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%.
NR 113.07(1)(b)1.b. b. Waste shall be applied at a rate of less than 10,000 gallons per acre.
NR 113.07(1)(b)1.c. c. Application is not allowed within 750 feet of any surface water or wetland.
NR 113.07(1)(b)1.d. d. Application is not allowed in a floodplain.
NR 113.07(1)(b)2. 2. Waste removed from septic systems due to a routine pumping may not be land applied during months when the ground is frozen or snow covered. Waste removed in these pumping situations shall be taken to a POTW.
NR 113.07(1)(b)3. 3. Except as provided in par. (f), waste removed from septic tanks which are regularly pumped more frequently than once every 6 months may be land applied during the months when the ground is frozen or snow covered. The restrictions in par. (c) apply to the land applications of this waste.
NR 113.07 Note Note: During months when the ground is frozen or snow covered, the land application of waste from septic systems is strongly discouraged. During these months, hauling waste from septic tanks to a POTW is the preferred method of disposal.
NR 113.07(1)(c) (c) Except as provided in par. (f), holding tank waste may be land applied during months when the ground is frozen or snow covered, on approved sites. The following restrictions, at a minimum, apply:
NR 113.07(1)(c)1. 1. Sites or fields used shall have slopes less than or equal to 6%. If slopes are greater than 2% but less than or equal to 6%, a site management plan is required.
NR 113.07(1)(c)2. 2. Waste shall be applied at a rate of less than 10,000 gallons per acre.
NR 113.07(1)(c)3. 3. Application is not allowed within 750 feet of any surface water or wetland.
NR 113.07(1)(c)4. 4. Application is not allowed in a floodplain.
NR 113.07 Note Note: During months when the ground is frozen or snow covered, the land application of wastewater from holding tank systems is strongly discouraged. During these months, hauling wastewater from holding tanks to a POTW is the preferred method of disposal.
NR 113.07(1)(d) (d) Any land application of holding tank waste or septic tank waste on frozen or snow covered ground is also subject to restrictions in sub. (3). Injection or incorporation may be utilized while the depth of frost is less than 4 inches.
NR 113.07(1)(e) (e) Large commercial, industrial, recreational or residential development holding tank systems that singly or when added together or increased by successive additions generate 3000 gallons of septage per day or greater shall contract with a wastewater treatment facility for treatment of the septage. The contract terms shall provide assurance that the septage from the system will continually be conveyed to, and accepted, at the wastewater treatment facility. If a service area designation exists, the wastewater treatment facility shall amend the service area to include the commercial, industrial, recreational or residential development. The department may not indicate sufficient disposal capacity to the department of safety and professional services, until the service area adjustments have been completed and approved.
NR 113.07 Note Note: By agreement and administrative code, the department of safety and professional services will not issue a plan approval for a 3000 gallons per day or greater holding tank system without the department's approval of the method of wastewater disposal as provided in s. SPS 383.22 (2) (b) 2.
NR 113.07(1)(f) (f) Disposal of wastewater from small holding tank and septic tank systems that generate less than 3000 gallons of septage per day shall be by discharge into a POTW if the following conditions apply:
NR 113.07(1)(f)1. 1. The holding tank is located in the POTW's sewer service or holding tank service areas.
NR 113.07(1)(f)2. 2. The septic tank is located in the POTW's sewer service area.
NR 113.07(1)(f)3. 3. The holding tank is located outside the POTW's sewer service and holding tank service areas if the POTW will accept the wastewater and if the cost to the hauler is less than or equal to the costs in Table 2.
NR 113.07(1)(f)4. 4. The holding tank or septic tank is located outside of Wisconsin and the point at which the wastewater is conveyed into the state is within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat and dispose of the wastewater at a cost of less than or equal to the amount in Table 2. - See PDF for table PDF
NR 113.07(1)(f)5. 5. The holding tank is located within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat and dispose of the wastewater at a cost of less than or equal to the amount in Table 2. This provision only applies to those holding tank systems located in the following counties:
NR 113.07(1)(f)5.f. f. Fond du Lac
NR 113.07(1)(f)5.g. g. Jefferson
NR 113.07(1)(f)5.i. i. Kewaunee
NR 113.07(1)(f)5.j. j. Manitowoc
NR 113.07(1)(f)5.k. k. Milwaukee
NR 113.07(1)(f)5.L. L. Outagamie
NR 113.07(1)(f)5.p. p. Sheboygan
NR 113.07(1)(f)5.q. q. Walworth
NR 113.07(1)(f)5.r. r. Washington
NR 113.07(1)(f)5.s. s. Waukesha
NR 113.07(1)(f)5.t. t. Winnebago
NR 113.07(1)(g) (g) The requirement in par. (f) does not apply if storage has been utilized and the wastewater from small holding tank and septic tank systems will be landspread or treated and disposed of in accordance with a WPDES permit, or if the owner of the holding or septic tank is exempt from licensing under s. 281.48, Stats.
NR 113.07(2) (2)Disposal of septage at a potw.
NR 113.07(2)(a)(a) The following shall apply to disposal of septage for the period between April 16 and November 14:
NR 113.07(2)(a)1. 1. Licensed businesses may apply to a POTW for permission to discharge septage.
NR 113.07(2)(a)2. 2. A POTW may deny or approve an application for disposal of septage at that facility. If approved, the POTW may set conditions for disposal.
NR 113.07(2)(a)3. 3. The only requirements that licensed disposers discharge to POTWs or that POTWs accept and treat septage during nonwinter months are those in sub. (1) (e) and (f).
NR 113.07(2)(b) (b) The following shall apply to disposal of septage for the period between November 15 and April 15:
NR 113.07(2)(b)1. 1. Each year, prior to September 1, licensed disposers may apply to POTWs for permission to dispose of septage during winter.
NR 113.07(2)(b)2. 2. Applications submitted to POTWs by licensed disposers are subject to review by POTWs pursuant to s. 281.49, Stats.
NR 113.07 Note Note: Section 281.49, Stats. requires that POTW's shall:
NR 113.07 Note 1. Review septage applications and provide a written denial or approval to the licensed disposer by October 1 of each year.
NR 113.07 Note 2. Develop a disposal plan for each licensed disposer approved for septage acceptance. A disposal plan, at a minimum, shall contain the following terms and conditions:
NR 113.07 Note a. Specific quantities, locations, times, and methods for discharge of septage into the sewerage system.
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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.