Section 113.07. Disposal of domestic septage.

  Every business engaged in servicing or authorizing servicing shall comply with 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 lands. Septage from systems that have contracted for reserved capacity at a POTW shall be taken to that specific POTW.

(b) The following restrictions apply to the land application of wastes from septic systems on frozen or snow covered ground:

1. Land application of waste removed from septic systems due to emergencies, including but not limited to situations such as freeze-ups, is allowed if no other reasonable disposal methods are available. Reasonable disposal options include but are not limited to, hauling the waste to a nearby treatment plant which will accept the septage in accordance with sub. (2) . Land appliers shall obtain special written approval in advance from the department for specific sites which may be used for emergency situations. In addition, the following restrictions, at a minimum, will apply:

a. Sites or fields used shall have slopes less than or equal to 2%.

b. Waste shall be applied at a rate of less than 10,000 gallons per acre.

c. Application is not allowed within 750 feet of any surface water or wetland.

d. Application is not allowed in a floodplain.

2. Waste removed from septic systems due to a routine pumping may not be land applied during months when the ground is frozen or snow covered. Waste removed in these pumping situations shall be taken to a POTW.

3. Except as provided in par. (f) , waste removed from septic tanks which are regularly pumped more frequently than once every 6 months may be land applied during the months when the ground is frozen or snow covered. The restrictions in par. (c) apply to the land applications of this waste.

(c) Except as provided in par. (f) , holding tank waste may be land applied during months when the ground is frozen or snow covered, on approved sites. The following restrictions, at a minimum, apply:

1. Sites or fields used shall have slopes less than or equal to 6%. If slopes are greater than 2% but less than or equal to 6%, a site management plan is required.

2. Waste shall be applied at a rate of less than 10,000 gallons per acre.

3. Application is not allowed within 750 feet of any surface water or wetland.

4. Application is not allowed in a floodplain.

(d) Any land application of holding tank waste or septic tank waste on frozen or snow covered ground is also subject to restrictions in sub. (3) . Injection or incorporation may be utilized while the depth of frost is less than 4 inches.

(e) Large commercial, industrial, recreational or residential development holding tank systems that singly or when added together or increased by successive additions generate 3000 gallons of septage per day or greater shall contract with a wastewater treatment facility for treatment of the septage. The contract terms shall provide assurance that the septage from the system will continually be conveyed to, and accepted, at the wastewater treatment facility. If a service area designation exists, the wastewater treatment facility shall amend the service area to include the commercial, industrial, recreational or residential development. The department may not indicate sufficient disposal capacity to the department of safety and professional services, until the service area adjustments have been completed and approved.

(f) Disposal of wastewater from small holding tank and septic tank systems that generate less than 3000 gallons of septage per day shall be by discharge into a POTW if the following conditions apply:

1. The holding tank is located in the POTW's sewer service or holding tank service areas.

2. The septic tank is located in the POTW's sewer service area.

3. The holding tank is located outside the POTW's sewer service and holding tank service areas if the POTW will accept the wastewater and if the cost to the hauler is less than or equal to the costs in Table 2.

4. The holding tank or septic tank is located outside of Wisconsin and the point at which the wastewater is conveyed into the state is within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat and dispose of the wastewater at a cost of less than or equal to the amount in Table 2. - See PDF for table

5. The holding tank is located within 20 miles (shortest direct route by road) of a POTW that is willing to accept, treat and dispose of the wastewater at a cost of less than or equal to the amount in Table 2. This provision only applies to those holding tank systems located in the following counties:

a. Brown

b. Calumet

c. Dane

d. Dodge

e. Door

f. Fond du Lac

g. Jefferson

h. Kenosha

i. Kewaunee

j. Manitowoc

k. Milwaukee

L. Outagamie

m. Ozaukee

n. Racine

o. Rock

p. Sheboygan

q. Walworth

r. Washington

s. Waukesha

t. Winnebago

(g) The requirement in par. (f) does not apply if storage has been utilized and the wastewater from small holding tank and septic tank systems will be landspread or treated and disposed of in accordance with a WPDES permit, or if the owner of the holding or septic tank is exempt from licensing under s. 281.48 , Stats.

(2)   Disposal of septage at a potw.

(a) The following shall apply to disposal of septage for the period between April 16 and November 14:

1. Licensed businesses may apply to a POTW for permission to discharge septage.

2. A POTW may deny or approve an application for disposal of septage at that facility. If approved, the POTW may set conditions for disposal.

3. The only requirements that licensed disposers discharge to POTWs or that POTWs accept and treat septage during nonwinter months are those in sub. (1) (e) and (f) .

(b) The following shall apply to disposal of septage for the period between November 15 and April 15:

1. Each year, prior to September 1, licensed disposers may apply to POTWs for permission to dispose of septage during winter.

2. Applications submitted to POTWs by licensed disposers are subject to review by POTWs pursuant to s. 281.49 , Stats.

(c) Licensed disposers shall cooperate with POTW's in the implementation of a septage acceptance priority system pursuant to s. NR 205.07 (2) (e) .

(3)   Land disposal of septage.

(a) No business may dispose of septage by a landspreading method unless the spreading is done in accordance with this chapter.

(b)

1. Septage may not be landspread on soils which have a permeability rate greater than 6 inches per hour within the top 36 inches, unless it is demonstrated that the soil has a water holding capacity of greater than 5 inches above the groundwater and bedrock. In no case may greater than the top 60 inches in a soil profile be used to determine the 5 inches of water holding capacity. Permeability shall be calculated using the following table or other method acceptable to the department: - See PDF for table

2. Septage may not be surface applied on soils that have a permeability of less than 0.2 inches per hour within the top 6 inches of soil.

3. Septage may not be landspread or discharged into or on any wetlands or in areas subject to ponding, including any ditch, dry run, pond, lake, stream, flowage, floodplain, cave, sinkhole, mine, gravel pit or quarry.

4. Septage may not be landspread on any land without the owner's permission.

5. Septage shall be landspread in a manner to prevent surface runoff. Septage may not be landspread on saturated soils during rainfall events or in areas of ponded water. All landspreading fields shall be left in a litter free condition.

6. Landspreading vehicles shall be moving forward at all times while septage is being spread. Ponding of septage is prohibited.

7. Septage may not be landspread on fields that are receiving or have received POTW sludges in the last crop year.

8. Septage that is land applied based on the agronomic crop requirements may not be applied more than 10 months prior to the planting of the crop.

9. A minimum 2-foot wide grass strip shall be maintained at the property line down slope from all land application sites.

10. Fields that are discontinued for more than one year of crop production shall be revegetated with grass or other appropriate cover.

11. Each business proposing to use a high use field shall establish the nitrogen need of the crop to be grown as determined by the analysis of soil samples. The nitrogen recommendations shall be based on sampling done in accordance with the University of Wisconsin - extension bulletin A-2100, dated April 1991 ("soil information sheet"), or soil sampling guidance approved by the department.

12. Any person who land applies septage shall comply with the minimum separation distances and maximum slope requirements in Table 3. - See PDF for table

13. Septage may not be landspread where it is likely to adversely affect a threatened or endangered species or its designated critical habitat or a historical site.

(c)

1. Septage may be landspread seasonally on or into soils with a seasonal high groundwater level at a depth greater than one foot but less than 3 feet from the surface if the landspreading is limited to times when the soil is not saturated within 3 feet of the surface.

2. Septage may be surface applied to hay fields after the hay has been harvested but not after the new growth of hay has reached a height of 6 inches.

3. All sites that are approved by the department or by a county and meet 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 date of the last department or county site approval.

4. Site management plans may not allow surface spreading of septage on disposal sites with a slope greater than 6%.

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.

(d)

1. Pathogens shall be reduced by one of the following methods:

a. The site restrictions in subd. 2. shall be met when septage is applied to agricultural land, forest or a reclamation site; or

b. The pH of septage applied to agricultural land, forest or a reclamation site shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes and the site restrictions in subd. 2. a. to d. shall be met. When this option is utilized, each container of septage which is applied shall be monitored for compliance.

2. Pathogen reduction is achieved by the following site restrictions:

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.

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.

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.

d. Food crops, feed crops and fiber crops may not be harvested for 30 days after application of septage.

e. Animals may not be allowed to graze on the land for 30 days after application of septage.

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.

g. Public access to land with a high potential for public exposure shall be restricted for one year after application of septage.

h. Public access to land with a low potential for public exposure shall be restricted for 30 days after application of septage.

(e) One of the following vector attraction reduction requirements shall be met when septage is applied to agricultural land, forest or a reclamation site.

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.

2. Septage applied to the land surface shall be incorporated into the soil within 6 hours after application to or placement on the land.

3. The pH of septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes. When this option is utilized, each container of septage which is applied shall be monitored for compliance.

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 .

Note

During months when the ground is frozen or snow covered, the land application of waste from septic systems is strongly discouraged. During these months, hauling waste from septic tanks to a POTW is the preferred method of disposal. Microsoft Windows NT 6.1.7601 Service Pack 1 During months when the ground is frozen or snow covered, the land application of wastewater from holding tank systems is strongly discouraged. During these months, hauling wastewater from holding tanks to a POTW is the preferred method of disposal. Microsoft Windows NT 6.1.7601 Service Pack 1 By agreement and administrative code, the department of safety and professional services will not issue a plan approval for a 3000 gallons per day or greater holding tank system without the department's approval of the method of wastewater disposal as provided in s. SPS 383.22 (2) (b) 2. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 281.49 , Stats. requires that POTW's shall: Microsoft Windows NT 6.1.7601 Service Pack 1 1. Review septage applications and provide a written denial or approval to the licensed disposer by October 1 of each year. Microsoft Windows NT 6.1.7601 Service Pack 1 2. Develop a disposal plan for each licensed disposer approved for septage acceptance. A disposal plan, at a minimum, shall contain the following terms and conditions: Microsoft Windows NT 6.1.7601 Service Pack 1 a. Specific quantities, locations, times, and methods for discharge of septage into the sewerage system. Microsoft Windows NT 6.1.7601 Service Pack 1 b. Requirements to report the source and amount of septage placed in the sewerage system. Microsoft Windows NT 6.1.7601 Service Pack 1 c. Requirements for the licensed disposer to pay to analyze other than residential septage. Microsoft Windows NT 6.1.7601 Service Pack 1 d. Actual and equitable disposal fees based on the septage introduced into the sewerage system and calculated at the rate applied to other users of the sewerage system, and including the costs of additional facilities or personnel necessary to accept septage at the point of introduction into the sewerage system. Microsoft Windows NT 6.1.7601 Service Pack 1 e. All the terms and conditions imposed on the disposer of septage. Microsoft Windows NT 6.1.7601 Service Pack 1 f. A formal approval that the licensed disposer has permission to discharge septage to a specific POTW under specific conditions. Microsoft Windows NT 6.1.7601 Service Pack 1 3. Accept and treat septage from licensed disposers unless: Microsoft Windows NT 6.1.7601 Service Pack 1 a. Treatment of the septage would cause the POTW to exceed its operating design capacity or to violate any applicable effluent limitations or standards, water quality standards or any other legally applicable requirements, including court orders or state or federal statutes, rules, regulations or orders; or Microsoft Windows NT 6.1.7601 Service Pack 1 b. The septage is not compatible with the sewerage system; or Microsoft Windows NT 6.1.7601 Service Pack 1 c. The disposer has not applied for and received approval to dispose of septage in the sewerage system or the disposer fails to comply with the disposal plan; or Microsoft Windows NT 6.1.7601 Service Pack 1 d. The licensed disposer fails to comply with septage disposal rules promulgated by the POTW or the conditions of the disposal plan in subd. 2. Microsoft Windows NT 6.1.7601 Service Pack 1 The priority system for septage acceptance at POTW's in s. NR 205.07 (2) (e) is as follows: Microsoft Windows NT 6.1.7601 Service Pack 1 1. `First priority.' Wastes from existing or new holding and septic tanks within the POTW's sewer service area and holding tanks within the POTW's holding tank service area. Microsoft Windows NT 6.1.7601 Service Pack 1 2. `Second priority.' Wastes from existing holding tanks for residential or commercial establishments outside the POTW's sewer service area and holding tank service area but inside the POTW's planning area where the holding tank was installed to replace an inadequate private sewerage system. Microsoft Windows NT 6.1.7601 Service Pack 1 3. `Third priority.' Wastes from existing septic tanks and holding tanks that were installed not as a replacement to an inadequate sewer system for residential or commercial establishments outside the POTW's sewer service and holding tank service areas but inside the POTW's planning area. Microsoft Windows NT 6.1.7601 Service Pack 1 4. `Fourth priority.' Wastes from new or existing septic and holding tanks for residential or commercial establishments outside the POTW's planning area. Microsoft Windows NT 6.1.7601 Service Pack 1 Any business disposing of septage by a land disposal method may be subject to the provisions of ch. 160 , Stats., and ch. NR 140 , if an analysis of the groundwater beneath the disposal field indicates groundwater contamination. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of Bulletin A-2100 are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin, or may be purchased from the UW Soil and Plant Analysis Lab, 5711 Mineral Point Road, Madison, WI 53705 or the Soil and Forage Analysis Lab, 8396 Yellowstone Dr., Marshfield, WI 54449. Microsoft Windows NT 6.1.7601 Service Pack 1