-Removed language that was inserted into ch. NR 113; and -Clarifications on portable restroom servicing assistant.
-The Certification Grades section is updated to reflect current practices and provides flexibility to operators to convert grades.
-The Operator-in-Charge and Master Operator section includes:
-Minor clarifications and increased flexibility to master operators to reduce their certification to a certified operator; and
-Clarifications for the department to reduce a master operator to a certified operator through sanctions consistent with statutes.
-The Examinations and Applications sections clarify master operator exam registration requirements.
-A new section for Non-delinquency Certification from the Department of Children and Families and the Department of Revenue is added. This section includes the multiple statutory requirements required of the department before the department issues or renews operator certifications. The section combines these requirements to provide more transparency and provides clear instruction to the department.
-The Fees and Issuances of Certifications sections are clarified.
-The Certification Renewals section is clarified. Language is added to clarify requirements for reissuance of master operator certifications when those certifications have lapsed for more than one year, but less than five years.
-The Continuing Education and Training Requirements and the Sanctions sections are clarified. In addition, flexibility was provided in trade show attendance to meet some general septage education requirements for master operators.
-A new Enforcement section is added to ch. NR 114, subchapter II. This section is inserted consistent with ch. NR 113. -The Variance section is modified for consistency with ch. NR 113 changes. 6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
General. Wisconsin regulates septage (ch. NR 113) separately from sewage sludge (ch. NR 204). Both rules have unique requirements yet have some overlapping requirements. Federal Standards for the Use or Disposal of Sewage Sludge, 40 CFR 503, defines septage as sewage sludge, but also provides numerous exemptions for septage. Delegation and land application. The Wisconsin septage program, while not a delegated program through the U.S. Environmental Protection Agency (US EPA), incorporates the federal septage land application requirements into ch. NR 113 and is consistent with 40 CFR 503. US EPA operates its septage program independently and follows up on complaints in Wisconsin when necessary. No known federal septage penalties have been assessed in Wisconsin in the last 12 years. Grease. Chapter NR 113 also regulates sanitary grease interceptor wastes as septage. Federal requirements for all grease interceptors are regulated under 40 CFR 257. In Wisconsin, the land application of industrial grease interceptors is regulated under ch. NR 214. Violations. US EPA operates its septage program independently and follows up on complaints in Wisconsin when necessary. No known septage penalties have been assessed in Wisconsin in the last 12 years.
Penalties. Violations of 40 CFR 503 may be considered a criminal activity with penalties of $25,000 per day of violation. Violations of ch. NR 113 are considered civil activities with penalties up to $5,000 per day of violation. Wisconsin most often uses citation authority under ch. NR 113 with Conservation Wardens issuing citations. 7. Comparison with Similar Rules in Adjacent States (Illinois, Iowa, Michigan and Minnesota):
Similar to Wisconsin, Illinois, Iowa, Michigan and Minnesota are not delegated by US EPA to regulate septage servicing and disposal on behalf of US EPA. Each of the adjacent states have varying septage regulatory programs but generally include the requirements of 40 CFR 503 within their regulations. Iowa. Iowa Department of Natural Resources regulates septage servicing companies through an annual licensing requirement. Each business entity designates one person to be the representative for the company. Each business must submit a waste management plan detailing the volume of septage collected, historical and proposed disposal at publicly operated treatment works (POTW), letters of acceptance from each POTW, location and areas of sites that are used for land application, crop type, septage application methods, and anticipated volumes of septage to be applied. Iowa has specific change in ownership and change in address requirements. Continuing education is required prior to renewal. Prior to using additional or different sites, the management plan must be amended. Annual fees are required. Septage servicing and disposal equipment must meet specific requirements to avoid public health and nuisance related issues. Equipment when used for land application is required to meet additional requirements related to application and pathogen controls. Land application sites require annual inspection. Waste from toilet units (portable restrooms and privies) is required to be treated at a POTW. Required records and records retention is similar to 40 CFR 503. Civil penalties are used. The department may suspend, revoke and deny licenses. Land application sites require prior department approval and required a soil fertility test (nutrient soil testing.) Illinois. The Illinois Department of Public Health (IDPH) regulates the installation of private sewage disposal systems with no surface discharge and those that discharge up to 1,500 gallons per day to the ground surface. Approximately 90 local health agencies regulate these same plans as agents of IDPH and also regulate pumping contractors, portable sanitation businesses, portable sanitation technicians and portable sanitation technician trainees. Local ordinances vary between health departments.
Michigan. Septage is regulated by the Michigan Department of Environmental Quality. Michigan issues septage waste servicing licenses and requires a licensing package that includes written approvals from each receiving facility where the septage is treated and a location of sites where the septage will be disposed. A representative must be designated to represent the business. The representative is required to show successful continuing education completion. The septage servicing equipment is required to be licensed. Identification of the vehicle is similar to Wisconsin with required lettering on each side of the vehicle. Setbacks from wells range from 150 feet minimum to 2,000 feet to Type I and IIa wells and are further based on application methods. Michigan requirements include frozen ground prohibitions. Land application sites require prior department approval and required a soil fertility test (nutrient soil testing). Required records and records retention is similar to 40 CFR 503. Storage is allowed. An operating permit with logging requirements is required for greater than 50,000 gallons. Enforcement includes criminal (imprisonment and monetary) and civil penalties. Minnesota. The Minnesota Pollution Control Agency (MPCA) licenses septage maintenance businesses that pump out solids from septic tanks. Individuals performing the work require individual certifications and require continuing education. The licensing and certification program is part of the design and installation for onsite wastewater treatment systems. Disposal is allowed at treatment plants if willing to accept. Bonding is required. Land application of septage is allowed with many regulations following 40 CFR 503. Local ordinances have specific requirements and vary across the state. Storage less than 50,000 gallons is allowed by obtaining local construction permits and may include operating permits at local discretion. Storage greater than 50,000 gallons is allowed through MPCA with initial plan review fee of $9,300, an annual operating fee of $500 and permit renewal fee of $1,240. Enforcement includes penalties, revocations, and suspensions. 8. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen: The rule will impact septage businesses and the department. There should be no impact to any other business, business sectors, public utility rate payers, local governmental units or the state’s economy as a whole.
Modifications to chs. NR 113 and 114 primarily focused on: a) increased flexibility and direction to businesses relating to septage storage, b) clarifying language and requirements that promote compliance, level playing field competition, and c) providing flexibility to businesses. Septage businesses in Wisconsin are small businesses. The septage storage requirements of s. NR 113.12 were revised to provide more flexibility to septage servicing businesses. Requirements from chs. NR 110, 213, 214 and SPS 383 and corresponding DSPS component manuals were included to provide increased thresholds for many storage requirements. These increased thresholds promote cost efficiencies to businesses while at the same time promote septage reuse as a beneficial use of nutrients. The septage storage section also improves communication relating to requirements so applicants may more easily obtain their approvals in a timely manner. This improved communication of requirements improves efficiencies to the businesses. Language improvements included:
-Adding statutory requirements relating to the Departments of Revenue, Children and Families, and Workforce Development for issuing and reissuing certifications and licenses. This additional language promotes transparencies and provide the requirements in a single location for septage businesses.
-Moving business-related requirements from the certification requirements of ch. NR 114 to more closely tie those requirements with other business requirements of ch. NR 113. -Definitions were improved and clarified.
-Clarifications throughout chs. NR 113 and 114 to improve the functionality of the requirements. -Modifying the farmer exemption requirements to align the requirements of ch. NR 113 with statutory requirements in statute. Additional flexibility was added into the chapters. Some of these increased flexibilities include:
-Increase weekly land application rates for particular soils and methods of applications.
-Ability for portable restroom servicing companies to maintain less restrictive daily logs.
-An alternative certification statement for “T” grade businesses.
Technical information was also gathered from University of Wisconsin-Extension A-2809 technical bulletin title Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin and University of Wisconsin-Extension A-2100 technical bulletin titled, Sampling Soils for Testing.
Additional technical information was gathered from other regulatory requirements from the Department of Agriculture, Trade and Consumer Protection (DATCP), the DNR, and the DSPS. A partial list of those chapters and their titles are shown below:
-SPS 381-SPS 387: Plumbing
-Several DSPS private onsite wastewater treatment system component manuals
-NR 110: Sewerage Systems
-NR 151: Runoff Management
-NR 204: Domestic Sewage Sludge Management
-NR 214: Land Treatment of Industrial Liquid Wastes, By-Product Solids and Sludges
-ATCP 50: Soil and Water Resource Management
-ATCP 65: Milk and Milk Products
-ATCP 79: Campgrounds
9. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: There are approximately 420 septage businesses licensed to perform servicing and disposal activities in Wisconsin. These licensed businesses utilize approximately 1000 licensed trucks. In addition, there are approximate 1200 certified operators including certified master operators, septage vehicle operators and operators-in-training. Of these there are approximately 400 master operators. The department maintains this information in the operator certification database known as the environmental licensing and certification (ELC) database.
There are approximately 10 WPDES permits issued to septage only servicing companies or entities. These WPDES permits are issued to entities that have a combined septage storage capacity of greater than 25,000 gallons. These WPDES permits contain similar language as those issued to publicly owned wastewater treatment plants. Requirements within these permits focus on storage and land application requirements. These septage only storage WPDES permits do not have effluent requirements. These WPDES permits do include many of the standard requirements of ch. 283, Wis. Stats. The permitting information is maintained in the wastewater database known as the System for Wastewater Application, Monitoring and Permitting (SWAMP). Approximately 40 businesses possess septage storage less than 25,000 gallons. Many of these businesses have storage tanks that were installed under a combination of requirements of ch. NR 113 relating to septage storage and requirements of chs. SPS 383 and 384 that regulate private onsite wastewater treatment system holding tanks. These small septage storage facilities typically are not required to possess WPDES permits due to their size and relatively low risk of leaking to the environment. The department collected additional information from the Septage Study Group, an advisory committee assembled to provide input relating to septage topics. The Wisconsin Liquid Waste Carriers Association (WLWCA), the primary industry association that represents septage businesses is represented on this study group with multiple members. Other members of this group include: a licensed septic system installer, county land and water conservation department employees, county sanitarian responsible for regulating septic system installations in their county, several non WLWCA members, a portable restroom business representative, state employees representing DSPS and DATCP, and a representative of municipal environment group (MEG).
Input was collected by the department through the department’s Septage Study Group, ongoing trainings and DNR Help Booths at WLWCA sponsored winter and summer conventions, numerous Master Operator training sessions, numerous septage audits and many conversations with county officials.
Hours of information was collected from the advisory septage study group consisting of the following associations, trade groups and departments:
-Representatives from WLWCA including public affairs strategist
-Independent septage business owners
-Certified septage operators
-Certified Soil Testers and Septic System Installation Contractor
-Portable restroom servicing business representative
-County sanitary code administrator(s)
-County land and water conservation department
-DATCP representative
-DSPS representative
-DOA small business representatives
-Municipal Environmental Group (MEG)
