-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)
In preparation of the code changes, the department worked with the Septage Study Group and WLWCA to develop a WPDES general permit for septage storage. As part of that effort, department work resulted in creating checklists and model plans as tools to assist businesses when developing their management plans. Additionally, workshops were also held. These efforts will be supplemented when rolling out the changes in s. NR 113.12 relating to septage storage. Septage business costs:
-Storage. Increased storage opportunities provide businesses generally with reduced costs to implement and maintain storage.
-Statewide savings to business (i.e., benefit) approximated at $25,000 per year.
-Potential increased business costs through management plan and spill plan for a one-time cost of $500 per business for storage <25,000 gal for approximately 40 businesses. Statewide one-time cost $20,000.
-Potential statewide business costs per year for storage inspections <25,000 gal is approximated $1,000 per year.
-Farmer Exemption Requirements:
-Changes in rule language relating to business and land application requirements were made to conform to existing statutory requirements.
-Little or no fiscal changes anticipated.
-Land Application Disposal Businesses:
-Weekly Maximum Application Rates: Some businesses may apply greater weekly maximum loadings resulting in a significant cost reduction when land application of large volumes of septage. These savings will be realized by being able to access potentially more sites due to the decreased window for land application of septage and a savings of fuel.
-Difficult to quantify the savings as each circumstance is different. However, increased flexibilities in the rule will allow businesses to use flexibilities for their maximum efficiencies.
-Maps: Spreading maps will be required in vehicles.
-Photocopying and binder costs might be incurred.
-Statewide fiscal impact estimated at $18,000 one-time cost with $3,000 cost per year.
-Portable Restroom Servicing Vehicle Logs
-Alternative record keeping requirements provide additional flexibility to businesses that operate portable restroom servicing vehicles.
-A statewide fiscal decrease is expected.
-Island Servicing. More flexibility included into rule relating to servicing equipment used for servicing POWTS on islands.
-A statewide fiscal decrease ranging between $25,000 to $125,000 per year is expected.
Counties: Code language was modified to conform to statutory language.
-No fiscal changes anticipated.
-Enforcement Related: Consistent with ch. NR 113, an enforcement provision is included in ch. NR 114 to allow citations to be issued instead of implementing civil actions through the Department of Justice. -Fiscal benefits estimate a reduction of approximately $78,000 per year for potential violations based on recent DOJ septage cases.
-Holds on License and Certification Issuance and Reissuances.
-The Departments of Revenue, Children and Family and Workforce Development have specific statutory requirements that impact the DNR by requiring DNR to verify “holds” for arrears. While this information is in statute, many individuals and business do not know about these issues. These “holds” prevent the department from issuing or reissuing certifications and licenses.
-No fiscal changes anticipated.
-Language Clarity. Language in rules were clarified for easier understanding and transparency. These changes will improve communication between industry and the department.
-No fiscal costs are expected.
-Benefits are numerous, but difficult to quantify.
10. Effect on Small Business (initial regulatory flexibility analysis): The rule will impact septage businesses and the department. The rule changes should have no impact to any other business, business sectors, public utility rate payers, local governmental units or the state’s economy as a whole.
All septage businesses are small businesses. Flexibilities have been included in the rule changes for all septage businesses.
-Increased the ability of septage businesses to increase septage storage volumes:
-Plan and Specification requirements: Increased the ch. NR 110 requirements exemption threshold to 50,000 gallons, and -WPDES permit requirements: Increased the WPDES permit requirement threshold to 550,000 gallons.
→Statewide business savings are expected to be about $25,000 per year.
→Statewide costs on businesses during the first year are expected to be approximately $40,000.
→Statewide costs on businesses after initial year are $4,000 per year.
→Statewide business flexibility is significantly increased.
-Increased the ability of septage businesses to increase the maximum application rate according to site conditions such as soil texture.
→Business flexibilities are significantly increased for businesses utilizing storage.
-Inserted enforcement provision into ch. NR 114 consistent with ch. NR 113 to reduce the need to utilize DOJ. →Estimated annual business savings of $78,000 per year.
-Provided alternative certification statements for “T” grade businesses.
→Improved flexibility over current regulations.
-Provided alternative daily log requirements for portable restroom servicing vehicles.
→Improved flexibility.
-Clarity and transparencies were incorporated into rules so that businesses are more aware of the rules and regulations that they face. This results in improved opportunities for business compliance.
→There are numerous changes for clarity, of which many are unquantifiable.
→There is an undetermined annual savings.
