reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 110 - Sewerage Systems › Section NR 110.26 - Sludge handling, storage and disposal

Current through June 24, 2024
(1) DESIGN REPORT.
				A design report shall be submitted in accordance with s.
				NR
				110.15(1). The report shall show
				calculations used to design the sludge facilities. Design of sludge handling
				facilities shall consider such factors as the volume of sludge generated, its
				percent solids and character, the degree of volatile solids reduction, sludge
				temperature, the degree or extent of mixing to be obtained, the sludge percent
				solids and characteristics after processing and the size of the installation
				with appropriate allowances for sludge and supernatant storage and energy
				requirements whenever such factors are appropriate for the design of the sludge
				processing facilities.
(2) GENERAL
				DESIGN CONSIDERATIONS.
(a)
Grit
				removal.
When grit removal facilities are not provided, the volume of
				thickeners, digesters and storage facilities shall be increased to accommodate
				the additional solids loading.
(b)
Sludge thickening.
1.
				Whenever practical, sludge thickening shall be provided.
2. Thickened sludge should have a minimum
				solids concentration of 5% prior to transmission to the digesters.
(c)
Multiple
				units.
Multiple units shall be provided. A single unit may be allowed,
				provided an alternate method of sludge processing, emergency storage or
				ultimate disposal operation exists to insure continuity of service.
(d)
Maintenance.
1. Provisions shall be made for draining,
				cleaning, inspection, and maintenance of all units.
2. Tank bottoms shall be sloped to drain to a
				sump pump or withdrawal pipe.
3.
				Access manholes shall be provided. Covered tanks shall have one side wall
				entrance large enough to permit the use of mechanical equipment to remove grit
				and sand.
(e)
Storage facilities.
1. The
				construction of sludge storage facilities shall be required to improve sludge
				handling capabilities, provide flexibility in operations, and to avoid
				environmental or public health hazards due to improper disposal
				techniques.
2. Construction of
				these facilities will depend upon treatment plant capabilities, land
				availability, surface and groundwater protection, health factors, municipal
				sludge management capabilities and other environmental factors.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 110 - Sewerage Systems › Section NR 110.27 - Requirements for certified or registered laboratory

Current through June 24, 2024
Bacteriological analyses of groundwater samples, and all
				  radiological analyses, shall be performed by the state laboratory of hygiene or
				  a laboratory certified or approved by the department of health services. Other
				  laboratory test results for those pollutants which are required by the WPDES
				  permit to be monitored and which are submitted to the department in support of
				  facility plans or plans and specifications under this chapter shall be
				  performed by a laboratory certified or registered under ch. NR 149. The
				  department may require, on a case-by-case basis, that certain other laboratory
				  test results submitted to the department be performed by a certified or
				  registered laboratory. The following tests are excluded from this
				  requirement:
(1)
				Temperature,
(2)
				Turbidity,
(3) Bacteria tests in
				wastewater effluent,
(4)
				pH,
(5) Chlorine
				residual,
(6) Specific
				conductance,
(7) Physical
				properties of soils and sludges,
(8) Nutrient tests of soils and
				sludges,
(9) Flow
				measurements.
The requirement in this section to submit data from a
					 certified or registered laboratory is effective on August 28,
					 1986.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter I - General › Section NR 111.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish requirements
					 that apply to cooling water intake structures, including requirements that
					 apply to location, design, construction, and capacity of cooling water intake
					 structures at new and existing facilities. The chapter includes standards for
					 minimizing adverse environmental impact associated with the use of cooling
					 water intake structures and required procedures, including permit application
					 requirements and information submission requirements, for establishing the
					 appropriate technology requirements at certain specified facilities, and
					 monitoring, reporting, and recordkeeping requirements to demonstrate
					 compliance. In combination, these components represent the best technology
					 available for minimizing adverse environmental impact associated with the use
					 of cooling water intake structures. These requirements are established and
					 implemented in Wisconsin pollutant discharge elimination system permits issued
					 under s.
					 283.31(6),
					 Stats.
Note:
This regulation does not authorize take,
					 as defined by the federal endangered species act,
					 16
					 USC 1532(19), or Wisconsin's
					 endangered species law, s.
					 29.604,
					 Stats. The U.S. fish and wildlife service and the state of Wisconsin have
					 determined that any impingement, including entrapment or entrainment of
					 federally- or state-listed species constitutes take. Such take of
					 federally-listed species may be authorized pursuant to the conditions of a
					 permit issued under
					 16
					 USC 1539(a) or where
					 consistent with an incidental take statement contained in a biological opinion
					 pursuant to
					 16 USC
					 1536(o). Such take of
					 state-listed species may be authorized pursuant to the conditions of a permit
					 or authorization issued under s.
					 29.604(6m)
					 or (6r), Stats.
A permittee subject to this rule shall still comply with
						all state and federal threatened and endangered species laws for all organisms
						that could be adversely impacted by the permittee's cooling water intake
						structures, including amphibians, reptiles, and other aquatic
						invertebrates.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter I - General › Section NR 111.02 - Applicability

Current through June 24, 2024
(1) In this section:
(a) "Greenfield facility" means a facility
				  that is constructed at a site at which no other source is located, or that
				  totally replaces the process or production equipment at an existing facility,
				  as specified in
				  40 CFR 122.29(b)
				  (1) (i) and (ii).
(b) "Stand-alone facility" means a new,
				  separate facility that is constructed on property where an existing facility is
				  located and whose processes are substantially independent of the existing
				  facility at the same site, as specified in
				  40 CFR 122.29(b)
				  (1) (iii).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter II - Existing Facilities › Section NR 111.10 - Requirement to comply with BTA standards

Current through June 24, 2024
(1) The owner or
				  operator of an existing facility that meets the applicability criteria
				  specified in s. NR 111.02 shall at a minimum do all of the following:
(a) Comply with the BTA standards for
				  impingement mortality under s. NR 111.12 and entrainment under s. NR 111.13,
				  including any measures to protect threatened and endangered species and
				  federally designated critical habitat established under ss. NR 111.11(2) (a)
				  and 111.16.
(b) Submit and retain a
				  permit application and supporting information as specified in s. NR
				  111.40(2).
(c) Conduct compliance
				  monitoring as specified in s. NR 111.14.
(d) Report information and data and keep
				  records as specified in s. NR 111.15.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter II - Existing Facilities › Section NR 111.11 - Timing of BTA determinations

Current through June 24, 2024
(1) PERMIT
				  APPLICATION SUBMITTAL TIMEFRAMES
.
(a)
Permits expiring after July 14,
				  2018.
The owner or operator of an existing facility whose currently
				  effective permit expires after July 14, 2018 shall submit to the department the
				  information required in the applicable provisions of subch. V when applying for
				  a subsequent permit.
(b)
Permits expiring on or after October 14, 2014 and prior to or on July
				  14, 2018.
The owner or operator of a facility whose currently
				  effective permit expires on or after October 14, 2014, and prior to or on July
				  14, 2018, may request that the department establish an alternate schedule for
				  the submission of the information required under subch. V when applying for a
				  subsequent permit. If the owner or operator of the facility demonstrates that
				  it cannot develop the required information by the applicable date for
				  submission, the department shall establish an alternate schedule for submission
				  of the required information.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter II - Existing Facilities › Section NR 111.13 - Entrainment BTA standards

Current through June 24, 2024
The department shall establish BTA standards for
					 entrainment for each intake on a site-specific basis. These standards shall
					 reflect the department's determination of the maximum reduction in entrainment
					 warranted after consideration of the relevant factors as specified in subs. (2)
					 and (3). The department may also require periodic reporting on a facility's
					 progress toward installation and operation of site-specific entrainment
					 controls. These reports may include updates on planning, design, and
					 construction or other appropriate topics as required by the department. If the
					 department determines that the site-specific BTA standard for entrainment under
					 this section requires performance equivalent to a closed-cycle recirculating
					 system as defined in s. NR 111.03(5), then the facility in question shall
					 comply with the impingement mortality standard under s. NR 111.12(1) (a) 1. for
					 that intake. The department shall follow all of the following steps to
					 establish BTA standards for entrainment:
(1) The department shall provide a written
				  explanation of the proposed entrainment determination in the fact sheet for the
				  proposed permit. The written explanation shall describe why the department has
				  rejected any entrainment control technologies or measures that perform better
				  than the selected technologies or measures and shall reflect consideration of
				  all reasonable attempts to mitigate any adverse impacts of otherwise available
				  better performing entrainment technologies.
(2)
(a) The
				  department's BTA determination shall be based on consideration of all of the
				  following factors, plus any additional information required by the department,
				  such as that listed in sub. (3):
1. Numbers
				  and types of organisms entrained, including, specifically, the numbers and
				  species, or lowest taxonomic classification possible, of threatened and
				  endangered species and federally designated critical habitat, for example, prey
				  base.
2. Impact of changes in
				  particulate emissions or other pollutants associated with entrainment
				  technologies.
3. Land availability
				  as it relates to the feasibility of entrainment technology.
4. Remaining useful plant life.
5. Quantified and qualitative social benefits
				  and costs of available entrainment technologies when information on both
				  benefits and costs is of sufficient rigor to make a
				  decision.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter II - Existing Facilities › Section NR 111.15 - Recordkeeping and reporting requirements

Current through June 24, 2024
The owner or operator of an existing facility subject to
					 this subchapter is subject to all of the following requirements:
(1) REPORTING REQUIREMENTS. The owner or
				  operator shall submit to the department all of the following information:
(a)
Monitoring reports.
Discharge monitoring reports and results of all monitoring, demonstrations, and
				  other information required by the permit sufficient to determine compliance
				  with the permit conditions and requirements established under ss. NR 111.12 to
				  111.14.
(b)
Status
				  reports.
Any reports required under ss. NR 111.12 to 111.14.
(c)
Annual certification statement
				  and report.
An annual certification statement signed in accordance
				  with s.
				  NR 205.07(1)
				  (g) subject to the following:
1. If the information contained in the
				  previous year's annual certification is still pertinent, the owner or operator
				  of a facility may state this in a letter to the department. The letter, along
				  with compliance with any applicable data submission requirements specified in
				  this section, shall constitute the annual certification.
2. If the facility has substantially modified
				  operation of any unit that impacts cooling water withdrawals or operation of
				  the cooling water intake structures, the owner or operator of a facility shall
				  provide a summary of those changes in the report. In addition, the owner or
				  operator of a facility shall submit revisions to the information required under
				  subch. V in the next permit application.
(d)
Reporting.
Any additional
				  reporting required by the department. Additional reporting may be required when
				  necessary to establish permit compliance, including the records required under
				  sub. (2), and may provide for periodic inspection of the facility.
(e)
Additional reporting requirements
				  related to federal threatened and endangered species or federally designated
				  critical habitat.
Additional reporting associated with measures to
				  protect federally threatened or endangered species and critical habitat, in
				  situations when the department requires such measures under s. NR 111.16. The
				  department shall submit these reports at least annually to the U.S.
				  environmental protection agency region 5 office for compilation and transmittal
				  to the U.S. fish and wildlife service.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter II - Existing Facilities › Section NR 111.16 - Protection of threatened and endangered species and fragile species

Current through June 24, 2024
(1)
				  PROTECTION OF THREATENED AND ENDANGERED SPECIES AND FEDERALLY DESIGNATED
				  CRITICAL HABITAT. A WPDES permit for a facility subject to this chapter may
				  include additional control measures, monitoring requirements, and reporting
				  requirements that are designed to minimize incidental take, reduce or remove
				  more than minor detrimental effects to threatened and endangered species and
				  federally designated critical habitat, or avoid jeopardizing threatened and
				  endangered species or destroying or adversely modifying federally designated
				  critical habitat, for example prey base. The control measures, monitoring
				  requirements, and reporting requirements may include measures or requirements
				  identified by the U.S. fish and wildlife service during the 60-day review
				  period under sub. (3) or the public notice and comment period. When established
				  in the permit by the department, the owner or operator shall implement any such
				  requirements. The department may include the additional permit requirements if
				  at least one of the following applies:
(a)
				  Based on information submitted to the department by any fishery management
				  agency or other relevant information, there are migratory, sport, or commercial
				  species subject to entrainment that may be directly or indirectly affected by
				  the cooling water intake structure.
(b) It is determined by the department, based
				  on information submitted by any fishery management agencies or other relevant
				  information, that operation of the facility, after meeting the entrainment
				  standard of this section, would still result in undesirable cumulative
				  stressors to listed and proposed threatened and endangered species, and
				  federally designated and proposed critical habitat.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.20 - Requirement to comply with performance standards

Current through June 24, 2024
(1) The owner or
				  operator of a new facility that meets the applicability criteria under s. NR
				  111.02 shall comply with all of the following:
(a) Adhere to track I or track II performance
				  standards for impingement mortality and entrainment under s. NR 111.21(2) (a)
				  or (b), including any more stringent measures required under s. NR 111.21(3).
				  Less stringent standards may be approved as specified in s. NR
				  111.21(4).
(b) Submit and retain
				  permit application and supporting information as specified in s. NR
				  111.40(1).
(c) Conduct compliance
				  monitoring as specified in s. NR 111.22.
(d) Report information and data and keep
				  records as specified in s. NR 111.23.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.22 - Monitoring requirements

Current through June 24, 2024
An owner or operator of a facility to which this
					 subchapter applies shall perform all of the following monitoring:
(1) BIOLOGICAL MONITORING.
(a)
Impingement and entrainment
				  monitoring.
The owner or operator of the facility shall monitor both
				  impingement and entrainment of the commercial, recreational, and forage base
				  fish and shellfish species identified in either the source water baseline
				  biological characterization data required under s. NR 111.41(3) or the
				  comprehensive demonstration study required under s. NR 111.41(19), depending on
				  whether the owner or operator of the facility chooses to comply with s. NR
				  111.21(2) (a) or (b).
(b)
Impingement and entrainment monitoring methods.
The monitoring
				  methods used shall be consistent with those used for the source water baseline
				  biological characterization data required under s. NR 111.41(3) or the
				  comprehensive demonstration study required under s. NR 111.41(19).
(c)
Impingement and entrainment
				  monitoring frequency.
The owner or operator of the facility shall
				  monitor at the frequencies identified in pars. (d) to (f) for at least two
				  years after the initial permit issuance. After that time, the department may
				  approve a request for less frequent sampling in the remaining years of the
				  permit term and when the permit is reissued, if the department determines the
				  supporting data show that less frequent monitoring would still allow for the
				  detection of any seasonal and daily variations in the species and numbers of
				  individuals that are impinged or entrained.
(d)
Impingement sampling.
The owner or operator of the facility shall collect samples to monitor
				  impingement rates for each species over a 24-hour period and no less than once
				  per month when the cooling water intake structure is in operation.
(e)
Entrainment sampling.
The owner or operator of the facility shall collect samples at least every
				  other week to monitor entrainment rates for each species over a 24-hour period
				  during the primary period of reproduction, larval recruitment, and peak
				  abundance, as identified by the department. Samples shall be collected only
				  when the cooling water intake structure is in operation.
(f)
Authority to modify.
The
				  department may modify the monitoring program when the permit is reissued and
				  during the term of the permit based on changes in physical or biological
				  conditions in the vicinity of the cooling water intake structure. The
				  department may require continued monitoring based on the results of the
				  verification monitoring plan in the track II comprehensive demonstration study
				  required under s. NR 111.41(19) (c) 3.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.23 - Recordkeeping and reporting requirements

Current through June 24, 2024
The owner or operator of the facility shall report and
					 keep records according to all of the following requirements:
(1) The owner or operator of the facility
				  shall keep records of all the data used to complete the permit application and
				  show compliance with the requirements, any supplemental information developed
				  for the permit application materials, and any compliance monitoring data
				  submitted under s. NR 111.22 for a period of at least 3 years from the date of
				  permit issuance. The department may require that these records be kept for a
				  longer period.
(2) The owner or
				  operator of the facility shall provide all of the following information to the
				  department in a yearly status report:
(a)
				  Biological monitoring records for each cooling water intake structure as
				  required under s. NR 111.22(1).
(b)
				  Velocity and head loss monitoring records for each cooling water intake
				  structure as required under s. NR 111.22(2).
(c) Records of visual or remote inspections
				  as required under s. NR 111.22(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.24 - Review of design and construction technologies to minimize impingement mortality and entrainment

Current through June 24, 2024
(1) TRACK I. All of the following department
				  actions are required for track I new facilities:
(a) The department shall review the
				  information submitted under s. NR 111.41(18) to evaluate the suitability and
				  feasibility of the technology proposed to minimize impingement mortality and
				  entrainment of all life stages of fish and shellfish.
(b) In the first permit issued to a new
				  facility, the department shall include a condition requiring the facility to
				  reduce impingement mortality and entrainment commensurate with the
				  implementation of the technologies in the permit.
(c) In permit reissuances, the department
				  shall review the performance of the technologies implemented and require
				  additional or different technologies if needed to minimize impingement
				  mortality and entrainment of all life stages of fish and shellfish.
(d) The department shall consider whether
				  more stringent conditions are reasonably necessary in accordance with s. NR
				  111.21(3).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter III - New Facilities › Section NR 111.25 - Timing

Current through June 24, 2024
(1) COMPLIANCE. The owner or operator of the
				  facility shall comply with the requirements specified in s. NR 111.21 when a
				  WPDES permit containing requirements consistent with this subchapter is issued
				  to the owner or operator of the facility.
(2) PERMIT APPLICATION. The department shall
				  review materials submitted by the applicant under s. NR 111.41 at the time of
				  the initial permit application and before each permit renewal or reissuance and
				  shall take all of the following actions:
(a)
				  After receiving the initial permit application from the owner or operator of
				  the facility, the department shall determine the applicable standards specified
				  in s. NR 111.21 to apply to the new facility. In addition, the department shall
				  review materials to determine compliance with the applicable
				  standards.
(b) For each subsequent
				  permit renewal, the department shall review the application materials and
				  monitoring data to determine whether requirements, or additional requirements,
				  for design and construction technologies or operational measures shall be
				  included in the permit.
(c) For
				  track II facilities, the department may review the information collection
				  proposal plan required under s. NR 111.41(19) (b). The facility may initiate
				  sampling and data collection prior to receiving comment from the
				  department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter IV - New Units at Existing Facilities › Section NR 111.30 - Requirement to comply with BTA standards

Current through June 24, 2024
(1) The owner or
				  operator of a new unit at an existing facility that meets the applicability
				  criteria specified in s. NR 111.02 shall, at a minimum, comply with all of the
				  following requirements:
(a) Upon commencement
				  of the new unit's operation, comply with the BTA standards for impingement
				  mortality and entrainment under s. NR 111.31 for all cooling water intake flows
				  used by the new unit. The remainder of the existing facility is subject to the
				  impingement mortality standard under s. NR 111.12 and the entrainment standard
				  under s. NR 111.13. The entire existing facility, including any new units, is
				  subject to any measures to protect threatened and endangered species and
				  federally designated critical habitat established under s. NR 111.16.
(b) Submit and retain the information
				  required under s. NR 111.40(3) for the new unit to the department no later than
				  180 days before the planned commencement of cooling water withdrawals for the
				  operation of the new unit. If the owner or operator of the facility has already
				  submitted the required information in a previous permit application, the owner
				  or operator of the facility may choose to submit an update to the required
				  information.
(c) Conduct compliance
				  monitoring as specified in s. NR 111.32.
(d) Report information and data and keep
				  records as specified in s. NR 111.15.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter IV - New Units at Existing Facilities › Section NR 111.31 - BTA standards

Current through June 24, 2024
(1) GENERALLY. Subject to sub. (3) and except
				  as provided in sub. (4), the owner or operator of a new unit at an existing
				  facility shall achieve the impingement mortality and entrainment standards
				  provided in either sub. (2) (a) or (b) for each cooling water intake structure
				  used to provide cooling water to the new unit.
(2) COMPLIANCE OPTIONS. The owner or operator
				  of the facility shall, except as provided in sub. (4) and subject to sub. (3),
				  comply with one of the following:
(a)
Option I.
The owner or operator of the facility shall reduce
				  the design intake flow for the new unit, at a minimum, to a level commensurate
				  with that which can be attained by the use of a closed-cycle recirculating
				  system for the same level of cooling for the new unit.
(b)
Option II.
The owner or
				  operator of the facility shall demonstrate to the department that the
				  technologies and operational measures employed will reduce the level of adverse
				  environmental impact from any cooling water intake structure used to supply
				  cooling water to the new unit to a comparable level to that which would be
				  achieved under par. (a). The demonstration shall include showing that the
				  entrainment reduction is equivalent to 90 percent or greater of the reduction
				  that could be achieved through compliance with par. (a). In addition, the
				  demonstration shall include showing that the impacts to fish and shellfish,
				  including important forage and predator species, within the watershed will be
				  comparable to those that would result under the requirements specified in par.
				  (a).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter V - Application Procedures › Section NR 111.40 - Application requirements

Current through June 24, 2024
(1) NEW FACILITIES
				  WITH NEW OR MODIFIED COOLING WATER INTAKE STRUCTURES. A new facility with a
				  cooling water intake structure shall submit all of the following information to
				  the department for review:
(a) The
				  information required under s. NR 111.41(1), (2), (3) (a) to (c) 1., and
				  (17).
(b) A statement that the
				  facility intends to comply with one of the following:
1. The track I requirements for new
				  facilities specified in s. NR 111.21(2) (a).
2. The track II requirements for new
				  facilities specified in s. NR 111.21(2) (b).
(c) Facilities choosing to comply with the
				  track I requirements specified in s. NR 111.21(2) (a) shall also submit the
				  information required under s. NR 111.41(15), (16), and (18).
(d) Facilities choosing to comply with the
				  track II requirements specified in s. NR 111.21(2) (b) shall also submit the
				  information required under NR 111.41(19).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter V - Application Procedures › Section NR 111.41 - Application materials

Current through June 24, 2024
(1) SOURCE WATER PHYSICAL DATA. As part of
				  the source water physical data, the applicant shall submit information
				  including all of the following:
(a) A
				  narrative description and scaled drawings showing the physical configuration of
				  all source waterbodies used by the facility, including areal dimensions,
				  depths, salinity and temperature regimes, and other documentation that supports
				  the facility's determination of the waterbody type where each cooling water
				  intake structure is located.
(b)
				  Identification and characterization of the source waterbody's hydrological and
				  geomorphological features, as well as the methods used to conduct any physical
				  studies to determine the intake's area of influence within the waterbody and
				  the results of such studies.
(c)
				  Locational maps.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 111 - Cooling Water Intake Structures › Subchapter V - Application Procedures › Section NR 111.42 - General application process provisions

Current through June 24, 2024
(1) SUBSEQUENT
				  APPLICATIONS.
(a)
Reduced
				  information.
1. An owner or operator
				  of the facility may request to reduce the information required to be submitted
				  under s. NR 111.40 if the criteria in subd. 2.
a. or
b. are satisfied. In order to request a
				  waiver of required application materials, the owner or operator of the facility
				  shall submit a request to the department at least 2 years and 6 months prior to
				  the expiration of its WPDES permit. The owner or operator of the facility's
				  request shall identify each application material that it determines has not
				  substantially changed since the previous permit application and the basis for
				  the determination. The department has the discretion to accept or reject any
				  part of the request.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.01 - Purpose

Current through June 24, 2024
The purposes of this chapter are to establish standards for
				  the servicing of private sewage systems including septic and holding tanks,
				  dosing chambers, grease interceptors, seepage beds, seepage pits, seepage
				  trenches, distribution cells, privies, and portable restrooms; to provide for
				  the use and disposal of wastewaters from these sources while protecting public
				  health from unsanitary and unhealthful practices and conditions; and to protect
				  surface waters and groundwaters of the state from contamination by septage. The
				  beneficial use of septage and its recycling to the land as a fertilizer or soil
				  conditioner is encouraged.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.02 - Applicability

Current through June 24, 2024
This chapter applies to licensed haulers, certified
				  operators, owners, and any person servicing private sewerage systems including
				  septic and holding tanks, dosing chambers, grease interceptors, seepage beds,
				  seepage pits, seepage trenches, distribution cells, privies, and portable
				  restrooms. The following services are exempt from these rules:
(1) The transport of industrial wastes which
				are regulated under ch. NR 214.
(2)
				The transport of animal excrement and associated bedding.
(3) The use or disposal of hazardous waste
				which is regulated under chs.
				NR
				660 to 670.
(4) The use or disposal of solid waste which
				is regulated under chs.
				NR 500 to 538.
(5) The use or disposal of POTW sludge which
				is regulated under ch. NR 204.
(6)
				The use or disposal of septage that has been treated by facilities which are
				operated under a Wisconsin pollutant discharge elimination system (WPDES)
				discharge permit, including centralized septage treatment facilities, which are
				regulated under ch. NR 204.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.03 - Definitions

Current through June 24, 2024
In addition to the definitions and abbreviations in s.
				  281.48,
				  Stats., the following definitions apply to terms used in this chapter:
(1) "Agricultural land" means land on which a
				food crop, a feed crop, or fiber crop will be grown within 12 months after
				septage is applied to the land. This includes range land and land used as
				pasture.
(2) "Agronomic rate" means
				the total septage application rate (dry weight basis) designed to provide the
				amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop,
				or other vegetation grown on the land and designed to minimize the amount of
				nitrogen in the septage that passes below the root zone of the crop or
				vegetation grown on the land to the ground water.
(3) "Application rate" means the hydraulic
				loading limits placed on a landspreading site or field normally expressed as
				gallons/acre/week.
(4) "Approved
				site" means property approved by the department or its agent for the disposal,
				recycling or storage of septage.
(5) "Available nitrogen" means the nitrogen
				present in the septage in the NH 3-N form and the nitrogen that is mineralized
				from the organic nitrogen in the septage, both of which can then be absorbed
				and assimilated by growing plants in the cropping year.
(6) "Available water capacity" means the
				amount of water which is readily held by the soil and available for plant
				uptake. Available water holding capacity shall be calculated using the
				following table or other method acceptable to the department:
Textural Classification System
Factor for Use in Calculation of Available
								Water Capacity
USDA
(inch/inch)
Sand
0.02
Loamy Sand
Sandy Loam
0.10
Loam
0.20
Silt Loam
0.22
Silt
Sandy Clay Loam
0.19
Clay Loam
Silty Clay Loam
Sandy Clay
0.17
Silty Clay
Clay
Note:
The following method can be used to show
				  that the soil meets the 5 inches of available water capacity
				  requirement:
Multiply the number of inches of each soil texture in the
				  soil profile (above groundwater and bedrock) by the appropriate factor given
				  above.
Example:
10 inches of sandy loam
10 X .1
= 1
20 inches of loam
20 X .2
= 4
10 inches of silt loam
10 X .22
= 2.2
Calculated available water table
7.2
(7)
				"Bedrock" means the rock that is exposed at the earth's surface or underlies
				soil material and includes any of the following:
(a) Weathered in-place consolidated material,
				larger than 2 mm in size and greater than 50 percent by volume.
(b) Weakly consolidated sandstone at the
				point of increased resistance to penetration of a knife blade.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.04 - General requirements

Current through June 24, 2024
(1) LICENSE REQUIREMENTS. No business, unless
				exempted by statute, may engage in servicing unless the vehicle and equipment
				used have been initially inspected by the department and issued a license
				indicating conformity with all requirements of this chapter. A business license
				fee is based on the number of vehicles used by the business. A business shall
				adhere to all of the following:
(a) A valid
				business license is required for a business to continue septage servicing
				operations.
(b) For a business to
				continue servicing, the designated operator-in-charge shall possess a valid
				master operator certification otherwise the business shall designate a
				replacement operator-in-charge with a valid master operator
				certification.
(c) A vehicle used
				by different businesses, under a single owner or separate owners, shall be
				registered under each business license and each business license number shall
				be displayed on the vehicle.
(d) A
				business license is not transferable between businesses. A business license may
				remain with a business or business entity when the business or business entity
				transfers ownership. If only assets of the business entity are transferred, a
				new business license is required.
(e) Each business shall have a unique
				business license issued under s.
				NR
				113.05 for any service shop that is more than 25 miles
				from another service shop owned by that business.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.05 - Licensing

Current through June 24, 2024
(1) INITIAL LICENSURE; APPLICANT
				REQUIREMENTS. Applicants for licensure shall meet all of the following
				requirements:
(a) Every business, before
				engaging in servicing in this state, shall submit an application on forms
				prepared by the department. The application shall clearly denote the owner and
				legal entity applying for the business license. The application shall designate
				an operator-in-charge for the business in accordance with ch. NR 114 and that
				operator-in-charge shall possess a valid master operator certification for the
				duration of the business license period. License fees under par. (b) shall
				accompany each application.
Note:
Application forms are available at
				  department offices.
(b) All
				licenses issued under this section for a period beginning before July 1, 1997,
				are issued on an annual basis and shall expire June 30 each year. All licenses
				issued under this section for a period beginning after June 30, 1997, are
				issued on a biennial basis and shall expire June 30 in every odd-numbered year.
				For a license to a state resident, for each vehicle used for servicing, the fee
				is $25 if the license period begins before July 1, 1997, and $50 if the license
				period begins after June 30, 1997. For a license to a nonresident, for each
				vehicle used for servicing, the fee is $50 if the license period begins before
				July 1, 1997, and $100 if the license period begins after June 30, 1997. In
				addition to the initial license fee, a groundwater fee of $50 for each business
				for a period beginning before July 1, 1997, or $100 for a period beginning
				after June 30, 1997, shall be submitted for credit to the groundwater fund. The
				fee schedule is as follows:
(c)
1. The department shall request a
				non-delinquency certificate from the departments of children and families,
				revenue, and workforce development under ss.
				49.857,
				73.0301,
				and
				108.227,
				Stats., prior to issuing a license, renewing a license, or allowing a business
				to designate a master operator as the operator-in-charge.
2. If the department receives notice that a
				non-delinquency certificate cannot be issued from the department of children
				and families, the department of revenue, or the department of workforce
				development, the application shall be denied.
TABLE 1
COMMERCIAL HAULER FEE SCHEDULE SUMMARY
Initial Licensing
NR 113.05(1)
Renewal of Licensing
NR 113.05(3)
1.
Business Fee Resident
Before July 1997
$25/vehicle
$25/vehicle
After June 1997
$50/vehicle
$50/vehicle
Nonresident
Before July 1997
$50/vehicle
$50/vehicle
After June 1997
$100/vehicle
$100/vehicle
2.
Groundwater Fee
Before July 1997
$50/business
$50/business
After June 1997
$100/business
$100/business
3.
Late Filing Fee
N/A
$25
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.07 - Disposal of septage

Current through June 24, 2024
Every business engaged in servicing or authorizing servicing
				  shall comply with all of the following requirements for disposal of
				  septage:
(1) DISPOSAL.
(a) Disposal of septage shall be by discharge
				into a POTW or other facility for treatment or storage under a WPDES permit or
				to approved agricultural land, subject to all of the following:
1. Septage disposal at WPDES permitted
				facilities shall comply with the WPDES permit requirements for that facility.
				An allowable WPDES permitted facility is one that meets requirements under ch.
				NR 204 for septage treatment which may be defined as a centralized septage
				treatment facility.
2. Septage from
				systems that have contracted for reserved capacity at a POTW shall be taken to
				that specific POTW.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.08 - Site and soil evaluations

Current through June 24, 2024
(1) GENERAL.
(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.
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.
(b) Morphological soil evaluations shall be
				conducted by a soil scientist under s.
				NR
				113.03(64m), subject to all of the
				following requirements:
1. Morphological soil
				evaluations are required for any of the following:
a. High use fields.
b. Low use fields when detailed soil
				conservation or survey maps are not available.
c. When there are conflicting results of soil
				conservation or soil maps.
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.
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.09 - Application rates

Current through June 24, 2024
(1) GENERAL.
(a) Land application to a site may not exceed
				the maximum hydraulic loading rates specified in Table 4 or nitrogen needs of
				the crop.
(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).
(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).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 113 - Servicing Septic Or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, Or Portable Restrooms › Section NR 113.10 - County regulation

Current through June 24, 2024
(1) A county may request the authority from
				the department to regulate land disposal of septage under this
				chapter.
(2) A county request shall
				include all of the following:
(a) A complete
				description of the proposed county-wide program.
(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.
(c) Plans for personnel, budget, equipment,
				records system, and forms.
(d)
				Authority and capability to regulate and enforce the proposed regulatory
				program.
(e) A description of the
				mechanism for generating money to finance the regulatory program.
(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.
(g) Enforcement mechanisms
				with penalties identical to those in s.
				281.98,
				Stats.