Register September 2013 No. 693
Chapter SPS 386
SPS 386.01   Applicability.
SPS 386.02   Definitions.
SPS 386.03   Petition for variance.
SPS 386.04   Contract applicability.
SPS 386.05   Approval required.
SPS 386.06   Holding tank, toilet and appurtenances.
SPS 386.07   Overboard discharge inactivation.
SPS 386.08   On-shore disposal facilities.
SPS 386.09   Alternate facilities.
SPS 386.10   Operation and maintenance.
SPS 386.11   Prohibited facilities.
Ch. SPS 386 Note Note: Chapter H 80 as it existed on September 30, 1980 was repealed and a new chapter H 80 was created effective October 1, 1980; renumbered to be chapter ILHR 84 effective June 1, 1983; renumbered to be chapter ILHR 86 effective March 1, 1985. Chapter ILHR 86 was renumbered Chapter Comm 86 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1997, No. 494. Chapter Comm 86 was renumbered chapter SPS 386 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
SPS 386.01 SPS 386.01Applicability. This chapter as authorized by s. 30.71, Stats., for the abatement of water pollution through control of the discharge of sewage from boats maintained or operated at any time upon the inland or outlying waters of the state, defined in s. 29.001 (45) and (63), Stats., shall be applicable to any boat which is equipped with a toilet.
SPS 386.01 Note Note: Section 29.001 (45) and (63), Stats., provides: All waters within the jurisdiction of the state are classified as follows: Lakes Superior and Michigan, Green Bay, Sturgeon Bay, Sawyer's harbor and the Fox river from its mouth up to the dam at De Pere are outlying waters. All other waters, including the bays, bayous, and sloughs of the Mississippi river bottoms, are inland waters.
SPS 386.01 History History: Cr. Register, September, 1980, No. 297, eff. 10-1-80; renum. from H 80.01, Register, May, 1983, No. 329, eff. 6-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1994, No. 458; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532.
SPS 386.02 SPS 386.02Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter.
SPS 386.02(1) (1) “Department" means the department of safety and professional services.
SPS 386.02(2) (2) “Approved" means written approval from the department.
SPS 386.02(3) (3) “Boat" means every description of watercraft, other than a seaplane, on the water, used or capable of being used as a means of transportation on water, s. 30.50 (2), Stats.
SPS 386.02(4) (4) “Deodorant" means a substance or process which masks or destroys offensive odor.
SPS 386.02(5) (5) “Holding tank" means a permanently installed container which receives the discharge from one toilet or more and retains the sewage for shore disposal.
SPS 386.02(6) (6) “Maintain and operate" means to moor and occupy or to navigate, steer, sail, row or otherwise to exercise physical control over the use or movement of a boat.
SPS 386.02(7) (7) “Owner" means the person who has lawful possession of a boat by virtue of legal title or equitable interest therein which entitles that person to such possession.
SPS 386.02(8) (8) “Portable toilet" means a self-contained unit with a flushing device which retains sewage in a holding tank for disposal to a sewage system acceptable to the department.
SPS 386.02(9) (9) “Recirculating system" means a holding tank with all necessary appurtenances to provide for the recirculation of flushing liquid and for the receiving, venting and shore removal of sewage.
SPS 386.02(10) (10) “Sealed" means making a toilet incapable of discharging sewage into the waters upon which a boat is operated or moored.
SPS 386.02(11) (11) “Sewage" means human body wastes.
SPS 386.02(12) (12) “Toilet" means any device, facility or installation designed or constructed for use as a place for receiving sewage directly from the human body.
SPS 386.02 History History: Cr. Register, September, 1980, No. 297, eff. 10-1-80; renum. from H 80.02 and am. (1) Register, May, 1983, No. 329, eff. 6-1-83; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.
SPS 386.03 SPS 386.03Petition for variance.
SPS 386.03(1) (1)Procedure. The department shall consider and may grant a variance to an administrative rule upon receipt of a fee and a completed petition for variance form from the owner, provided an equivalent degree of safety is established in the petition for variance which meets the intent of the rule being petitioned. The department may impose specific conditions in a petition for variance to promote the protection of the health, safety and welfare of the employees or the public. Violation of those conditions under which the petition is granted constitutes a violation of these rules.
SPS 386.03(2) (2)Petition processing time. Except for priority petitions, the department shall review and make a determination on a petition for variance within 30 business days of receipt of all calculations, documents and fees required to complete the review. The department shall process priority petitions within 10 business days.
SPS 386.03 Note Note: Copies of the petition for variance form (SBD-9890) may be downloaded at the Department's Web site at through links to Division of Industry Services forms.
SPS 386.03 History History: Cr. Register, September, 1980, No. 297, eff. 10-1-80; renum. from H 80.03, Register, May, 1983, No. 329, eff. 6-1-83; r. and recr. Register, October, 1984, No. 346, eff. 11-1-84; cr. (2), Register, February, 1985, No. 350, eff. 3-1-85.
SPS 386.04 SPS 386.04Contract applicability. Applicable provisions of this regulation shall be construed to be a part of any order or agreement, written or verbal, for the installation of a holding tank, recirculating system, provisions of a portable toilet or shore disposal facility or appurtenances thereto.
SPS 386.04 History History: Cr. Register, September, 1980, No. 297, eff. 10-1-80; renum. from H 80.04, Register, May, 1983, No. 329, eff. 6-1-83.
SPS 386.05 SPS 386.05Approval required.
SPS 386.05(1) (1)General. Any prefabricated tank, portable toilet or toilet proposed for installation in boats used upon the inland or outlying waters of the state shall receive the approval of the department. The manufacturer of any prefabricated tank, portable toilet or toilet shall submit, in duplicate, plans and specifications showing construction details for such facility. The owner of a custom built tank or toilet shall similarly submit such details in duplicate for approval prior to installation. The department may require the submission of other information or the unit itself, in the case of a portable toilet, to complete its review.
SPS 386.05(2) (2)Approved unit listing. The department shall keep a current list of approved prefabricated tanks, portable toilets and toilets for installation on boats and shall provide a copy of such current list to the bureau of law enforcement, department of natural resources.
SPS 386.05 History History: Cr. Register, September, 1980, No. 297, eff. 10-1-80; renum. from H 80.05, Register, May, 1983, No. 329, eff. 6-1-83.
SPS 386.06 SPS 386.06Holding tank, toilet and appurtenances.
SPS 386.06(1)(1)Material. Each holding tank and toilet shall be constructed of a plastic which is resistant to acid, alkali and water; stainless steel with comparable resistance or other approved material. Metal combinations shall be galvanically compatible.
SPS 386.06(2) (2)Holding tank strength. A holding tank, with all openings sealed, shall show no signs of deformation, cracking or leakage when subjected to a combined suction and external pressure head of 5 pounds per square inch. It shall be designed and installed so as not to become permanently distorted with a static top load of 200 pounds.
SPS 386.06(3) (3)Temperature resistance. All materials used shall be capable of withstanding a temperature range of from -22º F. (winter storage) to the maximum operating temperature obtainable when operating in an ambient temperature of 140º F.
SPS 386.06(4) (4)Mounting. The tank and toilet shall be rigidly and permanently secured in place in such manner that the tank, toilet and piping will not fall.
SPS 386.06(5) (5)Capacity. The capacity shall be sufficient to receive the waste from the maximum number of persons that may be on board during an 8-hour period. The passenger rating shall be that indicated on the boat's capacity plate or that of a boat of similar size should the plate be illegible or missing.
SPS 386.06(5)(a) (a) Holding tank. The capacity shall be determined on the basis of contribution of 412 gallons per person per 8-hour day for a toilet of the hand pump type. If standard waterflush toilets are installed, the minimum capacity shall be at 1312 gallons per person per 8-hour day.
SPS 386.06(5)(b) (b) Recirculating toilet. The capacity of the tank of a recirculating type unit shall be determined on the basis of a contribution of one-quarter gallon per person per 8-hour day.
SPS 386.06(6) (6)Controls. Each holding tank shall contain a sewage level device which actuates a warning light or other visible gauge when the tank becomes three-fourths full. The light or other device shall be located so that it can be readily observed. The sewage level device shall be in operable condition at any time the boat is used. Such water level indicator shall be installed so as to be removable and be of such design and of such size as to make a watertight seal with a tank opening that is sufficiently large to accommodate the sewage level device.
SPS 386.06(7) (7)Maintenance.
SPS 386.06(7)(a)(a) A separate manhole shall be provided in the top of the tank for maintenance purposes. A plate or cap capable of making a watertight seal shall be provided on the opening which shall be of sufficient size to readily permit cleaning and maintenance.
SPS 386.06(7)(b) (b) Deodorant. Any deodorant used in a holding tank, approved portable toilet or recirculating toilet shall be easily obtainable and constitute a minimum hazard when handled, stored and used according to the manufacturer's recommendations and form no dangerous concentration of gases nor react dangerously with other chemicals used for the same purpose.
SPS 386.06(8) (8)Openings for piping. Openings shall be provided in each holding tank for inlet, outlet and vent piping. The openings and pipe fittings shall be so designed as to provide watertight joints between the tank and the piping. Plastic opening fittings shall be of the rigid serrated type. Inlet openings should preferably be such that they could accommodate fittings that would be connected to piping of a minimum nominal inside diameter (I.D.) of 112 inches. Outlet openings shall be such as to accommodate at least 112 inch I.D. piping. Vent pipe openings shall be able to accommodate fittings for at least a one-half inch I.D. pipe, and should preferably be located at the top of a conical frustum or cylindrical vertical extension of the tank which is at least 2 inches in diameter at the base and 2 inches or more in height.
SPS 386.06(9) (9)Piping and fittings.
SPS 386.06(9)(a)(a) Size. The piping from a toilet to the holding tank shall be at least as large as the trap of the toilet fixture. The piping from the holding tank or toilet to the pumpout connection shall have a nominal inside diameter of at least one and one-half inches.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.