NR 113.02 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97; corrections in (3) and (4) made under s. 13.92 (4) (b) 7.
, Stats., Register February 2010 No. 650
NR 113.03 Definitions.
In addition to the definitions and abbreviations in s. 281.48
, Stats., the following definitions apply to terms used in this chapter:
“Agricultural land" means land on which a food crop, a feed crop or fiber crop will be grown within 12 months after septage is applied to the land. This includes range land and land used as pasture.
“Agronomic rate" means the total septage application rate (dry weight basis) designed to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or other vegetation grown on the land and designed to minimize the amount of nitrogen in the septage that passes below the root zone of the crop or vegetation grown on the land to the ground water.
“Application rate" means the hydraulic loading limits placed on a landspreading site or field normally expressed as gallons/acre/week.
“Approved site" means property approved by the department or its agent for the disposal, recycling or storage of septage.
“Available nitrogen" means the nitrogen present in the septage in the NH3
-N form and the nitrogen that is mineralized from the organic nitrogen in the septage, both of which can then be absorbed and assimilated by growing plants in the cropping year.
“Available water capacity" means the amount of water which is readily held by the soil and available for plant uptake. Available water holding capacity shall be calculated using the following table or other method acceptable to the department:
- See PDF for table
- See PDF for table
“Bedrock" means the rocks that underlie soil material. Bedrock is present at the earth's surface when the weathered in-place consolidated material, larger than 2mm in size, is greater than 50% by volume.
“Business" means any individual, partnership, corporation or body politic that does servicing.
“Certified operator" means any person servicing private sewage systems such as septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms who holds a valid Wisconsin septage servicing operator's certificate under ch. NR 114
“Community well" means a public well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. Any public well 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 well unless information is available to indicate that 25 year-round residents will not be served.
“Complete application" means the uniform spreading of septage over the entire site at a rate not to exceed 12,800 gallons per acre per week of septic tank wastewater or holding tank wastewater or 4,400 gallons per acre per week of grease interceptor wastewater.
“Department" means the department of natural resources.
“Disposal" means the controlled discharge of septage to a POTW, treatment or storage lagoon, or to an agricultural field for the purpose of recycling nutrients back into the environment.
“Dormant field" means a field that is not currently used or will not be used within 12 months after septage has been applied to the field for the harvesting of a crop. A field may have a vegetative cover crop grown on it, and a need for increased organic matter.
“Dosing chamber" means a water tight receptacle that employs a pump or automatic siphon to elevate or distribute effluent to the private sewage system.
“Dry run" means a drainage pathway, either natural or artificial, with definable banks, which contains a confined flow during periods of runoff.
“Farmer" means a person who owns or leases a contiguous parcel of land of 40 acres or more that the person is using for agricultural purposes.
“Food crops" means tobacco and crops grown for human consumption.
“Grease interceptor" means a water tight receptacle designed to intercept and retain grease or fatty substances contained in kitchen and other food wastes. Grease interceptor and grease trap mean the same thing.
“Groundwater" means any of the waters of the state, as defined in s. 299.01 (5)
, Stats., occurring in a saturated subsurface geological formation of permeable rock or soil.
“High groundwater level" means the higher of either the elevation to which the soil is saturated as observed as a free water surface in an unlined hole, or the elevation to which the soil has been seasonally or periodically saturated as indicated by soil color patterns throughout the soil profile.
“High use field" means a field that receives more than 3 complete applications of septage per year and the number of applications are limited to the crop nutrient requirements.
“Holding tank" means an approved watertight receptacle for the collection and holding of sewage.
“Hydraulic loading rate" means the volume of waste discharged per unit area per unit time.
“Incorporation" means the mixing of septage with topsoil, by methods such as discing, mold-board plowing, chisel plowing or rototilling to a minimum depth of 4 inches.
“Industrial wastes" means industrial wastes which are biodegradable and of animal or plant origin, and includes suspended solids which are in a fluid or semifluid or solid state and are not regulated by chs. NR 214
“Injection" means the subsurface placement of septage to a depth of 4 to 12 inches.
“Land application" or “landspreading" means the spraying or spreading of septage onto the land surface, the injection of septage below the land surface, or the incorporation of septage into the soil, so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil.
“Land with a high potential for public exposure" means land that the public uses frequently or may readily come in contact with and has received land application of septage or septage byproducts within the last 12 months. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms and golf courses.
“Litter free" means the absence of nonbiodegradable material such as plastics or glass of 2 inches or greater in length on the soil surface.
“Low use field" means a field that receives 3 or less complete applications of septage per year.
“Nuisance" means any source of filth or probable cause of sickness not in compliance with this rule.
“Parcel of land" means property that is contiguous and under the same ownership interest.
NR 113.03 Note
Note: If a farmer owns a parcel of land that is split or divided by a public or private road or a railroad, the land on the other side of the road will be considered part of the same parcel of land.
“Pasture crop" means a crop such as legumes, grasses, grain stubble or stover which is consumed by animals while grazing.
“Pathogens" means disease causing organisms. This includes, but is not limited to, certain bacteria, protozoa, viruses and viable helminth ova.
“Permeability" means the rate of movement of liquid through the soil.
“Ponding" means the presence of free liquid over an area of 4 square feet or more, visible 2 hours after application of the septage. An example of a 4 square foot area would be an area 4 feet by 1 foot.
“Portable restroom" means fixtures, incorporating holding tank facilities, designed to directly receive human excrement. Portable restrooms are self-contained units, may be designed for one or more person's use at a given time and are readily transportable.
“Posting" means the placement of signs on the perimeter of a site or field that contain a notice of septage application, name, address and telephone number of the hauler spreading the septage and are spaced not more than 500 feet apart.
“Privy" means a cavity in the ground or a portable above-ground device constructed for toilet uses which receives human excrement either to be partially absorbed directly by the surrounding soil or stored for decomposition and periodic removal.
“Public contact site" means land with a high potential for contact by the public. Some examples include public parks, ball fields, cemeteries, plant nurseries, turf farms and golf courses.
“Publicly owned treatment works holding tank service area" means the area outside the POTW's sewer service area, where the area has a contract for service with the POTW to provide permanent service and the area has been added to the POTW's service area.
“Publicly owned treatment works planning area" means the area delineated in map form in which the service area delineation for a specific POTW is being or has been prepared to cover.
“Publicly owned treatment works sewer service area" means the area presently served and anticipated to be served by a sewage collection system as approved under ch. NR 121
or as a facility planning effort done under ch. NR 110
, if no ch. NR 121
designation has been made.
“Reclamation site" means drastically disturbed land that is reclaimed. This includes, but is not limited to, strip mines and construction sites.
“Recreational site" means a designated area clearly identified and maintained for the purpose of providing an opportunity for recreational activity.
“Restricted public access" means private property or the limiting of entry for a period of time by means such as signs, traditional agricultural fencing or remote location.
“Seepage bed" means an excavated area larger than 5 feet in width which contains a bedding of aggregate and has more than one distribution line so constructed as to allow disposal of effluent by soil absorption.
“Seepage pit" means an underground receptacle so constructed as to allow disposal of effluent by soil absorption through its floor and walls.
“Seepage trench" means an area excavated one to 5 feet in width which contains a bedding of aggregate and a single distribution line so constructed as to allow disposal of effluent by soil absorption.
“Septage" means the wastewater or contents of septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms.
“Septic tank" means a tank which receives and partially treats sewage through processes of sedimentation, oxidation, flotation and bacterial action so as to separate solids from the liquid in the sewage and discharges the liquid to a soil absorption system.
“Servicing" means removing the scum, liquid, sludge or other wastes from a private sewage system such as septic or holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms and properly disposing or recycling of the contents as provided in this chapter.
“Site" means property consisting of one or more fields used for the recycling, disposal or storage of septage.
“Site management" means the physical manipulation of site characteristics to minimize the potential of septage runoff during the spring thaw or rainfall events.
“Soil" means the unconsolidated material which overlies bedrock.
“Soil conservation practice" means a measure used to retain surface water and soil on agricultural fields including, but not limited to, contour strip cropping, terracing and grassed waterways.
“Soil conservation service" or “SCS" means United States department of agriculture, soil conservation service, or natural resources conservation service (NSRC).
“Soil profile" means the vertical arrangement of unconsolidated materials into distinct layers or horizons which overlie the bedrock.
“Soil saturation" means that the soil pore space is filled with water.
“Spill" means the uncontrolled discharge, dumping or leaking of any septage so that 50 gallons or more of septage or any of its constituents may be admitted into the air, be discharged into any waters of the state or otherwise enter the environment.
“Surface application" means spreading septage on the surface of the land without mixing the septage with the soil.
“Surface water" means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, marshes, water courses, drainage systems and other surface water, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and completely retained upon the property of a facility.
“Threatened or endangered species" are those species defined under ch. NR 27
“Vector attraction" means the characteristics of septage that attract rodents, flies, mosquitos or other organisms capable of transporting infectious agents.
“Violation" means a failure to comply with any provision of this chapter.
“Wetlands" means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils or vegetation indicative of wet conditions.
“Wisconsin pollutant discharge elimination system permit" or “WPDES permit" or “permit" means a permit issued by the department under ch. 283, Stats.
, for the discharge of pollutants.
“Wisconsin soil testing program" means the soil analysis and fertilizer recommendation program established by the university of Wisconsin-extension through the soil science department.
“Wisconsin sanitary license" means a license to service private sewage systems such as septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies or portable restrooms, issued by the department pursuant to s. 281.48 (3)
NR 113.03 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97; correction in (29) made under s. 13.92 (4) (b) 7.
, Stats., Register February 2010 No. 650
No business, unless exempted by statute, may engage in servicing unless the vehicle and equipment used have been initially inspected by the department and issued a license indicating conformity with all requirements of this chapter. A business license fee is based on the number of vehicles used by the business.
NR 113.04 Note
Farmers are exempted from the above business licensing requirements by s. 281.48
, Stats., however, servicing by farmers shall be in conformity with this chapter.
Every business required to be licensed by this chapter shall notify the department in writing within 15 days of any change in address, change of servicing vehicle or change of owner.
No vehicle operator or person may dispose of or recycle septage unless done in accordance with this chapter or under county authority approved by the department under s. 281.48 (5m)
NR 113.04 History
Cr. Register, September, 1996, No. 489
, eff. 1-1-97.
Initial licensure; applicant requirements.
Applicants for licensure shall meet the following requirements:
Every business, before engaging in servicing in this state, shall submit an application on forms prepared by the department. The application shall designate an operator-in-charge for the business in accordance with ch. NR 114
. License fees in par. (b)
shall accompany each application.
NR 113.05 Note
Note: Application forms are available at department offices.
All licenses issued under this section for a period beginning before July 1, 1997, are issued on an annual basis and shall expire June 30 each year. All licenses issued under this section for a period beginning after June 30, 1997, are issued on a biennial basis and shall expire June 30 in every odd-numbered year. For a license to a state resident, for each vehicle used for servicing, the fee is $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997. For a license to a nonresident, for each vehicle used for servicing, the fee is $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. In addition to the initial license fee, a groundwater fee of $50 for each business for a period beginning before July 1, 1997, or $100 for a period beginning after June 30, 1997, shall be submitted for credit to the groundwater fund. The fee schedule is as follows:
- See PDF for table