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or by a county and meet all the separation requirements at the time of approval may not have the site approval rescinded for separation distance encroachment by residences, businesses or recreational areas for a period of 5 years.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;
NR 113.10(3)(c) (c) In no case delegate authority for the issuance of WPDES permits for the management of septage storage facilities, under s. NR 113.12 or centralized septage treatment facilities under ch. NR 204; and
NR 113.10(3)(d) (d) Monitor and evaluate the performance of any county that implements an approved county-wide land disposal regulation program. Evaluation of county efforts shall be conducted after the first 12 months but before 18 months of approval of the county program. If the county is found to be performing satisfactorily, then future evaluations shall be once every 2 years. If a county fails to adequately enforce the septage disposal ordinance, the department shall conduct a public hearing in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance. If the department determines that the county has failed to adequately enforce the septage disposal ordinance, the department shall by order require modifications of the county program administration or revoke the authority of the county to adopt and enforce a septage disposal ordinance. At any time after the department issues an order under this paragraph, a county may submit a new application under sub. (1). The department may enforce this section and rules adopted under this section in any county which has adopted a septage disposal ordinance.
NR 113.10(4) (4) No county septage ordinance may void existing contracts between a holding tank system owner and a POTW.
NR 113.10(5) (5) No county may direct the disposal of wastewater from large holding tank systems from a POTW that is presently accepting the wastewater for treatment to another POTW without the consent of both POTW's and the owner of the holding tank system.
NR 113.10 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.
NR 113.11 NR 113.11Department regulation.
NR 113.11(1) (1) Site information. Each business disposing of septage shall, at least 7 days prior to using a disposal field, submit the following information to the department or its designee:
NR 113.11(1)(a) (a) Plat map or aerial photograph or U.S. geologic survey topographic map with the field outlined and a scale attached for easy reference.
NR 113.11(1)(b) (b) Detailed soil survey map with the field outlined, if available, or soil investigation data as required in s. NR 113.08. Soil investigation data as required in s. NR 113.08 shall be collected, validated and signed by a soil scientist.
NR 113.11(1)(c) (c) Completed department landspreading site evaluation form.
NR 113.11(1)(d) (d) Any other information required by the department to make a determination on the adequacy of the proposed site.
NR 113.11(2) (2)Exception to the 7-day submittal requirement for farms.
NR 113.11(2)(a)(a) A licensed business may service and spread wastewater on the farm where the septage was generated without prior field approval.
NR 113.11(2)(b) (b) A business may spread only on soils that meet the requirements of this chapter.
NR 113.11(2)(c) (c) Each vehicle operator shall record in the log book all information required by the department under sub. (3) (b).
NR 113.11(3) (3)Record keeping and reporting information. Each business engaging in septage servicing shall submit or keep the following information on department approved forms, as indicated in this subsection, and submit it to the department or its designee:
NR 113.11(3)(a) (a) Annual submittals for land application. An annual land application report shall be submitted annually by January 31, following the year in which land application occurs. Information to be submitted includes, but is not limited to, the following:
NR 113.11(3)(a)1. 1. Completed records of the fields used, gallons and type of septage applied on each field and number of acres used.
NR 113.11 Note Note: Department form 3400-55 shall be used for this purpose. Form 3400-55 will be mailed to each licensed business on an annual basis. Forms may also be obtained at no charge by writing: Department of Natural Resources, Bureau of Watershed Management, P. O. Box 7921, Madison, WI 53707-7921.
NR 113.11(3)(a)2. 2. Crop grown on each field used and its yearly nitrogen requirement.
NR 113.11(3)(a)3. 3. For high use fields, actual annual nitrogen application rate in pounds per acre. Application of nutrients from all sources shall be documented.
NR 113.11(3)(a)4. 4. In addition, agricultural soil analysis for each high use field once every 4 years of use when required by s. NR 113.07 (3) (b) 11.
NR 113.11(3)(b) (b) Annual submittals for other methods of septage disposal. An other method of disposal or distribution report shall be submitted annually to the department by January 31, following the year in which the disposal of septage occurs. Information to be submitted includes, but is not limited to, the following:
NR 113.11(3)(b)1. 1. The method of disposal utilized.
NR 113.11(3)(b)2. 2. The name and permit or license number of the receiving facility, if applicable.
NR 113.11(3)(b)3. 3. The type and volume of waste disposed.
NR 113.11 Note Note: Department form 3400-52 shall be used for this purpose. Form 3400-52 will be mailed to each licensed business on an annual basis. Forms may also be obtained at no charge by writing: Department of Natural Resources, Bureau of Watershed Management, P. O. Box 7921, Madison, WI 53707-7921.
NR 113.11(3)(c) (c) Vehicle log book or invoice records system. Each licensed business and any person who services a septage system shall keep the following records and make these records available to department representatives upon request.
NR 113.11(3)(c)1. 1. Each vehicle operator shall have and maintain a daily log book or invoice records system for that vehicle.
NR 113.11(3)(c)2. 2. Daily log books and invoice records systems shall be kept in the vehicle for a minimum of 2 days after servicing a system.
NR 113.11(3)(c)3. 3. Daily books and invoice records systems shall, at a minimum, contain the following information:
NR 113.11(3)(c)3.a. a. Name and address or location of system serviced.
NR 113.11(3)(c)3.b. b. Date and time of servicing.
NR 113.11(3)(c)3.c. c. Type of system and description of all wastes pumped.
NR 113.11(3)(c)3.d. d. Gallons collected.
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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.