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 -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.)
