Chapter NR 205

NR 205.065(9)(c) (c) All approved analytical methods for the metal inherently measure only the dissolved form of the pollutant.

NR 205.065 History History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

NR 205.066 NR 205.066 Permit Conditions.

NR 205.066(1) (1) Monitoring. The department shall determine on a case-by-case basis the monitoring frequency to be required for each effluent limitation in a permit. Monitoring shall occur at the point of discharge or at the internal waste stream if the permit limitations are imposed on the internal waste stream under s. NR 205.065 (2) unless an alternative location is established by the department in the permit.

NR 205.066(2) (2) Production limit documentation. If limits are calculated under s. NR 205.065 (4) (a) or (b) the permittee shall submit with the DMR the level of production that actually occurred during each month limits are effective.

NR 205.066(3) (3) Exceedance of production limits. The permittee shall comply with the limitations, standards, and prohibitions calculated under s. NR 205.065 (4) (b) unless the permittee has notified the department in writing of an anticipated exceedance of the estimated alternative design flow used to calculate limits, in which case the permittee may comply with an alternative design flow, not to exceed the production level specified in the notice. Written notifications must be submitted to the department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit and shall specify the anticipated level, period during which the permittee expects to operate at the alternate level, and the reasons for the anticipated production level increase. Notice of increased discharge must be submitted to the department for all exceedances not covered in previous notifications.

NR 205.066 History History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

NR 205.067 NR 205.067 Reasonable potential for water quality based effluent limitations.

NR 205.067(1) (1) General.

NR 205.067(1)(a) (a) The department shall include an effluent limitation for a pollutant in a WPDES permit when the department determines that the discharge of the pollutant causes, has the reasonable potential to cause, or contributes to an excursion above the allowable ambient concentration of a numeric water quality criterion in chs. NR 102 to 104 in the receiving water or a downstream water.

NR 205.067 Note Note: Downstream water includes downstream waterbodies in other states or tribal waters that have EPA approved standards under 40 CFR 130.

NR 205.067(1)(b) (b) Limitations shall control all pollutants or pollutant parameters, including conventional, nonconventional, and toxic pollutants, that the department determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any water quality standard in chs. NR 102 to 104, including narrative criteria for water quality.

NR 205.067(2) (2) Factors to consider. When determining under sub. (1) or (4) whether a pollutant discharged causes, has the reasonable potential to cause, or contributes to an exceedance of a numeric or narrative water quality standard, the department shall consider all of the following factors:

NR 205.067(2)(a) (a) Existing controls on the discharge.

NR 205.067(2)(b) (b) Controls on the pollutant discharged by nonpoint source pollution in the watershed.

NR 205.067(2)(c) (c) The variability of the pollutant or parameter in the effluent discharged.

NR 205.067(2)(d) (d) Sensitivity of species to toxicity testing when evaluating whole effluent toxicity as defined in s. NR 106.03 (14).

NR 205.067(2)(e) (e) Dilution of the effluent in the receiving water.

NR 205.067(3) (3) Water quality based effluent limitations. If the department determines a limitation is necessary under this section, the limitation shall:

NR 205.067(3)(a) (a) Be consistent with a total maximum daily load as defined in s. NR 217.11 (7) if a total maximum daily load has been approved by the EPA for the receiving waterbody.

NR 205.067(3)(b) (b) Ensure achievement of a level of water quality derived from, and in compliance with, the applicable water quality standard.

NR 205.067(4) (4) In absence of numeric water quality criteria.

NR 205.067(4)(a) (a) When a chemical pollutant, for which a numeric water quality criterion does not exist, is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable water quality standard, effluent limits shall be established using one or more of the following options:

NR 205.067(4)(a)1. 1. Establish effluent limits using a calculated numeric water quality criterion for the pollutant that the department demonstrates will attain and maintain applicable narrative water quality criteria and will fully protect the designated use. Such a criterion may be derived using data for a proposed criterion or other relevant information such as EPA’s Water Quality Standards Handbook, risk assessment data, exposure data, information about the pollutant from the Food and Drug Administration, and current EPA criteria documents.

NR 205.067 Note Note: EPA’s Water Quality Standards Handbook is available at the following link: https://www.epa.gov/wqs-tech/water-quality-standards-handbook.

NR 205.067(4)(a)2. 2. Establish effluent limits on a case-by-case basis, using EPA’s water quality criteria, published under 33 USC 1314(a), supplemented when necessary by other relevant information.

NR 205.067(4)(a)3. 3. Establish effluent limits on an indicator parameter for the pollutant of concern, provided that all of the following are true:

NR 205.067(4)(a)3.a. a. The permit identifies which pollutants are intended to be controlled by the use of the effluent limitation.

NR 205.067(4)(a)3.b. b. The fact sheet sets forth the basis for the limit, including a finding that compliance with the effluent limit of the indicator parameter will result in controls on the pollutant of concern that are sufficient to attain and maintain applicable water quality standards.

NR 205.067(4)(a)3.c. c. The permit requires all effluent and ambient monitoring necessary to show that, during the term of the permit, the limit on the indicator parameter continues to attain and maintain applicable water quality standards.

NR 205.067(4)(a)3.d. d. The permit contains a reopener clause allowing the department to modify or revoke and reissue the permit if the limits on the indicator parameter no longer attain and maintain applicable water quality standards.

NR 205.067(4)(b) (b) If there is reasonable potential under par. (a) to exceed a narrative criterion and if required under s. NR 106.08, a limitation for whole effluent toxicity shall be included in the permit.

NR 205.067 Note Note: Limitations and procedures for whole effluent toxicity are established in subch. II of ch. NR 106.

NR 205.067(5) (5) Limit continuation.

NR 205.067(5)(a) (a) Subject to par. (b), if a permit includes a water quality based effluent limitation for a pollutant because the limitation is required under this section or is required under the procedures in another chapter, the water quality based effluent limitation for the pollutant shall be included in a subsequently reissued permit if all of the following apply:

NR 205.067(5)(a)1. 1. Treatment or pollutant control measures were added to comply with the water quality based effluent limitation for the pollutant and the water quality based effluent limitation took effect in a prior permit.

NR 205.067(5)(a)2. 2. The facility has the ability to alter or suspend the treatment or pollutant control measures for the pollutant to the degree that there is continued reasonable potential to exceed the applicable standard.

NR 205.067(5)(b) (b) If the department determines a more stringent limitation is necessary to comply with water quality standards, a more stringent water quality based effluent limitation shall be included in the permit for the pollutant. Also, the department may include a less stringent limitation provided water quality standards, including antidegradation, as well as antibacksliding requirements in ch. NR 207 are met.

NR 205.067(6) (6) Exception. Subsections (1) to (4) do not apply to pollutants or limitations that are subject to the procedures in ch. NR 106 or 217.

NR 205.067 History History: CR 17-002: cr. Register April 2018 No. 748, eff. 5-1-18; correction in (5) (a) (intro.), (6) made under s. 35.17, Stats., Register April 2018 No. 748.

NR 205.07 NR 205.07 General conditions.

NR 205.07(1) (1) The following conditions shall be included in all WPDES permits issued by the department. Other conditions that may be included in POTW and non-POTW permits are contained in subs. (2) and (3), respectively.

NR 205.07(1)(a) (a) Duty to comply. The permittee shall comply with all conditions of the permit. Any permit noncompliance is a violation of the permit and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; or denial of a permit reissuance application. If a permittee violates any terms of the permit, the permittee is subject to the penalties established in ch. 283, Stats.

NR 205.07(1)(b) (b) Permit actions. As provided in s. 283.53, Stats., after notice and opportunity for a hearing the permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

NR 205.07(1)(c) (c) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege. The permit does not authorize any injury or damage to private property or any invasion of personal rights, or any infringement of federal, state or local laws or regulations.

NR 205.07(1)(d) (d) Inspection and entry. The permittee shall allow an authorized representative of the department, upon the presentation of credentials, to:

NR 205.07(1)(d)1. 1. Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records are required under the conditions of the permit;

NR 205.07(1)(d)2. 2. Have access to and copy, at reasonable times, any records that are required under the conditions of the permit;

NR 205.07(1)(d)3. 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under the permit; and

NR 205.07(1)(d)4. 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance, any substances or parameters at any location.

NR 205.07(1)(e) (e) Recording of results. For each effluent measurement or sample taken, the permittee shall record the following information.

NR 205.07(1)(e)1. 1. The date, exact place, method and time of sampling or measurements;

NR 205.07(1)(e)2. 2. The individual who performed the sampling or measurements;

NR 205.07(1)(e)3. 3. The date the analysis was performed;

NR 205.07(1)(e)4. 4. The individual who performed the analysis;

NR 205.07(1)(e)5. 5. The analytical techniques or methods used; and

NR 205.07(1)(e)6. 6. The results of the analysis.

NR 205.07(1)(f) (f) Records retention. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit for a period of at least 3 years from the date of the sample, measurement, report or application. All pertinent sludge information, including permit application information and other documents specified in the permit or ch. NR 204, shall be retained for a minimum of 5 years. The department may request that this period be extended by issuing a public notice to modify the permit to extend this period.

NR 205.07(1)(g) (g) Signatory requirement.

NR 205.07(1)(g)1. 1. All permit applications, reports, and other information requested by the department shall be signed by a responsible executive or municipal officer, manager, partner or proprietor as specified in s. 283.37 (3), Stats., or a duly authorized representative of the officer, manager, partner or proprietor that has been delegated signature authority pursuant to subd. 2. All applications and reports submitted to the department shall include the certification statement specified in subd. 3.

NR 205.07 Note Note: Section 283.37 (3), Stats. states that an application form shall be signed by:

NR 205.07 Note (a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the principal executive officer’s authorized representative responsible for the overall operation of the point source for which a permit is sought.

NR 205.07 Note (aL) In the case of a limited liability company, by a member or manager.

NR 205.07 Note (b) In the case of a partnership, by a general partner.

NR 205.07 Note (c) In the case of a sole proprietorship, by the proprietor.

NR 205.07 Note (d) In the case of publicly owned treatment works or a municipal separate storm sewer system by a principal executive officer, ranking elected official, or other duly authorized employee.

NR 205.07 Note Note: Examples of permit documents that must be signed and certified by an officer, manager, partner or proprietor or their authorized representative include: permit applications under s. NR 200.07, variance applications under s. NR 200.23, submittals for other permit actions under s. NR 203.135, discharge monitoring reports under s. NR 205.07 (1) (r) 1., and compliance maintenance annual reports under s. NR 208.04. In addition, any other department forms with a signature block for the authorized representative shall comply with these signatory requirements.

NR 205.07(1)(g)2. 2. An officer, manager, partner or proprietor in subd. 1. may only delegate signature authority to a duly authorized representative if that person has responsibility for the overall operation of the facility or activity regulated by the WPDES permit. To delegate signature authority, the officer, manager, partner, or proprietor shall:

NR 205.07(1)(g)2.a. a. Provide written permission to a duly authorized representative to submit specific documents on behalf of the officer, manager, partner, or proprietor for the permitted facility.

NR 205.07(1)(g)2.b. b. The delegated authorization shall specify either a named individual or an employment position that has the signature authority and responsibility.

NR 205.07(1)(g)2.c. c. The written permission must be submitted to the department prior to or together with the submittal of any required document. If there are any changes to this permission, a new written permission shall be submitted to the department.

NR 205.07(1)(g)3. 3. Any person under subd. 1. or 2. signing a permit application, report or other form as required by the department shall provide the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

NR 205.07(1)(g)4. 4. Upon written request to the department and subject to the department’s approval, a permittee may submit information by electronic media or electronic transmission provided the officer or authorized representative signs and submits a certification statement in accordance with subd. 3.

NR 205.07(1)(h) (h) Compliance schedules. Reports of compliance or noncompliance with interim and final requirements contained in any compliance schedule of the permit shall be submitted in writing within 14 days after the schedule date, except that progress reports shall be submitted in writing on or before each schedule date for each report. Any report of noncompliance shall include the cause of noncompliance, a description of remedial actions taken and an estimate of the effect of the noncompliance on the permittee’s ability to meet the remaining schedule dates.

NR 205.07(1)(i) (i) Transfers. A permit is not transferable to any person except after notice to the department. In the event of a transfer of control of a permitted facility, the prospective owner or operator shall file a new permit application and shall file a stipulation of permit acceptance with the department WPDES permit section. The department may require modification or revocation and reissuance of the permit to change the name of the permittee and to reflect the requirements of ch. 283, Stats.

NR 205.07(1)(j) (j) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the permittee to achieve compliance with the conditions of the permit. The wastewater treatment facility shall be under the direct supervision of a state certified operator as required in s. NR 108.06 (2). Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training as required in ch. NR 114 and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

NR 205.07(1)(k) (k) Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent the likelihood of any adverse impacts to public health, the waters of the state, or the environment resulting from noncompliance with the permit.

NR 205.07(1)(L) (L) Duty to provide information. The permittee shall furnish the department, within a reasonable time, any information which the department may request to determine whether cause exists for modifying, terminating, suspending, revoking or reissuing the permit or to determine compliance with the permit. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall also furnish the department, upon request, copies of records required to be kept by the permittee.

NR 205.07(1)(m) (m) Duty to comply with new federal sludge standards. The permittee shall comply with any new federal standards or prohibitions for sludge use or disposal established under section 405 (d) of the clean water act within the time provided in the federal regulations that establishes the standards even if the permit has not yet been modified to incorporate the new standards.

NR 205.07(1)(n) (n) Duty to reapply. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee shall apply electronically, using the department’s web-based application system, for a new permit.

NR 205.07 Note Note: The department’s web-based application system can be accessed at: http://dnr.wi.gov/topic/switchboard/index.html.

NR 205.07(1)(o) (o) Need to halt or reduce activity not a defense. It is not a defense for a permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

NR 205.07(1)(p) (p) Sampling procedures. Samples and measurements taken for the purpose of monitoring shall be representative of the volume and nature of the monitored discharge and shall be taken at points specified in the permit using sample types specified in the permit and the following procedures:

NR 205.07(1)(p)1. 1. For effluent flow measurement and sample collection — ch. NR 218.

NR 205.07(1)(p)2. 2. For groundwater sample collection and analysis — ch. NR 214.

NR 205.07(1)(p)3. 3. Monitoring shall be conducted according to test procedures specified in ch. NR 219. For sludge use or disposal, monitoring shall be conducted as specified in ch. NR 204. Additional test procedures may be specified in the permit on a case-by-case basis.

NR 205.07(1)(q) (q) Reporting requirements. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

NR 205.07(1)(q)1. 1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source.

NR 205.07(1)(q)2. 2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification requirement applies to pollutants which are not subject to effluent limitations in the existing permit.