Section NR 113.11 - Department regulation(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: (a) Plat map or aerial photograph or U.S. geologic survey topographic map with the field outlined and a scale attached for easy reference.(b) Detailed soil survey map with the field outlined, if available, or soil investigation data as required in s. NR 113.08. Soil investigation data as required in s. NR 113.08 shall be collected, validated and signed by a soil scientist.(c) Completed land application site and evaluation reports. (cg) Proof of ownership of property and a landowner's signed statement accepting septage onto the site. (cr) Completed department land application site request form 3400-053. Note: The land application site request form is available by contacting the department of natural resources, water quality bureau, P.O. Box 7921, Madison, WI 53707-7921 or by making a request through a regional septage coordinator.
(d) Any other information required by the department to make a determination on the adequacy of the proposed site.(2) EXCEPTION TO THE 7-DAY SUBMITTAL REQUIREMENT FOR FARMS.(a) A farmer who generates septage from a septic tank on that farm may land apply the septage from that septic tank on that farm provided the farmer has proven to the department that adequate land is available for land application under s. 281.48(4m), Stats.(b) A farmer may land apply only on land that meets the requirements of this chapter and s. 281.48(4m), Stats.(c) The farmer shall record in the log book system all information required by the department under sub. (3) (b).(d) The farmer shall comply with all applicable statutes and rules in removing and disposing of septic tank waste under s. 281.48(4m), Stats.(e) The farmer shall report to the governmental unit under s. 145.01(5), Stats., or designated agent all servicing events under s. SPS 383.55. Service event reporting requires providing the governmental unit or designated agent with a registration number. The non-commercial registration number is provided by the department when the farmer proves to the department that sufficient land is available under s. 281.48(4m), Stats.(3) RECORD KEEPING AND REPORTING INFORMATION. Each business engaging in septage servicing shall submit or keep all of the following information on department approved forms, as indicated in this subsection, and submit it to the department or its designee:(a)Annual submittals for land application. An annual land application report that includes all of the following shall be submitted annually to the department, on electronic forms provided by the department by January 31, following the calendar year in which land application occurs by those businesses that land apply: 1. Completed records of the fields used, gallons, and type of septage applied on each field and number of acres used. Note: Department form 3400-55 is provided for this purpose. The online form generated for each business is accessed through the Wisconsin web access management system (WAMS) and using the department switchboard identification information issued to the business.
2. Crop grown on each field used and its yearly nitrogen requirement.3. Annual nitrogen application rate in pounds per acre.3m. Documentation of the application of nutrients from all other sources.4. In addition, agricultural soil analysis for each high use field once every 4 years of use when required by s. NR 113.07(3) (b) 11.5. Any other information required by the department.(b)Annual submittals for other methods of septage disposal. An other method of disposal or distribution report that includes all of the following shall be submitted annually to the department on electronic forms provided by the department by January 31, following the calendar year in which the disposal of septage occurs:1. The method of disposal utilized.2. The name and permit or license number of the receiving facility, if applicable.3. The type and volume of waste disposed. Note: Department form 3400-52 is provided for this purpose. The online form generated for each business is accessed through the Wisconsin web access management system (WAMS) and using the department switchboard identification information issued to the business.
(c)Vehicle log book or invoice records system. Each licensed business and any person who services a septage system shall keep all of the following records and make these records available to department representatives upon request: 1. Each vehicle operator shall have and maintain a daily log book or invoice records system for that vehicle.2. Vehicle copies of daily log books and invoice records systems shall meet any of the following requirements: a. Daily log books and invoice records systems shall be kept in the vehicle for a minimum of 2 days after servicing a system, except as provided under this subd. 2. b.b. Daily log books and invoice records systems are not required to be kept inside the vehicle if the vehicle is solely used for servicing portable restrooms, the records are available at the business location, and the records are made available to the department representatives upon request.3. Daily log books and invoice records systems shall, at a minimum, contain all of the following information: a. Name, address, and identifying description of service location. If an address does not exist, alternate identifying information to record the location shall be provided.b. Date and time of servicing for each service location.c. Type of system and description of all wastes pumped.d. Gallons collected. The records for vehicles used solely for servicing portable restrooms shall record the total gallons collected at each service location.f. Date and time of disposal.g. Written certification by the designated operator-in-charge and vehicle operator as required under this subd. 7.h. A description or SOP of how the pathogen reduction requirements are met.i. A description or SOP of how the vector attraction reduction requirements are met. Note: Examples of alternate identifying location information include GPS coordinates, county parcel identification and legal description, written description, distance, and location from an identifiable landmark
4. Lime purchase receipts if surface spreading with alkaline stabilization is the selected method for meeting the pathogen and vector attraction reduction requirements.5. Actual annual hydraulic and nitrogen application rates shall be retained.6. All servicing records (log book or invoice records) shall be kept on file and available for inspection for a period of 5 years.7. The written certifications of daily logs and invoice system shall include any of the following, as applicable:a. For a business that land applies septage for disposal purposes, the pathogen and vector attraction reduction certification statement shall read as follows: "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements under [insert either s. NR 113.07(3) (d) 1. a. or NR 113.07(3) (d) 1. b.] and the vector attraction reduction requirement under [insert s. NR 113.07(3) (e) 1., NR 113.07(3) (e) 2., or NR 113.07(3) (e) 3.] has been prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification." Note: A business may insert multiple references to pathogen and vector attraction requirements within the written certification statement correlating to the business operations.
b. For a business that does not land apply, a written certification is not required.8. A signed and dated certification statement shall be included with each day's logs and records. This requirement may be satisfied by including annual signed and dated certification statements with all daily logs and annual year-to-date loading summaries.9. Daily logs, other records, and additionally required information may be maintained in electronic format by the business and shall meet the requirements of this chapter.Wis. Admin. Code Department of Natural Resources NR 113.11
Cr. Register, September, 1996, No. 489, eff. 1-1-97; am. (3) (intro.), (a) and 1., 3., renum. (3) (b) to be (3) (c), (3) (c) 4. to be (3) (c) 6. and (3) (c) 3.j. to be (3) (c) 4., cr. (3) (b) and (c) 5., Register, January, 1999, No. 517, eff. 2-1-99.Amended by, CR 20-046: am. (1) (intro.), (c), cr. (1) (cg), (cr), am. (2) (a) to (c), cr. (2) (d), (e), am. (3) (intro.), (a) (intro.), 3., cr. (3) (a) 3m., 5., am. (3) (b) (intro.), renum. (3) (c) to (3) (c) (intro.) and am., renum. (3) (c) 2. to (3) (c) 2. (intro.), a. and am., cr. (3) (c) 2. b., am. (3) (c) 3. (intro.), a., b., d., g. to i., cr. (3) (c) 7. to 9. Register September 2021 No. 789, eff. 10-1-21; correction in (3) (a) 1. made under s. 35.17, Stats., Register September 2021 No. 789, eff. 10/1/2021