NR 113.07(3)(c)3.b.
b. A site approval may be rescinded if information is provided or available to the department showing the information used by the department to approve a site is not consistent with the new information and the site is deemed by the department to be inadequate to protect public health and waters of the state.
NR 113.07(3)(c)3.c.
c. The department may request a site approval to be re-reviewed when ownership issues are unclear, violations such as overapplication are identified, or other potential concerns are identified about a specific site.
NR 113.07(3)(c)3.d.
d. A site that is approved by the department or by a county and meets all the separation requirements at the time of approval may not have the site approval rescinded for separation distance encroachment by residences, businesses, or recreational areas for a period of 5 years. This 5-year period shall run from the occupancy date of the encroachment.
NR 113.07(3)(c)4.
4. Site management plans may not allow surface spreading of septage on disposal sites with a slope greater than 6 percent.
NR 113.07(3)(c)5.
5. Surface application on snow covered fields requires plowed spreading lanes (snow removal) perpendicular to the slope when the snow depth is greater than 6 inches. Plowed lanes may not be wider than 20 feet and no closer than 40 feet.
NR 113.07(3)(d)1.a.
a. The site restrictions under subd.
2. shall be met when septage is applied to agricultural land, forest, or a reclamation site.
NR 113.07(3)(d)1.b.
b. The pH of septage applied to agricultural land, forest, or a reclamation site shall be raised to 12.0 or higher by alkali addition and, without the addition of more alkali, shall remain at 12.0 or higher for 30 minutes, and the site restrictions under subd.
2. a. to
d. shall be met. When this option is utilized, each container of septage that is applied shall be monitored for compliance. For the purposes of measuring septage at a pH of 12.0 standard units, the pH shall be measured to 3 significant digits.
NR 113.07 Note
Note: To achieve accurate pH monitoring results use 3 lots of narrow range pH paper or strips with 3 distinct lot numbers, or calibrate pH meters frequently with appropriate buffer solutions.
NR 113.07(3)(d)2.
2. Pathogen reduction is achieved by all of the following site restrictions:
NR 113.07(3)(d)2.a.
a. Food crops with harvested parts that touch the septage/soil mixture and are totally above the land surface may not be harvested for 14 months after application of septage.
NR 113.07(3)(d)2.b.
b. Food crops with harvested parts below the surface of the land may not be harvested for 20 months after application of septage when the septage remains on the land surface for 4 months or longer prior to incorporation into the soil.
NR 113.07(3)(d)2.c.
c. Food crops with harvested parts below the surface of the land may not be harvested for 38 months after application of septage when the septage remains on the land surface for less than 4 months prior to incorporation into the soil.
NR 113.07(3)(d)2.d.
d. Food crops, feed crops and fiber crops may not be harvested for 30 days after application of septage.
NR 113.07(3)(d)2.e.
e. Animals may not be allowed to graze on the land for 30 days after application of septage.
NR 113.07(3)(d)2.f.
f. Turf grown on land where septage is applied may not be harvested for one year after application of the septage when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the department.
NR 113.07(3)(d)2.g.
g. Public access to land with a high potential for public exposure shall be restricted for one year after application of septage.
NR 113.07(3)(d)2.h.
h. Public access to land with a low potential for public exposure shall be restricted for 30 days after application of septage.
NR 113.07(3)(e)
(e) One of the following vector attraction reduction requirements shall be met when septage is applied to agricultural land, forest, or a reclamation site:
NR 113.07(3)(e)1.
1. Septage is injected below the surface of the land such that no significant amount of the septage shall be present on the land surface within one hour after the septage is injected.
NR 113.07(3)(e)2.
2. Septage applied to the land surface shall be incorporated into the soil within 6 hours after application to or placement on the land.
NR 113.07(3)(e)3.
3. The pH of septage shall be raised to 12.0 or higher by alkali addition and, without the addition of more alkali, shall remain at 12.0 or higher for 30 minutes. When this option is utilized, each container of septage that is applied shall be monitored for compliance.
NR 113.07 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; r. and recr. (1) (b), (c), am. (1) (d) and (3) (b) 1.,
Register, January, 1999, No. 517, eff. 2-1-99; corrections in (1) (e), (g) and (2) (b) 2. made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register September 2001 No. 549; correction in (1) (e) made under s. 13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673;
CR 20-046: am. (intro.), renum. (1) (a) to (1) (a) (intro.), 2. and am., cr. (1) (a) 1., am. (1) (b) (intro.), 1. (intro.), 2., 3., (d), (e), (f) (intro.), 1. to 4., 5. (intro.), renum. (1) (g) to (1) (g) (intro.) and am., cr. (1) (g) 1. to 3., am. (3) (a), (b) 1. Table, 6., r. and recr. (3) (b) 11., am. (3) (b) 12. Table 3, (c) 2., r. and recr. (3) (c) 3., am. (3) (d) 1. a., b., 2. (intro.), (e) 3. Register September 2021 No. 789, eff. 10-1-21; correction in (1) (b) 1. a., (c) 1., (3) (b) 3., (c) 4., (e) (intro.) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.08
NR 113.08 Site and soil evaluations. NR 113.08(1)(a)(a) Soil nutrient samples, when required under s.
NR 113.07 (3) (b) 11., shall be collected pursuant to University of Wisconsin - Extension bulletin A-2809, dated November 2012, which is incorporated by reference, consistent with s.
ATCP 50.50 (2) (d) and submitted to a department of agriculture, trade and consumer protection approved laboratory for analysis.
NR 113.08 Note
Note:
Copies of Bulletin A-2809, dated November 2012, are available for inspection in the offices of the department of natural resources and the legislative reference bureau.
NR 113.08(1)(b)
(b) Morphological soil evaluations shall be conducted by a soil scientist under s.
NR 113.03 (64m), subject to all of the following requirements:
NR 113.08(1)(b)1.
1. Morphological soil evaluations are required for any of the following:
NR 113.08(1)(b)1.b.
b. Low use fields when detailed soil conservation or survey maps are not available.
NR 113.08(1)(b)2.
2. The evaluation shall include soil conditions and properties, permeability, available water capacity, depth of zones of soil saturation, depth to bedrock, slope, topography, setback requirements, and the potential for flooding.
NR 113.08(1)(b)3.
3. Evaluation data shall be reported on forms acceptable to the department and signed by the soil scientist. Reports shall be filed with the department for all sites investigated within 30 days of evaluation completion. No evaluation data may be omitted from reporting.
NR 113.08(2)
(2)
Soil borings; high and low use fields. Soil borings are required for all high use fields. Low use fields are not required to have soil borings as long as reliable detailed soil conservation or survey maps are available except as follows:
NR 113.08(2)(a)
(a) Low use fields for which limited soil information is available are required to have soil borings.
NR 113.08(2)(b)
(b) For all low use fields that have a high degree of variability or where a detailed soil conservation or survey maps are known to be unreliable, the department or a delegated county may require soil borings.
NR 113.08(2)(c)
(c) Additional soil borings may be required by the department when limited soil information exists or when soil information is determined to be insufficient.
NR 113.08(3)
(3)
Soil saturation determinations. Soil saturation determinations shall be conducted and reported by a soil scientist unless approved by the department.
NR 113.08 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97;
CR 20-046: am. (title), renum. (1) to (1) (a), (b) and am., am. (2) (a), cr. (2) (c), (3) Register September 2021 No. 789, eff. 10-1-21; correction in (1) (b) (intro.) made under s. 35.17, Stats., and correction in (2) (title) made under s. 13.92 (4) (b) 2. Register September 2021 No. 789. NR 113.09(1)(a)(a) Land application to a site may not exceed the maximum hydraulic loading rates specified in Table 4 or nitrogen needs of the crop.
NR 113.09(1)(b)
(b) Septage may only be applied to agricultural lands and may not be applied at rates that will supply available nitrogen at amounts greater than the agronomic need for the crop grown as calculated under sub.
(4).
NR 113.09(1)(c)
(c) Yearly loading rates listed in Table 4 may be used if the crop grown on a low use field requires 100 lbs-N/ac or more. If the crop requires less than 100 lbs-N/ac, the loadings shall be reduced in accordance with the equation under sub.
(4).
NR 113.09(2)
(2)
High use fields. The volume of septage applied annually on a high use field may not exceed the amount calculated under sub.
(4) that is necessary to supply the nitrogen needs of the crop to be grown, as determined by the analysis of soil samples. The nitrogen crop needs shall be based on the University of Wisconsin - Extension bulletin A-2809 nutrient application guidelines for field, vegetable and fruit crops in Wisconsin, dated November 2012, which is incorporated by reference and soil samples shall be collected based on the University of Wisconsin extension bulletin A-2100, sampling soils for testing, dated January 2013, which is incorporated by reference or guidance approved by the department, except as allowed under sub.
(3).
NR 113.09 Note
Note: Copies of Bulletin A-2100, dated January 2013, and Bulletin A-2809, dated November 2012, are available for inspection in the offices of the department of natural resources and the legislative reference bureau.
NR 113.09(3)
(3)
Specific crops on high use fields. Septage may be applied to most leguminous crops at a volume sufficient to supply 200 lbs/ac of available nitrogen. If septage is applied to soybeans, the loading shall be limited to 140 lbs/ac of available nitrogen.
NR 113.09(4)
(4)
Annual agronomic rate. For the purpose of implementing this section, septage may not be applied at a rate that exceeds the following:
-
See PDF for table 
NR 113.09 Note
Note: Under the federal nitrogen-hydraulic formula this estimates 2.5 lbs of nitrogen per 1,000 gallons of septage.
NR 113.09 Note
Note: The landowner or farmer may be subject to compliance with s.
ATCP 50.04 (3) and s.
NR 151.07. Any application of nutrients shall be consistent with nutrient management plans under these state requirements and with any local requirements.
NR 113.09(5)
(5)
Maximum weekly loading of non-grease interceptor waste. NR 113.09(5)(a)(a)
Weekly hydraulic rates. The maximum weekly hydraulic loading rate of septage application shall be limited by soil characteristics, and application method. The maximum weekly hydraulic loading rate is limited to 13,000 gallons per acre per week except that injection and incorporation on sites of 6 percent slope or less may be increased as follows:
NR 113.09(5)(a)1.
1. For sites with predominately sandy loam, loam and silt loam, the weekly application rate may be increased with department approval to 27,000 gallons per acre per week.
NR 113.09(5)(a)2.
2. For sites with predominately clay loam, the weekly application rate may be increased with department approval to 20,000 gallons per acre per week.
NR 113.09(5)(a)3.
3. Prior to hydraulic application of septage greater than 13,000 gallons per acre per week, the licensee or WPDES permit holder shall submit a written request to the department for an increase in weekly hydraulic loading. The request shall include supporting information and be submitted under s.
NR 113.11 (1).
NR 113.09(5)(a)4.
4. After receiving a written request for an increased weekly hydraulic application rate from an applicant, the department shall determine the predominant soil texture at that site and evaluate if an increased weekly hydraulic loading rate is supported. The department, when making the determination of predominate soil texture, shall ensure the predominate soil texture within the top 12 inches of the soil profile and within the top 36 inches of the soil profile. The department shall document the evaluation in writing and provide the evaluation to the licensee or WPDES permit holder.
NR 113.09(5)(a)5.
5. When weekly application rates are approved by the department for greater than 13,000 gallon per acre per week, the department may require a management plan.
NR 113.09(5)(b)
(b)
Ponding Prohibited. Ponding of septage shall be prohibited.
NR 113.09(6)(ag)(ag) Waste from grease interceptors shall be disposed of at a department licensed sanitary landfill, discharged for treatment at a WPDES permitted POTW, land applied, or disposed or treated through some other department approved method.
NR 113.09(6)(ar)
(ar) Contents of grease interceptors that are land applied to agricultural lands shall be incorporated, injected or mixed with septage at a level not to exceed 25 percent grease interceptor wastewater and applied in accordance with sub.
(5).
NR 113.09(6)(b)
(b) The hydraulic loading rate for land application shall be limited by soil characteristics but under no conditions may exceed 4,300 gallons per acre per application for grease interceptor contents. Ponding of the grease interceptor wastewater is prohibited.
-
See PDF for table NR 113.09 Note
1 The maximum annual hydraulic loading that will be permitted for any high use field will be based on the annual agronomic application rate computed by using the formula in sub. (4).
NR 113.09 Note
2 If the crop grown on a low use field requires less than 100 lbs N/ac, the max. annual hydraulic loading that is permitted is based on the annual agronomic application rate in sub. (4).
NR 113.09 Note
3 Weekly application rates may be increased over the standard rate of 13,000 gallon per acre per week under sub. (5) (a).
NR 113.09 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97;
CR 20-046: renum. (1) to (1) (b), (c) and am., cr. (1) (a), am. (2), (4), r. and recr. (5), renum. (6) (intro.), (a) to (6) (ag), (ar) and as renumbered, am. (6) (ag), am. (6) (b) Table 4 Register September 2021 No. 789, eff. 10-1-21; correction in (6) (ar) made under s. 35.17, Stats., Register September 2021 No. 789. NR 113.10(1)(1)
A county may request the authority from the department to regulate land disposal of septage under this chapter.
NR 113.10(2)
(2) A county request shall include all of the following:
NR 113.10(2)(a)
(a) A complete description of the proposed county-wide program.
NR 113.10(2)(b)
(b) The proposed county-wide septage ordinance and regulations, which shall be consistent with this chapter and s.
281.48, Stats., and shall be applied uniformly to the entire county.
NR 113.10(2)(c)
(c) Plans for personnel, budget, equipment, records system, and forms.
NR 113.10(2)(d)
(d) Authority and capability to regulate and enforce the proposed regulatory program.
NR 113.10(2)(e)
(e) A description of the mechanism for generating money to finance the regulatory program.
NR 113.10(2)(f)
(f) A description of the records system, which shall include field locations, field tests, field owners, field users, loading rates, county inspection, annual field licenses, and enforcement actions.
NR 113.10(3)
(3) The department shall complete all of the following:
NR 113.10(3)(a)
(a) Investigate the capability of the county to successfully implement the proposed regulatory program.
NR 113.10(3)(b)
(b) Approve, conditionally approve, or deny the proposed county regulatory program. Department action shall be based on the county's capability to successfully implement the proposed regulatory program.
NR 113.10(3)(d)
(d) Monitor and evaluate the performance of any county that implements an approved county-wide land disposal regulation program. Evaluation of county efforts shall be conducted after the first 12 months but before 18 months of approval of the county program. If the county is found to be performing satisfactorily, then future evaluations shall be once every 2 years. If a county fails to adequately enforce the septage disposal ordinance, the department shall conduct a public hearing in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the hearing, the department shall issue a written decision regarding compliance. If the department determines that the county has failed to adequately enforce the septage disposal ordinance, the department shall by order require modifications of the county program administration or revoke the authority of the county to adopt and enforce a septage disposal ordinance. At any time after the department issues an order under this paragraph, a county may submit a new application under sub.
(1). The department may enforce this section and rules adopted under this section in any county which has adopted a septage disposal ordinance.
NR 113.10(3m)
(3m) The department may in no case delegate authority for the issuance of WPDES permits for the management of septage storage facilities, under s.
NR 113.12 or centralized septage treatment facilities under ch.
NR 204.
NR 113.10(4)
(4) No county septage ordinance may void existing contracts between a holding tank system owner and a POTW.
NR 113.10(5)
(5) No county may direct the disposal of wastewater from large holding tank POWTS from a POTW that is presently accepting the wastewater for treatment to another POTW without the consent of both POTWs and the owner of the holding tank POWTS.
NR 113.10 History
History: Cr.
Register, September, 1996, No. 489, eff. 1-1-97; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2001 No. 549;
CR 20-046: am. (2) (intro.), (a), (c) to (f), (3) (intro.), (a), (b), renum. (3) (c) to (3m) and am., am. (5) Register September 2021 No. 789, eff. 10-1-21. NR 113.11(1)(1)
Site information. A business shall only apply septage to land application sites that meet the requirements of this chapter. Each business disposing of septage to a land application site shall, at least 7 days prior to using a land application site, submit all of the following to the department or its designee:
NR 113.11(1)(a)
(a) Plat map or aerial photograph or U.S. geologic survey topographic map with the field outlined and a scale attached for easy reference.
