Chapter NR 208
COMPLIANCE MAINTENANCE
NR 208.04 Compliance maintenance annual report. NR 208.05 CMAR point and grading system. NR 208.06 CMAR review and responses. Ch. NR 208 NoteNote: Chapter NR 208 as it existed on December 31, 2004, was repealed and new chapter NR 208 was created effective January 1, 2005.
NR 208.01NR 208.01 Purpose. This chapter implements ch. 283, Stats., encourages and, where necessary, requires owners of publicly and privately owned domestic wastewater treatment works to take necessary actions to avoid water quality degradation, and prevent violations of WPDES permit effluent limits and conditions. This chapter promotes an owner’s awareness and responsibility for wastewater conveyance and treatment needs; maximizes the useful life and performance of treatment works through improved operation and maintenance; and initiates formal planning, design and construction to prevent WPDES permit violations. NR 208.01 HistoryHistory: CR 04-022: cr. Register November 2004 No. 587, eff. 1-1-05. NR 208.02NR 208.02 Applicability. This chapter applies on January 1, 2005, to owners of publicly and privately owned domestic wastewater treatment works when required in the owner’s WPDES permit, except for sanitary sewer collection systems subject to a WPDES permit. This chapter applies on January 1, 2006, to owners of sanitary sewer collection systems covered by a WPDES permit. NR 208.02 HistoryHistory: CR 04-022: cr. Register November 2004 No. 587, eff. 1-1-05. NR 208.03NR 208.03 Definitions. In addition to the definitions and abbreviations in chs. NR 110, 114, 140, 162, 204, 205, 206, 210, 214 and chs. 160 and 283, Stats., the following definitions apply to terms in this chapter: NR 208.03(1)(1) “Action response plan” means the proposed corrective actions that will be undertaken by the treatment works owner to address low CMAR section grades or a low grade point average. NR 208.03 NoteNote: Section NR 210.03 (3d) reads: “CMOM” means a capacity, management, operation and maintenance program under s. NR 210.23. NR 208.03(2)(2) “Compliance maintenance annual report” or “CMAR” means a report that the owner of a treatment works submits to the department to describe the wastewater management activities, physical conditions and the performance of the owner’s treatment works during the previous calendar year. NR 208.03(3)(3) “eCMAR” means the department‘s CMAR form that is available through an Internet website or other electronic means. NR 208.03(4)(4) “Facilities plan” means a report that the owner of a treatment works submits to the department that consists of those necessary plans and studies directly relating to the construction of proposed sewage treatment facilities or additions to existing sewage treatment facilities where additional treatment capacity is proposed. NR 208.03(5)(5) “Grade point average” or “GPA” means an overall treatment plant rating based upon CMAR section weighting factors of 1-10, letter grades and grade points. NR 208.03(6)(6) “Intermittent discharge” means a discharge on a periodic basis and that discharges less than 12 months in a year from a treatment works. NR 208.03(7)(7) “Operation and needs review” or “ONR” means a report which the owner of a treatment works submits to the department evaluating the ability of a treatment works to maintain effluent limits and meet permit conditions over the next 5 years. NR 208.03(8)(8) “Owner” means the state, county, town, town sanitary district, city, village, metropolitan sewerage district, corporation, firm, company, institution, association, utility district, school district, joint sewerage commission or individual owning or operating any wastewater works. NR 208.03(9)(9) “Treatment works” has the meaning given in s. 283.01 (18), Stats., and includes wastewater treatment plants and sanitary sewer collection systems. NR 208.03(10)(10) “Weighting factor” means the weighted value associated with each CMAR section used to calculate an overall grade point average. NR 208.03(11)(11) “WPDES permit” means the Wisconsin pollutant discharge elimination system specific or general permit issued by the department pursuant to ch. 283, Stats. NR 208.04NR 208.04 Compliance maintenance annual report. NR 208.04(1)(1) Purpose. The compliance maintenance annual report describes wastewater management activities, physical conditions and performance of the treatment works during the previous calendar year. It provides a treatment works owner and the department with an objective analysis to determine whether a more detailed evaluation of the treatment works shall be conducted and where attention should be focused. The owner and the department may use the CMAR to identify needs for future planning actions. In conjunction with a grading system, the CMAR shall establish when treatment works owners are required to initiate actions to prevent violations of WPDES permit effluent limits and conditions. NR 208.04(2)(a)(a) General. All owners of treatment works shall submit the CMAR electronically on or before June 30 of each year. The owner shall register with the state of Wisconsin to submit electronic reports to the department. Owners of the treatment works or duly authorized representatives of the owner shall be registered to enter treatment works information and monitoring data collected in the previous calendar year into the electronic report and submit it electronically. NR 208.04(2)(b)(b) Electronic submittal variance. In calendar years 2005 and 2006, the department may, on a limited case-by-case basis, approve alternative methods of CMAR submittal by owners of treatment works. In calendar years 2006 and 2007, the department may, on a limited case-by-case basis, approve alternative methods of CMAR submittal by owners of sanitary sewer collection systems covered by a WPDES permit. NR 208.04 NoteNote: To register with the State of Wisconsin Web Access Management System (WAMS) and access the web-based CMAR go to https://dnrx.wisconsin.gov/w11559 NR 208.04 NoteNote: After this rule goes into effect, some existing WPDES permits will still specify March 31 as the due date for the CMAR. This rule extends the due date for CMAR submittals to June 30th. The department does not intend to individually modify all the WPDES permits to specify the new June 30th due date. Instead, after January 1, 2005, the department will not take enforcement action against a permittee based on the timeliness of a CMAR submittal, if a completed CMAR form, certification statement and resolution or owner’s statement is submitted to the department after March 31st, but on or before June 30th of each year.
NR 208.04(3)(3) Certification. A separate CMAR certification document shall be signed by an authorized representative of the treatment works owner verifying the electronic report is complete, accurate and represents information from the owner’s treatment works. The certification shall be submitted by mail until electronic signatures are legally valid in the state of Wisconsin. NR 208.04 NoteNote: A copy of the certification form will be available electronically on the CMAR website or from the department by mail.
NR 208.04(4)(4) Resolution or owner statement. In the case of a publicly owned treatment works, a resolution shall be passed by the governing body and the resolution shall be included as part of the electronic submittal. Private owners of wastewater treatment works shall address the items in this subsection in an owner statement of review and response as a part of the CMAR. The resolution or owner statement of review and response shall be included as part of the electronic submittal and include all of the following: NR 208.04(4)(a)(a) An acknowledgment that the governing body or private owner has reviewed the CMAR. NR 208.04(4)(b)(b) The recommendations or action plan, if required under this chapter, which the owner will follow to maintain compliance with effluent limitations and permit conditions. NR 208.04(4)(c)(c) Any other information the treatment works owner deems appropriate. NR 208.04(5)(5) Content. The CMAR shall include an evaluation of the following sections and information, as it applies to a specific treatment works and as determined by the department under s. NR 208.05 (1): NR 208.04(5)(c)(c) Effluent quality and plant performance (total suspended solids-TSS). NR 208.04(5)(f)(f) Effluent quality and plant performance (total nitrogen-total N). NR 208.04 HistoryHistory: CR 04-022: cr. Register November 2004 No. 587, eff. 1-1-05. NR 208.05NR 208.05 CMAR point and grading system. NR 208.05(1)(1) Applicable sections. The department shall determine which CMAR sections under s. NR 208.04 (5) apply to each treatment works and shall make the sections available electronically to the treatment works owner no later than April 30 of each year. NR 208.05(2)(2) Section scores and grades. A point score shall be calculated by the department for only the CMAR sections that apply to a specific wastewater treatment works. The score and grade for each CMAR section shall be based on information and data collected and provided by the owner of the treatment works for the prior calendar year. The point score for each CMAR section shall be calculated by subtracting any points generated in each CMAR section from 100. The point score from each section shall be used to determine the applicable grade and response action shown in table 1 for that CMAR section. Table 1
Section Scores, Grades, and Response Ranges
NR 208.05(3)(3) CMAR sections and point assignments. CMAR sections shall be assigned points based on treatment works monitoring data and other information from the previous calendar year as shown in this subsection. The department may require other section specific information that may be included within each CMAR section. Supplemental questions and information may not include points and may not affect the section’s grade. NR 208.05(3)(a)(a) Influent flow and loading. Point assignments for exceedances of percentages of maximum month design flow and 5-day biochemical oxygen demand (BOD) loadings in the previous calendar year shall be determined as follows: NR 208.05 Note1 “Maximum month design flow” means the largest volume of flow anticipated to occur during a continuous 30-day period, expressed as a daily average, for which the treatment works is designed to receive and provide treatment.
NR 208.05(3)(b)1.1. Point assignments for WPDES permit limit exceedances and for percentages of effluent 5-day biochemical oxygen demand (BOD) or 5-day carbonaceous biochemical oxygen demand (CBOD) limits in the previous calendar year shall be as follows: NR 208.05(3)(b)2.2. For systems that discharge intermittently to waters of the state, the points per monthly exceedance for this CMAR section shall be based upon a multiplication factor of 12 months divided by the number of months of discharge. NR 208.05 NoteExample: For a wastewater facility discharging only 6 months of the year, the multiplication factor is 12 /6 = 2.0
NR 208.05(3)(c)(c) Effluent quality and plant performance (total suspended solids -TSS). NR 208.05(3)(c)1.1. Point assignments for WPDES permit limit exceedances and for percentages of effluent TSS limits in the previous calendar year shall be as follows:
