Section NR 200.03 - Applicability and exclusions(1) An application for a discharge permit shall be filed by any person who discharges or proposes to discharge any pollutant from a point source to the waters of the state, or who land applies or disposes of sludge as specified in ch. NR 204, unless the discharge is excluded under sub. (3). Discharges for which applications are required include, but are not limited to:(a) Discharge of any pollutant to any surface water;(b) Discharge of any pollutant including cooling waters to any surface water through any storm sewer not discharging to a publicly owned treatment works;(c) Discharge of pollutants for the purpose of disposal, treatment, land application of sludge or containment on land areas including land disposal systems such as, but not limited to, ridge and furrow, land spreading, spray irrigation, and absorption pond systems; (d) Discharge of pollutants to waters of the state from agriculture as specified in ch. NR 243; (2) Where the discharge of pollutants as set forth in sub. (1) is by hauling, the applications shall be filed by the persons responsible for the origin or treatment of the pollutants. If a person hauling sludge changes the characteristics of the sludge such that they become a generator under ch. NR 204, then that person shall apply for a permit. (3) The following discharges are exempt from the requirement of sub. (1): (a) Discharges to publicly owned treatment works;(b) Sewage discharged from vessels;(c) Discharges from properly functioning marine engines;(d) Discharges of domestic sewage to disposal systems, such as to septic tanks and drain fields, defined as private sewage systems in s. 145.01(12), Stats., with a design capacity of 12,000 gallons per day or less;(e) The disposal of septic tank pumpage and other domestic waste to the extent that it is regulated by ch. NR 113. This does not exempt centralized septage treatment facilities which are required to obtain a permit under ch. NR 204 or where storm water permit coverage is required under ch. NR 216.(f) The disposal of solid wastes, including wet or semi-liquid wastes, at a site or operation licensed pursuant to chs. NR 500 to 538, except as required for municipal sludge in ch. NR 204 or where storm water permit coverage is required under ch. NR 216. (g) Discharges from private alcohol fuel production systems as exempted in s. 283.61, Stats.; Note: This note clarifies that the statutory exemption that is referenced in s. NR 200.03(3)(g) does not apply if there is a discharge from a private alcohol fuel production system that would require NPDES permit coverage under the Clean Water Act and federal regulations. Under federal regulations and the CWA, NPDES permit coverage is required for any point source discharge of a pollutant that reaches waters of the United States. For the private alcohol fuel production system exemption in Wis. Stat. s. 283.61(2) to apply, the discharge of pollutants or disposal must be "confined to the property of the person" and therefore there would be no discharge of pollutants to waters of the United States that would require NPDES permit coverage under federal law.
(h) Discharges which have been included under the provisions of a general permit to the extent that all conditions of the general permit are met.(i) Discharges of storm water permitted under ch. NR 216. (4) For the purpose of calculating the design capacity in sub. (3) (d), one of the following methods shall be used: (a) Residential design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving residential dwellings shall be deemed equivalent to 85 bedrooms. Residential dwellings include one- and 2-family dwellings, multi-family dwellings and mobile homes. (b) Commercial design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving commercial facilities shall be calculated on a case-by-case basis depending on the type and size of commercial establishment.(c) Combined dwellings design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving dwellings with combined residential and commercial uses shall be calculated by prorating the number of bedrooms on the basis of 85 bedrooms equaling 12,000 gallons per day for the residential dwellings and the estimated commercial wastewater flow calculated on a case-by-case basis depending on the type and size of commercial establishment to be served.(5) When calculating design capacity under sub. (4), if one private sewage system is located near another private sewage system, the design capacities of each of the systems shall be added together if the perimeter of the distribution cell of one system is less than 1,500 feet from the perimeter of a distribution cell of another system and the systems are under the same ownership. In this paragraph, a distribution cell is the dimensional zone that is part of a private sewage system's treatment or dispersal component where wastewater is disseminated into in situ soil or engineered soil. In this subsection, ownership means a person, group of persons, a partnership or corporation.Wis. Admin. Code Department of Natural Resources NR 200.03
Cr. Register, May, 1985, No. 353, eff. 6-1-85; r. and recr. (3) (d), Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (intro.), (c), (2), (3) (e) and (f), Register, December, 1995, No. 480, eff. 1-1-96; correction in (3) (g) made under s. 13.93(2m) (b) 7, Stats., Register, November, 1996, No. 491; am. (1) (a) and (3) (f), cr. (3) (i), Register, November, 1999, No. 527, eff. 12-1-99; am. (3) (d), cr. (4) and (5), Register, January, 2000, No. 529, eff. 2-1-00; correction in (3) (f) made under s. 13.92(4) (b) 7, Stats., Register February 2010 No. 650; CR 09-123: am. (1) (intro.) Register July 2010 No. 655, eff. 8-1-10.Amended by, correction in (3) (g) (Note) made under s. 35.17(2), Stats., Register November 2017 No. 743, eff. 12/1/2017Any ambiguity regarding whether a system is under the same ownership shall be resolved by the department and the department of safety and professional services on a case-by-case basis.