Section 213.02. Applicability.

 

(1)   Structures regulated. This chapter is applicable to all lagoons, tanks, stacking structures, and other storage or treatment structures that receive industrial, commercial or agricultural wastewaters, associated sludges from industrial, commercial or agricultural sources, by-product solids and any resulting leachates. The performance criteria of this chapter may also be applicable to facilities that store other materials such as coal and road salt and the resulting runoff or leachate.

(2)   Structures excluded. This chapter is not applicable to:

(a) Land disposal systems, such as absorption ponds, which are regulated under ch. NR 214 or ch. 283 , Stats.

(b) Lagoons licensed under ch. NR 132 , 182 , 500 , 502 , 504 , or 660 , or approved under subch. III of ch. 295 , Stats.

(c) Lagoons used solely for research purposes under the direction of a Wisconsin registered professional engineer, soil scientist, geologist or a scientist employed by a university located within this state, if approved by the department and provided the following requirements are met.

1. The size of the lagoon does not exceed one acre.

2. The lagoon is developed, operated and maintained in a safe nuisance-free manner so that no pollutants enter waters of the state.

3. Copies of the research proposal are submitted to the department prior to initiating construction and any resulting reports or publications on the research are provided to the department.

(d) Lagoons and storage structures designed, constructed and used solely for the storage of animal wastes.

(e) Sweet corn silage stacks which are utilized for direct feeding of livestock, have less than 150 tons on a site at any one time and are located such that surface water or groundwater pollution do not occur.

(f) All existing above ground and in-ground storage structures constructed of concrete, glass reinforced plastic or steel which are watertight and are used for the treatment or storage of wastewater.

History: Cr. Register, July, 1984, No. 343 , eff. 8-1-84; r. and recr. Register, June, 1990, No. 414 , eff. 7-1-90; CR 13-057 : am. (2) (b) Register July 2015 No. 715 , eff. 8-1-15.