CR 20-046 Rule Text

The statement of scope for this rule, SS 110-18, was approved by the Governor on November 6, 2018, published in Register No. 755A2 on November 12, 2018, and approved by the Natural Resources Board on January 23, 2019. This rule was approved by the Governor on May 7, 2021.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board adopts an order to repeal NR 113.03 (11), (29), (49), (61), and (62), 113.04 (1) (Note), 113.05 (4) (b), (d) and (Note), 113.08 (1) (Note), 114.17 (2), (3) and 114.20 (3) (Note); renumber NR 113.09 (6) (a); renumber and amend NR 113.03 (7) and (55), 113.04 (1), 113.05 (4) (intro.), (a) and (c), 113.06 (2) (b), 113.07 (1) (a) and (g), 113.08 (1), 113.09 (1) and (6) (intro.), 113.10 (3) (c), 113.11 (3) (c) and 2., 114.16 (2), 114.19 (3) and 114.22 (3); to amend NR 113.01, 113.02 (intro.), 113.03 (6) Table, (9), (15), (24), (25), (31), (32), (34), (38), (57), (60), (65) and (74), 113.04 (2), 113.05 (1) (intro.), (a), (2) (intro.), (b), (3) (intro.) and (d), 113.06 (2) (intro.), (d) (intro.), 1., 2., (f), (k), (m) (intro.), 1., 2., 3., (3) (b), (e) and (f), 113.07 (intro.), (1) (b) (intro.), 1. (intro.), 2., 3., (Note), (c) (Note), (d), (e), (Note), (f) (intro.), 1., 2., 3., 4., 5. (intro.), (3) (a), (b) 1. Table, 6., 12. Table 3, (c) 2., (d) 1. a., b., 2. (intro.) and (e) 3., 113.08 (title), (2) (a), 113.09 (2), (4), (6) (b) Table 4, 113.10 (2) (intro.), (a), (c), (d), (e), (f), (3) (intro.), (a), (b), (5), 113.11 (1) (intro.), (c), (2) (a), (b), (c), (3) (intro.), (a), 1. (Note), 3., (b) (intro.), 3. (Note), (c) 3. (intro.), a., b., d., g., h. and i., 113.15 (1), (3) (intro.), (a), (b) and (c), 114.153 (5), (6), (8), (9), (10), 114.17 (1) (intro.), 114.18 (title), (1) (intro.), (2), (3) and (4), 114.19 (4), (8), 114.20 (1) (b), (e) and (2), 114.21, 114.23 (1), (2), (3) and (4), 114.24 (2) (intro.) and (c) and 114.25 (3) (title); to repeal and recreate NR 113.03 (43), 113.06 (2) (d) 3., (3) (c), 113.07 (3) (b) 11. and (Note), (c) 3., 113.09 (5) and 113.12; and to create NR 113.03 (7) (a), (b), (8m) and (Note), (13m), (16m), (26m), (31m), (33m), (34d), (34h), (34p), (34t), (35g), (35r), (39m), (42m), (55) (a), (b), (56m), (57m), (58m), (61m), (62m), (64m), (65m), (Note) and (68m), 113.04 (1) (a), (b), (c), (d) and (e), 113.05 (1) (c), (3) (dg), (dr), (3m), (4) (e), 1., 2., (f) and (g), 113.06 (2) (b) 2. a., b. and 3., (m) 2m., and (3) (c) 3. (Note), (f) (Note) and (g), 113.07 (1) (a) 1., (g), and (3) (d) 1. b. (Note), 113.08 (1) (a) (Note), (2) (c) and (3), 113.09 (1) (a), (2) (Note), (4) (Note 1) and (Note 2), 113.11 (1) (cg), (cr), (Note), (2) (d), (e), (3) (a) 3m., 5., (c) 2. b., 3. (Note), 7., 8. and 9., 113.15 (4) and (5), 114.153 (3e), (Note), (3m), (3s), (4e), (8g) and (8r), 114.16 (2) (c) and (d), 114.17 (2m), 114. 18 (5) and (6), 114.19 (3) (b), 114.195, 114.22 (3) (b), 114.23 (Note), 114.245 and 114.25 (4), relating to clarifying and streamlining certain regulatory requirements for septage servicing, and affecting small business.

WY-18-18

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Sections 281.41 and 281.48, Wis. Stats., and subsection 281.17 (3). Also, sections 23.50 to 23.99, 281.98,145.20, 49.857, 73.0301, 108.227 and subsection 145.01(5).

2. Statutory Authority: Sections 281.41 and 281.48 and subsection 281.17 (3), Wis. Stats.

3. Explanation of Agency Authority: Section 281.48, Wis. Stats., requires the department to promulgate rules relating to septage as the department is provided general supervision and control for servicing and disposal of septage.

-Subsection 281.48 (2m) states, “the department has general supervision and control of servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies and other components of private on-site wastewater treatment systems.”

-Subsection 281.48 (4g) states in part “The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private on-site wastewater treatment systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage.”

Section 281.41 (1), Wis. Stats., provides authority to the department to review and approve plans for septage storage. Further, s. 281.41 (2) provides the department the authority to exempt or modify the requirements for plan submittal.

-Subsection 281.41 (1) states in part, “…every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under s. 281.35 (5) (a), if applicable.”

-Subsection 281.41 (2) states, “The department may, by rule, exempt an owner of a specific type of system or plant from the requirements of sub. (1) or modify the requirements of sub. (1) for a specific type of system or plant.”

Section 281.17 (3), Wis. Stats., requires the department to promulgate rules for operating a septage vehicle operator certification program that includes examination requirements, continuing education requirements, and suspension and revocation requirements.

-Subsection 281.17 (3) states in part, “The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education.”

4. Related Statutes or Rules: Chapter 145, Wis. Stats. Plumbing and Fire Protection Systems and Swimming Pool Plan Review. This chapter includes specific requirements relating to servicing private onsite wastewater treatment systems (POWTS). The statute provides authority to the Department of Safety and Professional Services (DSPS) to create rules relating to plumbing systems and specifically relating to POWTS including POWTS maintenance programs to be implemented by governmental units (typically counties). The POWTS maintenance programs require licensed septage businesses and certified individuals to conduct servicing and to report to counties. Subsection 145.20 (5), Wis. Stats., authorizes DNR to suspend or revoke a license or a certification issued to the operator of a septage servicing vehicle if the licensee or operator falsified information on inspection forms.

Section 281.49, Wis. Stats., Disposal of Septage in Municipal Sewage Systems. This statutory section specifies requirements for licensed disposers and municipal sewage systems. Requirements include: disposal plans for accepting wastes from licensed disposers, analysis requirements, fees, fee review and disputing fees.

Chapter ATCP 50, Wis. Adm. Code., Soil and Water Resource Management Program, specifically s. ATCP 50.04 (3) (g), exempts the nutrient management planning requirements of this chapter if septage is the primary nutrient source.

Section ATCP 65.22, Wis. Adm. Code., Farm Premises, specifically s. ATCP 65.22 (6) (c), prohibits the mixing or storage of human waste or septage with animal manure on a dairy farm.

Chapter NR 151, Wis. Adm. Code., Runoff Management, specifically s. NR 151.07, Nutrient Management. Septage is exempted from nutrient management planning requirements as specified in ch. NR 151 provided septage is not commingled with manure.

Chapter SPS 383, Wis. Adm. Code., Private Onsite Wastewater Treatment Systems, specifically ss. SPS 383.54 and 383.55 relating to management plans and reporting requirements when inspecting and servicing POWTS.

5. Plain Language Analysis: This rule package updates the current rules by streamlining, clarifying, and providing more detail relating to current requirements. The rules detail septage storage requirements and provide additional options to businesses desiring to use septage storage.

Specific proposed changes in ch. NR 113, Wis. Adm. Code, include:

-The Purpose and Applicability sections are updated.

-The Definition section is modified to include several definitions that were formerly notes within the existing ch. NR 113. Additional definitions were added, modified, and removed to provide additional clarity.

-The General Requirements section is updated to include clarifying details surrounding business operation requirements including moving several requirements relating to business requirements from ch. NR 114.

-The Licensing section changes include clarity relating to:

-Applications for new businesses relating to non-sole proprietorships;

-The requirement to name an operator-in-charge for the business with valid credentials;

-Statutory requirements required of the department by the Departments of Children and Families, Workforce Development, and Revenue;

-Servicing the wastewater generated at campgrounds including portable restrooms; and

-Farmer exemption requirements where the changed language is now consistent with statutory requirements.

-The Vehicle Inspections and Servicing section changes include additional detailed language for clarity purposes. This includes providing:

-More detailed language for using septage vehicle operations for non-septage wastes;

-Additional flexibilities provided for portable restroom vehicles with suction hoses, displaying tank volumes and other;

-Modified truck identification requirements including eliminating lettering width and modifying other truck labeling requirements;

-Flexibility for servicing septage on islands;

-Clarity relating to spill plans and spill reporting;

-Details associated with trailer mounted portable restrooms; and

-Additional cab required documents for clarifying land application disposal details.

-The Disposal of Septage section changes clarify:

-Disposal consistencies associated with Wisconsin Pollutant Discharge Elimination System (WPDES) permitted facilities;

-Differences between private onsite wastewater treatment tanks non-holding tanks (septic tanks and similar) and private onsite wastewater treatment holding tanks, as the characteristics are commonly different;

-Application rates associated with high-use fields;

-Non-frozen, non-snow covered situations as compared to the term winter;

-The department’s authority relating to site approvals and the information used to evaluate the site approval request;

-pH measurements when using lime.

-The Site and Soil Evaluations section improves and clarifies the language relating to morphological soil testing for soil characteristics such as texture and structure, and nutrient soil testing requirements used for determining crop need. Soil saturation requirements are included to clarify existing department requirements.

-The Application Rates section clarifies language and specifies the proper UW-Extension bulletin. -Increased weekly applications are allowed when using incorporation and injection on sites that have soils suitable for the increased application rate. The purpose for this increase in weekly allowance is in line with increased septage storage and the need to land apply septage within specific windows on agricultural lands.

-The County Regulation section has slight modifications for consistency and clarity.

-The Department Regulation section clarifies:

-Land application site request submittal requirements for businesses;

-Land application requirements for those farmers who intend to land apply septage through the farmer exemption allowed by statute;

-Record keeping and reporting requirements; and

-Electronic record keeping is allowed.

-This section also provides:

-Increased flexibility in record keeping for portable restroom servicing, and

-Eliminates the need to include a certification statement with records for business that do not land apply.

-The Septage Storage Facilities section is completely rewritten to provide increased options to businesses for septage storage. This section also details submittal, review, management plan, inspection and reporting requirements for a wider variety of situations including using new and existing storage facilities as well as using manure storage facilities. Thresholds for many specific requirements have increased from 25,000 to 50,000-gallon capacities. WPDES permitting threshold requirements are proposed at 550,000 gallons.

-The Variance section is modified to:

-Include more contact information during the submittal process;

-Require the department to approve or deny the variance in writing; and

-Clarify that the variance may be cancelled due to noncompliant activities.

Specific proposed changes in ch. NR 114, Wis. Adm. Code, include:

-The Definition section is updated by adding and modifying definitions for clarity and consistency with ch. NR 113.

-The General Requirements section includes:

-Added flexibility for operators-in-training to be rehired after the initial 12-month registration period expires;

-Clarifications and details for operators-in-training registration;

-Removed language that was inserted into ch. NR 113; and