations required to achieve applicable water quality standards derived from
chs. NR 102 to
104 or from any federal water quality standard promulgated pursuant to
33 USC 1313 for any waters of the state.
NR 110.05(4)(a)2.
2. A sewerage system in which any category 1 bypasses or overflows occur.
NR 110.05(4)(b)
(b) If the WPDES permit for a sewage treatment plant currently discharging an effluent in accordance with
ch. NR 210 establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations applicable to such treatment plant, compliance with the schedule of compliance in the discharge permit shall be deemed to be compliance with the applicable water quality related effluent limitations.
NR 110.05(5)
(5) Exceptions. Sewer extensions otherwise prohibited by
sub. (4) may be granted by the department upon the determination of any of the following:
NR 110.05(5)(a)
(a) That construction of the subdivision, commercial establishment, institutional facility or industrial plant had commenced prior to May 24, 1976, as evidenced by the issuance of a building permit;
NR 110.05(5)(b)
(b) That the area to be served was developed prior to May 24, 1976 and that the sewer extension will eliminate use of existing private sewage systems which pose a threat to the public health or safety, provided that connections to the sewer are allowed only for the existing development;
NR 110.05(5)(c)
(c) That the sewers to be installed will result in the elimination of existing category 1 bypasses or overflows or will result in the abandonment of an existing inadequate sewage treatment plant;
NR 110.05(5)(d)
(d) That the proposed extension is a modification of a sewer extension previously approved by the department, providing that the modification results in no increase in the anticipated waste discharge to the sewer system;
NR 110.05(5)(e)
(e) That the facilities to be served are intended primarily to provide educational, humanitarian, or charitable community services;
NR 110.05(5)(f)
(f) That the program, time schedule, and the commitment to proceed are established in a court-approved stipulation, order, or judgment.
NR 110.05(6)
(6) Connection restrictions. As a condition of any approval granted under
sub. (5), the department may require that an applicant for a sewer extension restrict the number of connections made to the sewer system in accordance with a prescribed schedule.
NR 110.05(7)
(7) Enforcement responsibilities. Category 2 bypasses and overflows, which result in violations of WPDES permits or court orders and judgments, may still result in enforcement action, notwithstanding a favorable determination regarding future sewer extensions. The 5-year storm frequency does not represent a criterion for determining compliance with effluent limitations.
NR 110.05 History
History: Cr.
Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 5-24-76; r. and recr.
Register, September, 1976, No. 249, eff. 10-1-76; am. (3) (b) and (4) (b),
Register, April, 1980, No. 292, eff. 5-1-80; am.
Register, August, 1981, No. 308, eff. 9-1-81; am. (4), r. (7), renum. (8) to be (7),
Register, June, 1982, No. 318, eff. 7-1-82; emerg. cr. (5) (g), eff. 4-15-83; cr. (5) (g)
Register, September, 1983, No. 333, eff. 10-1-83; corrections in (2) (c) and (g) were made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545;
CR 09-123: am. (2) (c), (5) (c) and (6), r. and recr. (4), r. (5) (g)
Register July 2010 No. 655, eff. 8-1-10.
NR 110.06
NR 110.06
Construction plans for reviewable projects. NR 110.06(1)(1) All construction plans for reviewable projects submitted to the department shall be in conformance with
ch. NR 108, and shall bear a suitable title block which includes the name of the owner, the scale and the date. The north point shall be shown on each plan. All plans shall be clear and legible. Blueprints will not be accepted. The datum used shall be indicated and shall be related to U.S.G.S. datum.
NR 110.06(2)
(2) Detailed construction plans shall contain appropriate plan views, elevations, necessary sections and supplemental views which together with the specifications provide all necessary information for construction of the project. Manufacturers' drawings shall not be accepted.
NR 110.06(3)
(3) All construction plans shall be in conformance with an approved facilities plan as required in
s. NR 110.08 (1).
NR 110.06(4)
(4) If the construction of a proposed project requires, or may require, any permit under s.
30.12,
30.19,
30.195, or
30.20, Stats., application for the necessary permits shall be made to the department at the same time the project plans and specifications are submitted for review. Failure to apply for the necessary permits shall be cause for denial or rejection of the plans and specifications.
NR 110.06 Note
Note: Applicable state and local codes, including those of the department of industry, labor and human relations, the public service commission and the department of health and social services, should be consulted for other requirements.
NR 110.06 History
History: Cr.
Register, November, 1974, No. 227, eff. 12-1-74; r. and recr.
Register, December, 1978, No. 276, eff. 1-1-79; cr. (4),
Register, February, 1983, No. 326, eff. 3-1-83.
NR 110.07
NR 110.07
Specifications for reviewable projects. NR 110.07(1)(1) Complete technical specifications for all reviewable projects shall accompany the construction plans. Where feasible the specifications shall contain provisions for maintaining the same degree of wastewater treatment during construction as that which existed prior to the start of construction.
NR 110.07(2)
(2) The specifications accompanying the detailed construction drawing shall include, wherever applicable:
NR 110.07(2)(b)
(b) The complete requirements for all mechanical and electrical equipment;
NR 110.07(2)(c)
(c) The type and operating characteristics of all equipment;
NR 110.07(2)(g)
(g) The instructions for testing materials and equipment to meet design standards.
NR 110.07(3)
(3) Specifications reproduced from manufacturers' data and bearing the manufacturers' labels will not be accepted.
NR 110.07 History
History: Cr.
Register, November, 1974, No. 227, eff. 12-1-74; r. and recr.
Register, December, 1978, No. 276, eff. 1-1-79.
NR 110.08
NR 110.08
Facilities plans for reviewable projects. NR 110.08(1)(1)
Applicability. A facilities plan shall be prepared for each reviewable project submitted to the department for approval. Facilities plans for sewage treatment facilities or new sewage collection systems shall be submitted to and approved by the department prior to submittal of the construction plans and specifications. The department may accept construction plans and specifications for review prior to facilities plan approval provided that all substantive issues of the facilities plan review have been resolved.
NR 110.08(2)
(2) Content. The facilities plan for municipally owned sewage treatment facilities, sewage collection systems, and interceptors shall contain all of the information required by
s. NR 110.09 (1) through
(6),
110.10 (1) and
(2), or
110.11 (1), whichever are applicable. The following facilities planning requirements do not apply to nonmunicipally owned facilities:
s. NR 110.09 (1) (b) 3.,
5. and
8., and
(2) (b) to
(e) and
(j) to
(m). The level of detail necessary to fulfill the requirements of this subsection may vary depending on the size and complexity of the project.
NR 110.08(3)
(3) Wisconsin environmental policy act review. Facilities plans shall be reviewed by the department in accordance with
ch. NR 150.
NR 110.08(4)
(4) Conformance with approved areawide waste treatment management plans. All approvable sewerage system facility plans must be in conformance with approved areawide waste treatment management plans unless the department determines that such plans conflict with the department's responsibilities to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private. In the absence of an approved areawide waste treatment management plan, no determination of such conformance is required.
NR 110.08(5)
(5) Approval of new sewage treatment facilities. It is the policy of the department to restrict the construction of new sewage treatment facilities in order to preserve and protect the quality of the waters of the state. The department may deny requests for approval of new sewage treatment facilities unless they meet the following criteria:
NR 110.08(5)(a)
(a) Treatment facilities to serve existing residential development. Proposals for new treatment facilities to serve existing residential development may not be approved unless:
