NR 113.11(3)(c)3.g. g. Written certification by the designated operator-in-charge regarding the pathogen and vector attraction reduction requirements. The certification statement shall read as follows: ``I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements [insert either NR 113.07 (3) (d) 1. a. or NR 113.07 (3) (d) 1. b.] and the vector attraction reduction requirement in [insert NR. 113.07 (3) (e) 1., NR 113.07 (3) (e) 2., or NR 113.07 (3) (e) 3.] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification." This requirement may be satisfied by having the certification statement on annual year-to-date loading summaries for each site.
NR 113.11(3)(c)3.h. h. A description of how the pathogen reduction requirements are met.
NR 113.11(3)(c)3.i. i. A description of how the vector attraction reduction requirements are met.
NR 113.11(3)(c)4. 4. Lime purchase receipts if surface spreading with alkaline stabilization is the selected method for meeting the pathogen and vector attraction reduction requirements.
NR 113.11(3)(c)5. 5. Actual annual hydraulic and nitrogen application rates shall be retained.
NR 113.11(3)(c)6. 6. All servicing records (log book or invoice records) shall be kept on file and available for inspection for a period of 5 years.
NR 113.11 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (intro.), (a) and 1., 3., renum. (3) (b) to be (3) (c), (3) (c) 4. to be (3) (c) 6. and (3) (c) 3.j. to be (3) (c) 4., cr. (3) (b) and (c) 5., Register, January, 1999, No. 517, eff. 2-1-99.
NR 113.12 NR 113.12Septage storage facilities.
NR 113.12(1) (1)Large existing facilities. Existing in-ground or above-ground septage storage facilities constructed before September, 1987 and with a capacity of greater than 25,000 gallons shall be allowed as long as they meet the provisions of ch. NR 110, the department has accepted in writing the plans and specifications and the storage facility has received a specific WPDES permit. Storage facilities installed under ch. SPS 383 are allowed if the owner obtains a specific WPDES permit.
NR 113.12(2) (2)New large facilities. No person may construct any septage storage facility, which singly or when added together, provides capacity equal to or greater than 25,000 gallons without first obtaining department plan and specification approval. All storage facilities shall be designed in accordance with the appropriate requirements of ch. NR 110. No storage facility with a capacity equal to or greater than 25,000 gallons may operate until a specific WPDES permit is issued and an inspection and adequacy of sealing report is submitted and accepted by the department.
NR 113.12(3) (3)Small facilities. New or existing septage storage facilities with a capacity of less than 25,000 gallons are allowed if they have been approved under ch. SPS 383 or 384 or meet the standards in ch. NR 110 and the department is notified of their use through form 3400-137, revised in July 1988.
NR 113.12 Note Note: There is no intent to issue WPDES permits to all small storage facilities although the department reserves the ability to do so on a case by case basis in the event it is determined necessary to protect public health or the environment.
NR 113.12(4) (4)Other storage facilities. Septage may be stored at sites such as, but not limited to, manure storage facilities and sludge storage lagoons. The mixture resulting from any combination of septage and domestic wastewater sludge will all be classified as domestic sludge and its use or disposal will be governed by ch. NR 204. Septage may not be stored in manure storage facilities if the storage facilities are located under a building where animals are housed. Prior to use of a combined septage and other wastes facility, the department shall review an operations report for the facility. The facility may be used to store septage upon approval by the department. This report shall include at a minimum:
NR 113.12(4)(a) (a) The location of the storage facility;
NR 113.12(4)(b) (b) The type and volume of the storage facility including construction and sealing details;
NR 113.12(4)(c) (c) Sufficient site characteristics information to evaluate the environmental impact and suitability of such waste storage;
NR 113.12(4)(d) (d) The name and address of the owner of the storage facility;
NR 113.12(4)(e) (e) Any contractual arrangements involved;
NR 113.12(4)(f) (f) The type and composition of any wastes other than septage to be stored at the facility;
NR 113.12(4)(g) (g) Annual sampling and analysis of the combined wastes in accordance with requirements in the permit;
NR 113.12(4)(h) (h) The methods to be used for landspreading the septage or septage mixture; and
NR 113.12(4)(i) (i) If septage makes up 10% or more of the mixture in the storage facility or if there are 25,000 gallons or more of septage in the mixture, a certification statement that the entire contents of the storage facility shall be landspread in accordance with this chapter.
NR 113.12(5) (5)Extended storage. No person may store a batch of septage for longer than 2 years.
NR 113.12(6) (6)Department requirements. The department shall satisfy the time requirements for all permits and plan approvals in s. NR 108.03.
NR 113.12 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (1) and (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745.
NR 113.13 NR 113.13Suspension and revocation. Any licensed business which engages in improper servicing or violates any provision of this chapter may be subject to suspension or revocation as provided in s. 281.48 (5), Stats., and penalties or forfeitures provided in s. NR 113.14, or both.
NR 113.13 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
NR 113.14 NR 113.14Enforcement.
NR 113.14(1) (1)Citations. Pursuant to s. 281.48 (5s), Stats., the department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99, Stats., to collect a forfeiture for a violation of this chapter. Deposit amounts are listed in sub. (2).
NR 113.14(2) (2)Deposit schedule. Deposit amounts, not including applicable court costs, surcharges and assessments, for violations of ch. NR 113 sections are as follows: - See PDF for table PDF
NR 113.14(3) (3)Penalties. Any person or business who engages in improper servicing or violates any section of this chapter shall be subject to penalties as provided in s. 281.98, Stats.
NR 113.14 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549.
NR 113.15 NR 113.15Variances.
NR 113.15(1) (1)General. The department may approve a variance from the requirements of this chapter when it determines that special circumstances make compliance impractical or not in the best interests of the state and the department is satisfied that issuance of a variance will not be detrimental to public health or the environment.
NR 113.15(2) (2)Applicability. A variance may be requested from any requirement in this chapter that is not based on state statutes or federal statutes or regulations. A variance may not be issued for a statutory requirement.
NR 113.15(3) (3)Request for variance. A request for a variance shall be submitted in writing to the department. Each request for a variance shall contain the following:
NR 113.15(3)(a) (a) The name of the applicant;
NR 113.15(3)(b) (b) The section of this chapter from which a variance is sought and a statement explaining why the variance is necessary;
NR 113.15(3)(c) (c) An adequate description of the variance and the circumstances in which it will be used, including any pertinent background information which is relevant to making a determination on the justification of granting the variance; and
NR 113.15(3)(d) (d) A statement as to whether the same or similar variance has been requested previously, and if so, circumstances of the previous request.
NR 113.15 History History: Cr. Register, September, 1996, No. 489, eff. 1-1-97.
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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.