Register January 2018 No. 745
Chapter NR 113
NR 113.01   Purpose.
NR 113.02   Applicability.
NR 113.03   Definitions.
NR 113.04   General requirements.
NR 113.05   Licensing.
NR 113.06   Vehicle inspections and servicing.
NR 113.07   Disposal of domestic septage.
NR 113.08   Site evaluation.
NR 113.09   Application rates.
NR 113.10   County regulation.
NR 113.11   Department regulation.
NR 113.12   Septage storage facilities.
NR 113.13   Suspension and revocation.
NR 113.14   Enforcement.
NR 113.15   Variances.
Ch. NR 113 Note Note: Chapter NR 113 as it existed on September 30, 1987 was repealed and a new chapter NR 113 was created effective October 1, 1987. Chapter NR 113 as it existed on December 31, 1996, was repealed and a new chapter NR 113 was created effective January 1, 1997; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1999, No. 517.
NR 113.01 NR 113.01Purpose. The purposes of this chapter are to establish standards for the servicing of private sewage systems including septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies and portable restrooms; to provide for the use and disposal of wastewaters from these sources while protecting public health from unsanitary and unhealthful practices and conditions; and to protect surface waters and groundwaters of the state from contamination by septage.
NR 113.01 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
NR 113.02 NR 113.02Applicability. This chapter applies to licensed haulers, owners and any person servicing private sewerage systems including septic and holding tanks, dosing chambers, grease interceptors, seepage beds, seepage pits, seepage trenches, privies and portable restrooms. The following services are exempt from these rules:
NR 113.02(1) (1) The transport of industrial wastes which are regulated under ch. NR 214.
NR 113.02(2) (2) The transport of animal excrement and associated bedding.
NR 113.02(3) (3) The use or disposal of hazardous waste which is regulated under chs. NR 660 to 670.
NR 113.02(4) (4) The use or disposal of solid waste which is regulated under chs. NR 500 to 538.
NR 113.02(5) (5) The use or disposal of POTW sludge which is regulated under ch. NR 204.
NR 113.02(6) (6) The use or disposal of septage that has been treated by facilities which are operated under a Wisconsin pollutant discharge elimination system (WPDES) discharge permit, including centralized septage treatment facilities, which are regulated under ch. NR 204.
NR 113.02 History 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 NR 113.03Definitions. In addition to the definitions and abbreviations in s. 281.48, Stats., the following definitions apply to terms used in this chapter:
NR 113.03(1) (1) “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.
NR 113.03(2) (2) “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.
NR 113.03(3) (3) “Application rate" means the hydraulic loading limits placed on a landspreading site or field normally expressed as gallons/acre/week.
NR 113.03(4) (4) “Approved site" means property approved by the department or its agent for the disposal, recycling or storage of septage.
NR 113.03(5) (5) “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.
NR 113.03(6) (6) “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 PDF - See PDF for table PDF
NR 113.03(7) (7) “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.
NR 113.03(8) (8) “Business" means any individual, partnership, corporation or body politic that does servicing.
NR 113.03(9) (9) “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.
NR 113.03(10) (10) “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.
NR 113.03(11) (11) “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.
NR 113.03(12) (12) “Department" means the department of natural resources.
NR 113.03(13) (13) “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.
NR 113.03(14) (14) “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.
NR 113.03(15) (15) “Dosing chamber" means a water tight receptacle that employs a pump or automatic siphon to elevate or distribute effluent to the private sewage system.
NR 113.03(16) (16) “Dry run" means a drainage pathway, either natural or artificial, with definable banks, which contains a confined flow during periods of runoff.
NR 113.03(17) (17) “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.
NR 113.03(18) (18) “Field" means a subset of a site.
NR 113.03(19) (19) “Floodplain" has the meaning specified in s. NR 116.03 (16).
NR 113.03(20) (20) “Food crops" means tobacco and crops grown for human consumption.
NR 113.03(21) (21) “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.
NR 113.03(22) (22) “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.
NR 113.03(23) (23) “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.
NR 113.03(24) (24) “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.
NR 113.03(25) (25) “Historical site" means any property designated as a historical site under s. 44.40 (2) (a), Stats.
NR 113.03(26) (26) “Holding tank" means an approved watertight receptacle for the collection and holding of sewage.
NR 113.03(27) (27) “Hydraulic loading rate" means the volume of waste discharged per unit area per unit time.
NR 113.03(28) (28) “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.
NR 113.03(29) (29) “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, 500 to 538 or 660 to 670.
NR 113.03(30) (30) “Injection" means the subsurface placement of septage to a depth of 4 to 12 inches.
NR 113.03(31) (31) “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.
NR 113.03(32) (32) “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.
NR 113.03(33) (33) “Litter free" means the absence of nonbiodegradable material such as plastics or glass of 2 inches or greater in length on the soil surface.
NR 113.03(34) (34) “Low use field" means a field that receives 3 or less complete applications of septage per year.
NR 113.03(35) (35) “Nuisance" means any source of filth or probable cause of sickness not in compliance with this rule.
NR 113.03(36) (36) “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.
NR 113.03(37) (37) “Pasture crop" means a crop such as legumes, grasses, grain stubble or stover which is consumed by animals while grazing.
NR 113.03(38) (38) “Pathogens" means disease causing organisms. This includes, but is not limited to, certain bacteria, protozoa, viruses and viable helminth ova.
NR 113.03(39) (39) “Permeability" means the rate of movement of liquid through the soil.
NR 113.03(40) (40) “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.
NR 113.03(41) (41) “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.
NR 113.03(42) (42) “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.
NR 113.03(43) (43) “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.
NR 113.03(44) (44) “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.
NR 113.03(45) (45) “Publicly owned wastewater treatment work" or “POTW" has the meaning specified in s. NR 211.03 (11).
NR 113.03(46) (46) “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.
NR 113.03(47) (47) “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.
NR 113.03(48) (48) “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.
NR 113.03(49) (49) “Reclamation site" means drastically disturbed land that is reclaimed. This includes, but is not limited to, strip mines and construction sites.
NR 113.03(50) (50) “Recreational site" means a designated area clearly identified and maintained for the purpose of providing an opportunity for recreational activity.
NR 113.03(51) (51) “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.
NR 113.03(52) (52) “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.
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.