NR 113.07 Note c. Requirements for the licensed disposer to pay to analyze other than residential septage.
NR 113.07 Note d. Actual and equitable disposal fees based on the septage introduced into the sewerage system and calculated at the rate applied to other users of the sewerage system, and including the costs of additional facilities or personnel necessary to accept septage at the point of introduction into the sewerage system.
NR 113.07 Note e. All the terms and conditions imposed on the disposer of septage.
NR 113.07 Note f. A formal approval that the licensed disposer has permission to discharge septage to a specific POTW under specific conditions.
NR 113.07 Note 3. Accept and treat septage from licensed disposers unless:
NR 113.07 Note a. Treatment of the septage would cause the POTW to exceed its operating design capacity or to violate any applicable effluent limitations or standards, water quality standards or any other legally applicable requirements, including court orders or state or federal statutes, rules, regulations or orders; or
NR 113.07 Note b. The septage is not compatible with the sewerage system; or
NR 113.07 Note c. The disposer has not applied for and received approval to dispose of septage in the sewerage system or the disposer fails to comply with the disposal plan; or
NR 113.07 Note d. The licensed disposer fails to comply with septage disposal rules promulgated by the POTW or the conditions of the disposal plan in subd. 2.
NR 113.07(2)(c) (c) Licensed disposers shall cooperate with POTW's in the implementation of a septage acceptance priority system pursuant to s. NR 205.07 (2) (e).
NR 113.07 Note Note: The priority system for septage acceptance at POTW's in s. NR 205.07 (2) (e) is as follows:
NR 113.07 Note 1. `First priority.' Wastes from existing or new holding and septic tanks within the POTW's sewer service area and holding tanks within the POTW's holding tank service area.
NR 113.07 Note 2. `Second priority.' Wastes from existing holding tanks for residential or commercial establishments outside the POTW's sewer service area and holding tank service area but inside the POTW's planning area where the holding tank was installed to replace an inadequate private sewerage system.
NR 113.07 Note 3. `Third priority.' Wastes from existing septic tanks and holding tanks that were installed not as a replacement to an inadequate sewer system for residential or commercial establishments outside the POTW's sewer service and holding tank service areas but inside the POTW's planning area.
NR 113.07 Note 4. `Fourth priority.' Wastes from new or existing septic and holding tanks for residential or commercial establishments outside the POTW's planning area.
NR 113.07(3) (3)Land disposal of septage.
NR 113.07(3)(a)(a) No business may dispose of septage by a landspreading method unless the spreading is done in accordance with this chapter.
NR 113.07 Note Note: Any business disposing of septage by a land disposal method may be subject to the provisions of ch. 160, Stats., and ch. NR 140, if an analysis of the groundwater beneath the disposal field indicates groundwater contamination.
NR 113.07(3)(b)1.1. Septage may not be landspread on soils which have a permeability rate greater than 6 inches per hour within the top 36 inches, unless it is demonstrated that the soil has a water holding capacity of greater than 5 inches above the groundwater and bedrock. In no case may greater than the top 60 inches in a soil profile be used to determine the 5 inches of water holding capacity. Permeability shall be calculated using the following table or other method acceptable to the department: - See PDF for table PDF
NR 113.07(3)(b)2. 2. Septage may not be surface applied on soils that have a permeability of less than 0.2 inches per hour within the top 6 inches of soil.
NR 113.07(3)(b)3. 3. Septage may not be landspread or discharged into or on any wetlands or in areas subject to ponding, including any ditch, dry run, pond, lake, stream, flowage, floodplain, cave, sinkhole, mine, gravel pit or quarry.
NR 113.07(3)(b)4. 4. Septage may not be landspread on any land without the owner's permission.
NR 113.07(3)(b)5. 5. Septage shall be landspread in a manner to prevent surface runoff. Septage may not be landspread on saturated soils during rainfall events or in areas of ponded water. All landspreading fields shall be left in a litter free condition.
NR 113.07(3)(b)6. 6. Landspreading vehicles shall be moving forward at all times while septage is being spread. Ponding of septage is prohibited.
NR 113.07(3)(b)7. 7. Septage may not be landspread on fields that are receiving or have received POTW sludges in the last crop year.
NR 113.07(3)(b)8. 8. Septage that is land applied based on the agronomic crop requirements may not be applied more than 10 months prior to the planting of the crop.
NR 113.07(3)(b)9. 9. A minimum 2-foot wide grass strip shall be maintained at the property line down slope from all land application sites.
NR 113.07(3)(b)10. 10. Fields that are discontinued for more than one year of crop production shall be revegetated with grass or other appropriate cover.
NR 113.07(3)(b)11. 11. Each business proposing to use a high use field shall establish the nitrogen need of the crop to be grown as determined by the analysis of soil samples. The nitrogen recommendations shall be based on sampling done in accordance with the University of Wisconsin - extension bulletin A-2100, dated April 1991 ("soil information sheet"), or soil sampling guidance approved by the department.
NR 113.07 Note Note: Copies of Bulletin A-2100 are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin, or may be purchased from the UW Soil and Plant Analysis Lab, 5711 Mineral Point Road, Madison, WI 53705 or the Soil and Forage Analysis Lab, 8396 Yellowstone Dr., Marshfield, WI 54449.
NR 113.07(3)(b)12. 12. Any person who land applies septage shall comply with the minimum separation distances and maximum slope requirements in Table 3. - See PDF for table PDF
NR 113.07(3)(b)13. 13. Septage may not be landspread where it is likely to adversely affect a threatened or endangered species or its designated critical habitat or a historical site.
NR 113.07(3)(c)1.1. Septage may be landspread seasonally on or into soils with a seasonal high groundwater level at a depth greater than one foot but less than 3 feet from the surface if the landspreading is limited to times when the soil is not saturated within 3 feet of the surface.
NR 113.07(3)(c)2. 2. Septage may be surface applied to hay fields after the hay has been harvested but not after the new growth of hay has reached a height of 6 inches.
NR 113.07(3)(c)3. 3. All sites that are approved by the department or by a county and meet all the separation requirements at the time of approval may not have the site approval rescinded for separation distance encroachment by residences, businesses or recreational areas for a period of 5 years. This 5-year period shall run from the date of the last department or county site approval.
NR 113.07(3)(c)4. 4. Site management plans may not allow surface spreading of septage on disposal sites with a slope greater than 6%.
NR 113.07(3)(c)5. 5. Surface application on snow covered fields requires plowed spreading lanes (snow removal) perpendicular to the slope when the snow depth is greater than 6 inches. Plowed lanes may not be wider than 20 feet and no closer than 40 feet.
NR 113.07(3)(d)1.1. Pathogens shall be reduced by one of the following methods:
NR 113.07(3)(d)1.a. a. The site restrictions in subd. 2. shall be met when septage is applied to agricultural land, forest or a reclamation site; or
NR 113.07(3)(d)1.b. b. The pH of septage applied to agricultural land, forest or a reclamation site shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes and the site restrictions in subd. 2. a. to d. shall be met. When this option is utilized, each container of septage which is applied shall be monitored for compliance.
NR 113.07(3)(d)2. 2. Pathogen reduction is achieved by the following site restrictions:
NR 113.07(3)(d)2.a. a. Food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface may not be harvested for 14 months after application of septage.
NR 113.07(3)(d)2.b. b. Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of septage when the septage remains on the land surface for 4 months or longer prior to incorporation into the soil.
NR 113.07(3)(d)2.c. c. Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of septage when the septage remains on the land surface for less than 4 months prior to incorporation into the soil.
NR 113.07(3)(d)2.d. d. Food crops, feed crops and fiber crops may not be harvested for 30 days after application of septage.
NR 113.07(3)(d)2.e. e. Animals may not be allowed to graze on the land for 30 days after application of septage.
NR 113.07(3)(d)2.f. f. Turf grown on land where septage is applied may not be harvested for one year after application of the septage when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.
NR 113.07(3)(d)2.g. g. Public access to land with a high potential for public exposure shall be restricted for one year after application of septage.
NR 113.07(3)(d)2.h. h. Public access to land with a low potential for public exposure shall be restricted for 30 days after application of septage.
NR 113.07(3)(e) (e) One of the following vector attraction reduction requirements shall be met when septage is applied to agricultural land, forest or a reclamation site.
NR 113.07(3)(e)1. 1. Septage is injected below the surface of the land such that no significant amount of the septage shall be present on the land surface within one hour after the septage is injected.
NR 113.07(3)(e)2. 2. Septage applied to the land surface shall be incorporated into the soil within 6 hours after application to or placement on the land.
NR 113.07(3)(e)3. 3. The pH of septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes. When this option is utilized, each container of septage which is applied shall be monitored for compliance.
NR 113.07 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; r. and recr. (1) (b), (c), am. (1) (d) and (3) (b) 1., Register, January, 1999, No. 517, eff. 2-1-99; corrections in (1) (e), (g) and (2) (b) 2. made under s. 13.93 (2m) (b) 6. and 7., Stats., Register September 2001 No. 549; correction in (1) (e) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.
NR 113.08 NR 113.08Site evaluation.
NR 113.08(1) (1)General. Site evaluation, when required by s. NR 113.07 (3) (b) 11., shall be conducted by a soil scientist. Site evaluations are required for high use fields. Low use fields, where detailed soil conservation or survey maps are not available, shall have a site evaluation conducted. The evaluation shall include soil conditions, properties and permeability, depth of zones of soil saturation, depth to bedrock, slope, topography, all setback requirements and the potential for flooding. Evaluation data shall be reported on forms acceptable to the department and signed by the soil scientist. Reports shall be filed with the department for all sites investigated within 30 days of completion of testing.
NR 113.08 Note Note: Soil scientist includes, but is not limited to, the possession of a certified soil tester classification (CSTM or CSTS) from the department of safety and professional services, a bachelor of science degree in soil science from a 4 year accredited college, or a certified professional soil scientist in good standing with the American society of agronomy.
NR 113.08(2) (2)Soiling borings; high and low use fields. Soil borings are required for all high use fields. Low use fields are not required to have soil borings as long as reliable detailed soil conservation or survey maps are available except as follows:
NR 113.08(2)(a) (a) Low use fields in which no soil information is available are required to have soil borings.
NR 113.08(2)(b) (b) For all low use fields that have a high degree of variability or where a detailed soil conservation or survey maps are known to be unreliable, the department or a delegated county may require soil borings.
NR 113.08 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
NR 113.09 NR 113.09Application rates.
NR 113.09(1) (1)General. Septage shall be applied only to agricultural lands and may not be applied at rates which will supply available nitrogen at amounts greater than the agronomic need for the crop grown as calculated by sub. (4). Yearly loading rates listed in Table 4 may be used if the crop grown on a low use field requires 100 lbs-N/ac or more. If the crop requires less than 100 lbs-N/ac, the loadings shall be reduced in accordance with the equation in sub. (4).
NR 113.09(2) (2)High use fields. The volume of septage applied annually on a high use field may not exceed the amount calculated in sub. (4) which is necessary to supply the nitrogen needs of the crop to be grown, as determined by the analysis of soil samples. The nitrogen crop needs shall be based on the university of Wisconsin extension bulletin A-2100, dated April 1991 ("soil information sheet"), or soil sampling guidance approved by the department, except as allowed in sub. (3).
NR 113.09(3) (3)Specific crops on high use fields. Septage may be applied to most leguminous crops at a volume sufficient to supply 200 lbs/ac of available nitrogen. If septage is applied to soybeans, the loading shall be limited to 140 lbs/ac of available nitrogen.
NR 113.09(4) (4)Annual agronomic rate. For the purpose of implementing this section, septage may not be applied at a rate that exceeds the following: - See PDF for table PDF
NR 113.09(5) (5)Maximum loading. The hydraulic loading rate of application shall be limited by soil characteristics but under no conditions may it exceed 13,000 gallons per acre per week for holding tank or septic tank contents or a combination of the 2. Ponding of septage shall be prohibited.
NR 113.09(6) (6)Grease interceptors. Waste from grease interceptors shall be disposed of at a department licensed sanitary landfill, land applied or through some other department approved method.
NR 113.09(6)(a) (a) Contents of grease interceptors that are land applied to agricultural lands shall be incorporated, injected or mixed with septage at a level not to exceed 25% grease interceptor wastewater and applied in accordance with sub. (5).
NR 113.09(6)(b) (b) The hydraulic loading rate for land application shall be limited by soil characteristics but under no conditions may exceed 4,300 gallons per acre per application for grease interceptor contents. Ponding of the grease interceptor wastewater is prohibited. - See PDF for table PDF
NR 113.09 Note 1 The maximum annual hydraulic loading that will be permitted for any high use field will be based on the annual agronomic application rate computed by using the formula in sub. (4).
NR 113.09 Note 2 If the crop grown on a low use field requires less than 100 lbs N/ac, the max. annual hydraulic loading that is permitted is based on the annual agronomic application rate in sub. (4).
NR 113.09 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
NR 113.10 NR 113.10County regulation.
NR 113.10(1) (1) A county may request the authority from the department to regulate land disposal of septage under this chapter.
NR 113.10(2) (2) A county request shall include:
NR 113.10(2)(a) (a) A complete description of the proposed county-wide program;
NR 113.10(2)(b) (b) The proposed county-wide septage ordinance and regulations, which shall be consistent with this chapter and s. 281.48, Stats., and shall be applied uniformly to the entire county.
NR 113.10(2)(c) (c) Plans for personnel, budget, equipment, records system and forms;
NR 113.10(2)(d) (d) Authority and capability to regulate and enforce the proposed regulatory program;
NR 113.10(2)(e) (e) A description of the mechanism for generating money to finance the regulatory program;
NR 113.10(2)(f) (f) A description of the records system, which shall include field locations, field tests, field owners, field users, loading rates, county inspection, annual field licenses and enforcement actions; and
NR 113.10(2)(g) (g) Enforcement mechanisms with penalties identical to those in s. 281.98, Stats.
NR 113.10(3) (3) The department shall:
NR 113.10(3)(a) (a) Investigate the capability of the county to successfully implement the proposed regulatory program;
NR 113.10(3)(b) (b) Approve, conditionally approve or deny the proposed county regulatory program. Department action shall be based on the county's capability to successfully implement the proposed regulatory program;
Loading...
Loading...
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.