NR 113.03(53) (53) “Seepage pit" means an underground receptacle so constructed as to allow disposal of effluent by soil absorption through its floor and walls.
NR 113.03(54) (54) “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.
NR 113.03(55) (55) “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.
NR 113.03(56) (56) “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.
NR 113.03(57) (57) “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.
NR 113.03(58) (58) “Site" means property consisting of one or more fields used for the recycling, disposal or storage of septage.
NR 113.03(59) (59) “Site management" means the physical manipulation of site characteristics to minimize the potential of septage runoff during the spring thaw or rainfall events.
NR 113.03(60) (60) “Soil" means the unconsolidated material which overlies bedrock.
NR 113.03(61) (61) “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.
NR 113.03(62) (62) “Soil conservation service" or “SCS" means United States department of agriculture, soil conservation service, or natural resources conservation service (NSRC).
NR 113.03(63) (63) “Soil profile" means the vertical arrangement of unconsolidated materials into distinct layers or horizons which overlie the bedrock.
NR 113.03(64) (64) “Soil saturation" means that the soil pore space is filled with water.
NR 113.03(65) (65) “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.
NR 113.03(66) (66) “Surface application" means spreading septage on the surface of the land without mixing the septage with the soil.
NR 113.03(67) (67) “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.
NR 113.03(68) (68) “Threatened or endangered species" are those species defined under ch. NR 27.
NR 113.03(69) (69) “Vector attraction" means the characteristics of septage that attract rodents, flies, mosquitos or other organisms capable of transporting infectious agents.
NR 113.03(70) (70) “Violation" means a failure to comply with any provision of this chapter.
NR 113.03(71) (71) “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.
NR 113.03(72) (72) “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.
NR 113.03(73) (73) “Wisconsin soil testing program" means the soil analysis and fertilizer recommendation program established by the university of Wisconsin-extension through the soil science department.
NR 113.03(74) (74) “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), Stats.
NR 113.03 History 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.
NR 113.04 NR 113.04General requirements.
NR 113.04(1) (1)License requirements. 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 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.
NR 113.04(2) (2)Changes. 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.
NR 113.04(3) (3)Disposal. 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), Stats.
NR 113.04 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
NR 113.05 NR 113.05Licensing.
NR 113.05(1) (1)Initial licensure; applicant requirements. Applicants for licensure shall meet the following requirements:
NR 113.05(1)(a) (a) 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.
NR 113.05(1)(b) (b) 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 PDF
NR 113.05(2) (2)Initial licensure; department requirements. Prior to issuance of a license, the department shall assure that the following requirements are met:
NR 113.05(2)(a) (a) The department shall inspect the servicing equipment and operating procedures. The vehicle business license sticker may not be issued if the equipment is not in compliance with this chapter.
NR 113.05(2)(b) (b) Each designated operator in charge shall pass an oral or written operator certification examination under ch. NR 114.
NR 113.05(2)(c) (c) Businesses using more than one vehicle shall be issued the same license number and a business license sticker for each vehicle.
NR 113.05(2)(d) (d) Within 30 working days of receipt of a complete business license application, the department shall take action by either approving or denying the license application.
NR 113.05(3) (3)License renewal. Prior to July 1, 1997, all licenses expire on June 30 on an annual basis. On or after July 1, 1997, all licenses expire on June 30 on a biennial basis. Businesses seeking license renewal shall meet the following renewal requirements:
NR 113.05(3)(a) (a) Application for renewal shall be filed with the department on or before June 1, at least one month prior to expiration, and if filed after that date, a late fee of $25 shall be charged in addition to the renewal fee. Anyone servicing systems without a current business license under this section, unless exempt by statute, is subject to the penalties in s. NR 113.14 and s. 281.48, Stats. Payment of a late fee does not relieve a violator from being subject to penalties. The renewal application shall designate an operator-in-charge for the business who is properly certified under ch. NR 114.
NR 113.05(3)(b) (b) The renewal fee and the groundwater fee shall accompany the renewal application. The renewal fee and groundwater fee are the same as for initial licensure in accordance with sub. (1) (b).
NR 113.05(3)(c) (c) Prior to renewal, servicing equipment shall be made available at least once every 2 years for an inspection by the department or by a department approved inspector. A vehicle sticker may not be issued if the equipment is found to be unsatisfactory or is not in compliance with this chapter. The department may not renew a business license for a business that does not have at least one vehicle meeting these requirements.
NR 113.05(3)(d) (d) The department may not issue or renew a license for a business which has violations, as summarized in the following table, for the following; ss. NR 113.04 (1) and (2), 113.05 (3), 113.06 (1), (2) and (3), 113.07 (1) and (3), 113.09, 113.11 (1) and (3), 113.12 and s. 29.601, Stats., during the last license period. The department may not reissue a license for a period of at least one year after revocation. - See PDF for table PDF
NR 113.05(3)(e) (e) Within 30 working days of the receipt of a completed license renewal application, the department shall take action by either approving or denying the license renewal application.
NR 113.05(4) (4)Exemption. A farmer, or his or her designee, who disposes of septage on land owned or leased by the farmer, is exempt from the licensing requirements of this section if all of the following apply:
NR 113.05(4)(a) (a) The septage is removed from a septage system that is located on the same parcel of land on which the septage is disposed.
NR 113.05(4)(b) (b) No more than 3,000 gallons of septage per week are disposed of on the same parcel of land.
NR 113.05(4)(c) (c) The farmer, or his or her designee, complies with all statutes and rules applicable to servicing.
NR 113.05(4)(d) (d) The farmer has sufficient land that is suitable for septage disposal.
NR 113.05 Note Note: Farmers eligible for the farmer exemption are still required to meet all land application and servicing requirements of this chapter.
NR 113.05 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (d), Register, January, 1999, No. 517, eff. 2-1-99.
NR 113.06 NR 113.06Vehicle inspections and servicing.
NR 113.06(1)(1)Inspection. Any business engaged in servicing shall allow the equipment to be used for servicing to be inspected upon request and at any reasonable time and place, as may be designated by the department.
NR 113.06(2) (2)Equipment requirements. Vehicles and operations shall conform to this chapter and vehicles shall display a license sticker in accordance with par. (m) 1. All vehicles and equipment used in servicing shall conform to the following:
NR 113.06(2)(a) (a) All vehicles and all equipment used in servicing shall be maintained in operational condition and in conformance with this chapter at all times during use in servicing.
NR 113.06(2)(b) (b) The vehicles and implements used in servicing shall routinely be used for no other purpose except the hauling or servicing of septage, grease interceptors, municipal wastewater treatment sludges or animal wastes. However, use of the vehicle for fire protection service, oil recovery and industrial wastes not regulated under chs. NR 660 to 670 or 500 to 538 is permissible if the tank is flushed or cleaned as necessary prior to and after use.
NR 113.06(2)(c) (c) Vehicles and equipment shall be stored in a manner which will not cause a nuisance.
NR 113.06(2)(d) (d) The minimum allowable tank size is 1000 gallons, with the following exceptions:
NR 113.06(2)(d)1. 1. Tanks used for servicing only portable restrooms;
NR 113.06(2)(d)2. 2. Tanks put into service prior to October 1, 1987;
NR 113.06(2)(d)3. 3. A smaller tank may be used where found necessary and adequate by the department.
NR 113.06(2)(e) (e) Department approval of any trailer-mounted servicing equipment shall be on an individual basis for specific uses only.
NR 113.06(2)(f) (f) Portable tanks or containers used for servicing, other than approved trailer-mounted servicing equipment, are prohibited. All approvable tanks or containers shall be attached to the vehicle by welding or bolts and cannot be used for containing liquids that are intended for direct contact with humans or animals.
NR 113.06(2)(g) (g) Each tank shall be strong enough for all conditions of operation, leakproof, contain inertia baffles and be designed to be kept tightly closed to prevent spillage or escape of odors while in transit or storage. Tanks shall be constructed of suitable metal or materials approved by the department and mounted permanently on a truck chassis, except where trailer-mounted equipment is approved.
NR 113.06(2)(h) (h) Pumps shall be adequate for the required service. The installation shall be designed to prevent backflow or leakage. Connections shall be provided with caps or seals.
NR 113.06(2)(i) (i) Discharge valves on tanks shall be watertight, capped when not in use, and constructed and located so as to permit unobstructed discharge at the place of disposal.
NR 113.06(2)(j) (j) All servicing equipment used for surface spreading of septage shall have a splash plate or some other department approved method or device to facilitate uniform septage application.
NR 113.06(2)(k) (k) Hoses and piping, when not in actual use, shall be stored so as to prevent leakage or dripping of septage in transit, or the ends of hoses and pipes shall be connected or sealed with tightly fitted caps or covers, or the hoses and pipes shall be cleaned with water between uses so as not to cause a nuisance by leakage or dripping of septage during transit.
NR 113.06(2)(L) (L) Any business subject to the requirements of this chapter shall provide or have available facilities for washing the vehicles, tanks, implements and tools. Facilities shall be designed to prevent a nuisance to the general public.
NR 113.06(2)(m) (m) Vehicles, with the exception of vehicles used by farmers, used in servicing shall meet the following identification requirements:
NR 113.06(2)(m)1. 1. No person, unless exempt by statute or this chapter, may operate a vehicle used for servicing unless a valid business license sticker is prominently displayed on the rear of the vehicle servicing tank.
NR 113.06(2)(m)2. 2. Every licensee is required to paint on the side of each vehicle the words “Wisconsin Sanitary Licensee" and immediately under these words “License No. " with the number of its license in the space provided with letters and numbers at least 2 inches high with 1/2-inch minimum brush strokes and in a color distinct from its background.
NR 113.06(2)(m)3. 3. The capacity of the tank in gallons, in lettering and numbers at least 2 inches high with 1/2-inch minimum brush strokes, shall be painted in a color distinct from the background and readily visible on the rear of any vehicle used in servicing.
NR 113.06(2)(n) (n) Starting July 1, 1997, all servicing equipment used for surface spreading of septage, including equipment in service prior to January 1, 1997, shall have a vehicle cab controlled discharge valve. New servicing equipment put into operation after January 1, 1997 shall be in conformance with this paragraph prior to use.
NR 113.06(3) (3)Servicing requirements. Every business engaged in servicing shall conform to the following:
NR 113.06(3)(a) (a) The vehicles, implements and containers shall be operated in a manner that does not cause a nuisance or health hazard.
NR 113.06(3)(b) (b) Any accidental spillage shall be cleaned up and the area restored to render it harmless to humans and animals. Spills of 50 gallons or greater shall be reported, within 24 hours, to the department or the county, if the county has been delegated septage regulation by the department.
NR 113.06(3)(c) (c) A written procedure for spill and accident cleanup shall be developed and a copy of the written procedure and a copy of the current ch. NR 113 shall be placed in each vehicle cab.
NR 113.06(3)(d) (d) Any property serviced shall be left in a sanitary condition.
NR 113.06(3)(e) (e) All businesses servicing portable restrooms shall empty the septage from the portable restroom prior to transporting the portable restroom for any purpose. An exception may be granted by the department for portable toilets that are permanently affixed to a trailer or other mobile structure where the design and intent is to transport the toilet with materials contained in the integral holding tank to a POTW.
NR 113.06(3)(f) (f) Water used for flushing servicing tanks or containers shall be disposed of in the same manner as the septage.
NR 113.06 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
NR 113.07 NR 113.07Disposal of domestic septage. Every business engaged in servicing or authorizing servicing shall comply with the following requirements for disposal of septage:
NR 113.07(1) (1)Disposal.
NR 113.07(1)(a)(a) Disposal of septage shall be by discharge into a POTW or other facility for treatment or storage under a WPDES permit or to approved agricultural lands. Septage from systems that have contracted for reserved capacity at a POTW shall be taken to that specific POTW.
NR 113.07(1)(b) (b) The following restrictions apply to the land application of wastes from septic systems on frozen or snow covered ground:
NR 113.07(1)(b)1. 1. Land application of waste removed from septic systems due to emergencies, including but not limited to situations such as freeze-ups, is allowed if no other reasonable disposal methods are available. Reasonable disposal options include but are not limited to, hauling the waste to a nearby treatment plant which will accept the septage in accordance with sub. (2). Land appliers shall obtain special written approval in advance from the department for specific sites which may be used for emergency situations. In addition, the following restrictions, at a minimum, will apply:
NR 113.07(1)(b)1.a. a. Sites or fields used shall have slopes less than or equal to 2%.
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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.