-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.) 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
