Farmer Non-Commercial Septage Operator Certification

How to apply for a Farmer Non-Commercial Septage Operator Certification

As you may be aware, 2005 Wisconsin Act 347 was signed into law and became effective on April 29, 2006. One feature of the Act was the elimination of the exemption which had allowed farmers to land apply their own holding tank waste. This had been allowed for farmers generating their own waste who had at least 40 acres of land in active agricultural production and sufficient means to satisfy the requirements of ch. NR 113, Wis. Adm. Code.[PDF exit DNR] The intent of the Act was to eliminate misuse of the exemption which was done primarily by non-farmers who were not actually eligible for the exemption; it was not the intent to penalize true farmers operating in compliance with the terms of the exemption. The Department is not opposed to allowing true farmers capable of land applying their waste in an environmentally sound manner. True farmers meeting the requirements outlined below qualify for the farmer “non-commercial” septage operator certificate. Fees, certification exams, and other requirements are waived. This letter is intended to explain the process and outline what qualifies you for this certification.

At a minimum you must meet the following:

1. The holding tank must be located on the same parcel of land where the septage will be land applied. Parcel of land means that it is contiguous, although it can be divided by a road or railroad track, and under the same ownership interest.
2. You must own or lease at least a 40 acre contiguous parcel of land which is in use for agricultural purposes.
3. Sufficient land must be included in the 40 acre parcel which meets the department requirements (see below) for land application and which can adequately receive the projected volume of wastewater.
4. You must comply with all applicable statutes and rules in removing and land applying the wastewater.
5. Keep records of when you pump, how much is pumped, where it is applied, and how it is applied.
6. You must report to the County such information as required by the Department of Commerce and applicable County regulations.

Minimum land application and other requirements which you will need to satisfy include the following site restrictions (please see Chapter NR 113, Wis. Adm. Code for more detail as this is not an exhaustive list):

• At least 3 feet of depth to groundwater or bedrock
• Soil permeability of no greater than 6 inches per hour in the top three feet of soil
• At least 250 feet of separation to a private well and 1000 feet to a public well
• At least 250 feet of separation to a home or business with approval (500 feet without approval) Note this distance may be reduced further if the septage is injected or incorporated
• At least 1000 feet from a rural school or health care facility
• Slope must be less than 6% if surface applied or 12% if injected or incorporated (less than 2% if frozen or snow covered)
• At least 200 feet from any surface water, including wetlands or sinkholes (may be reduced if injected or incorporated) – 750 feet if frozen or snow covered
• No more than 3,000 gallons per week may be applied to the same parcel of land (no more than 10,000 total gallons per acre on frozen or snow covered ground)
• You must report each pumping event to your County according to their requirements
• The holding tank waste must either be injected, incorporated (disced or plowed under within 6 hours), or hydrated lime must be added to it to raise the pH to 12 and held there for 30 minutes
• There is a 30 day restriction for animal grazing or public access to the field
• You must have a watertight implement which can pump your tank and land apply it in a uniform pattern. You should not need to drive on a public roadway other than to cross one, in order to access your field

The above requirements are to protect the public health and environment and include federal as well as state regulations.

To apply for this certification, complete and submit form 3400-194 Farmer Non-Commercial Septage Operator Certification Application along with a plat map, soil survey map with the soil type shown, and an aerial photo (available from your County Zoning Office.[exit DNR] Outline the field to which you will apply the waste clearly marking the area which meets the above requirements. Note on the aerial photo the location of any homes or drinking wells and the location of the holding tank.

For more information or questions on the farmer non-commercial septage operator certification program, please contact:

Kelly Thompson
(608) 266-8948