This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
NR 208.04 Note Note: 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 Note Note: 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)(a) (a) Influent flow and loading.
NR 208.04(5)(b) (b) Effluent quality and plant performance (BOD/CBOD).
NR 208.04(5)(c) (c) Effluent quality and plant performance (total suspended solids-TSS).
NR 208.04(5)(d) (d) Effluent quality and plant performance (ammonia-NH3).
NR 208.04(5)(e) (e) Effluent quality and plant performance (phosphorus-P).
NR 208.04(5)(f) (f) Effluent quality and plant performance (total nitrogen-total N).
NR 208.04(5)(g) (g) Groundwater quality.
NR 208.04(5)(h) (h) Ponds and lagoon leakage.
NR 208.04(5)(i) (i) Biosolids quality and management.
NR 208.04(5)(j) (j) Staffing and preventative maintenance.
NR 208.04(5)(k) (k) Operator certification and education.
NR 208.04(5)(L) (L) Financial management.
NR 208.04(5)(m) (m) Sanitary sewer collection systems.
NR 208.04(5)(n) (n) Grading summary.
NR 208.04(5)(o) (o) Resolution or owner statement.
NR 208.04 History History: CR 04-022: cr. Register November 2004 No. 587, eff. 1-1-05.
NR 208.05 NR 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 - See PDF for table PDF
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: - See PDF for table PDF
NR 208.05 Note 1 “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) (b) Effluent quality and plant performance (BOD/CBOD).
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: - See PDF for table PDF - See PDF for table PDF
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 Note Example: 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: - See PDF for table PDF - See PDF for table PDF
NR 208.05(3)(c)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 Note Example: For a wastewater facility discharging only 6 months of the year, the multiplication factor is 12 /6 = 2.0
NR 208.05(3)(d) (d) Effluent quality and plant performance (ammonia- NH3).
NR 208.05(3)(d)1.1. Point assignments for exceedances of monthly WPDES permit limits for effluent ammonia (NH3) in the previous calendar year shall be as follows: - See PDF for table PDF
NR 208.05(3)(d)2. 2. If monthly limits do not apply and the applicable ammonia limits in a permit are weekly, then point assignments related to exceedances of weekly WPDES permit limits for effluent ammonia (NH3) in the previous calendar year shall be as follows: - See PDF for table PDF
NR 208.05(3)(e) (e) Effluent quality and plant performance (phosphorus -P).
NR 208.05(3)(e)1.1. Point assignments for exceedances of monthly WPDES permit limits for effluent total phosphorus (total P) in the previous calendar year shall be as follows: - See PDF for table PDF
NR 208.05(3)(e)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 Note Example: For a wastewater facility discharging only 6 months of the year, the multiplication factor is 12 /6 = 2.0
NR 208.05(3)(f) (f) Effluent quality and plant performance (total nitrogen-total N).
NR 208.05(3)(f)1.1. Point assignments for exceedances of monthly WPDES permit limits for effluent total nitrogen (total N) in the previous calendar year shall be as follows: - See PDF for table PDF
NR 208.05(3)(f)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 Note Example: For a wastewater facility discharging only 6 months of the year, the multiplication factor is 12 /6 = 2.0
NR 208.05(3)(g) (g) Groundwater quality. Point assignments associated with groundwater dischargers with groundwater monitoring wells shall be as follows: - See PDF for table PDF
NR 208.05 Note Note: “Enforcement Standard" or “ES", Alternative concentration limit or “ACL", and “Standards application" has the meaning in ch. NR 140 — Groundwater Quality
NR 208.05(3)(h) (h) Ponds and lagoon leakage. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05 Note Note: Pond and lagoon leakage rates may be estimated using total influent and effluent flows or calculated by actual field water balance testing if approved by the department. The change in storage volume (+/-) for fill and draw pond systems, storage lagoons, and other similar type systems may be used in the leakage rate estimation if the method for determining the change in storage volume(s) is approved by the department.
NR 208.05(3)(i) (i) Biosolids quality and management. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05 Note Note: The definitions of “High quality limit", “Ceiling limit", “Pathogen control limit", and “Vector attraction reduction limit" may be found in ch. NR 204 — Domestic Sewage Sludge Management.
NR 208.05(3)(j) (j) Staffing and preventative maintenance. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05(3)(k) (k) Operator certification and education. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05 Note Note: The definition of “Operator-In-Charge" may be found in ch. NR 114 — Certification Requirements For Wastewater Treatment Plant Operators.
NR 208.05(3)(L) (L) Financial management. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05 Note Note: The definitions of “User Charge" and “Replacement" may be found in ch. NR 162 — Clean Water Fund.
NR 208.05(3)(m) (m) Sewage collection systems.
NR 208.05(3)(m)1.1. Point assignments shall be as follows: - See PDF for table PDF
NR 208.05(3)(m)2. 2. Owners of sewage collection systems shall record and maintain information about the operation and maintenance of their sewage collection system, which may include the following: cleaning, root removal, flow monitoring, smoke testing, sewer line televising, manhole inspections, lift station servicing, manhole rehabilitation, mainline rehabilitation, private sewer inspections, private sewer infiltration/inflow (I/I) removal, precipitation, sanitary sewer overflows, building or basement backups, lift station failures, sewer pipe failures, complaints, and any other collection system information deemed important by the owner.
NR 208.05 Note Note: Sanitary sewer overflow occurrences and sewage treatment facility overflow occurrences are reported under s. NR 210.21 (4). Additional reporting requirements under this chapter are required under s. NR 208.06 (1) (b). The department may initiate enforcement action under s. 283.89, Stats., for any sanitary sewer overflow or sewage treatment facility overflow.
NR 208.05(3)(n) (n) Grading summary. The department shall provide to the owner a summary of section grades, response ranges and resultant grade point average for the applicable completed CMAR sections under s. NR 208.04 (5) (a) to (m).
NR 208.05(3)(o) (o) Resolution or owner statement. The owner shall provide to the department a resolution or owner statement of review and response. Public and private treatment works owners shall complete and submit the resolution or owner statement with the CMAR. No point assignments are associated with this CMAR section.
NR 208.05(4) (4)Calculation of cmar grade point average (gpa). A grade point average shall be determined for each wastewater treatment works required to submit a CMAR. The grade point average shall be calculated as follows: multiply the CMAR section grade points associated with the letter grades for each section as shown in table 1 by the corresponding section weighting factor provided in table 2; add the resulting values determined for all the sections; divide the value determined by the sum of all the weighting factors used in calculating the individual section values.
G.P.A. = Sum (section grade points x section weighting factor) Sum of the applicable section weighting factors
Table 2
CMAR Section Weighting Factors - See PDF for table PDF
NR 208.05 History History: CR 04-022: cr. Register November 2004 No. 587, eff. 1-1-05; CR 12-027: r. and recr. (3) (m) Register July 2013 No. 691, eff. 8-1-13.
NR 208.06 NR 208.06 CMAR review and responses.
NR 208.06(1) (1) Owner review.
NR 208.06(1)(a)(a) The owner of the wastewater treatment works shall review and complete all applicable CMAR sections. The owner submitting a CMAR under this chapter shall provide a response for individual CMAR sections when required pursuant to table 1 and this section.
NR 208.06(1)(b) (b) Sanitary sewer collection system owners shall review the total number of sanitary sewer overflow occurrences and sewage treatment facility overflow occurrences for the year as reported under s. NR 210.21 (4) and, if overflows are reported, provide a response of actions taken or underway to reduce or eliminate such occurrences in the future.
NR 208.06(2) (2)Department review. The department shall review the CMAR information, points and scores generated, the grades of each section and the grade point average contained in the CMAR for accuracy and completeness. In case of error, the department shall make any corrections to the information, points and grades, as appropriate, and notify the owner with an explanation. All owners shall be notified of point or grading revisions as part of the department response. The department shall provide a response to the CMAR and any information submitted under this chapter by August 31 of the year in which the CMAR was received or within 60 days of receipt, whichever is later.
NR 208.06(3) (3)Owner and department responses for individual section grades.
NR 208.06(3)(a)(a) Voluntary response ranges (A or B grades). For any CMAR section receiving a grade of A or B, the owner may provide information on improving treatment works or collection system management and performance. This information may be included in the CMAR resolution. The department may provide a response to any recommendations or information provided under this paragraph.
NR 208.06(3)(b) (b) Recommendation response range (C grade). For any CMAR section receiving a grade of C, the owner shall recommend steps or actions that have been or may be taken to address problems or deficiencies identified in that CMAR section. These recommendations shall be included in the CMAR resolution. The department shall provide a response to any recommendations or information provided under this paragraph.
NR 208.06(3)(c) (c) Action response ranges (D or F grades). For any CMAR section resulting in a grade of D or F, the owner shall submit an action response plan. The action response plan shall be included in the CMAR resolution and shall state what actions will be taken to address and correct problems identified in that CMAR section. The department shall provide a response to the action response plan and other information provided under this paragraph.
NR 208.06(4) (4)Owner and department responses for cmar grade point average.
NR 208.06(4)(a)(a) Voluntary response range (3.00-4.00 GPA). For CMAR grade point averages of 3.00-4.00, the owner may evaluate and implement steps to address any problems or deficiencies identified in the CMAR. This information may be included in the CMAR resolution. The owner may initiate planning for new, improved, upgraded or additional treatment facilities. The department shall provide a response to the CMAR grade point average and any recommendations or information provided under this paragraph.
NR 208.06(4)(b) (b) Recommendation response range (2.00-2.99 GPA). For CMAR grade point averages of 2.00-2.99, the owner shall recommend steps or actions that have been or may be taken to address problems or deficiencies identified in the CMAR. These recommendations shall be included in the CMAR resolution. The department may recommend that the owner develop an operation and needs review (ONR). Alternatively, the department may recommend that the owner undertake specific actions to maintain compliance. A facilities plan shall be recommended by the owner or the department if an ONR indicates the existing treatment works is not capable of providing adequate wastewater conveyance and treatment any time within the next 5 years. The department shall provide a response to any recommendation made under this paragraph.
NR 208.06(4)(c) (c) Action response range (< 2.00 GPA). For CMAR grade point averages less than 2.00, the owner shall provide the department with a plan that describes actions the owner will take to address the problems that resulted in the low grade point average. The action response plan shall be included in the CMAR resolution and shall state what actions have been or will be taken to address and correct problems identified. The department may require the owner to complete an operation and needs review or a facilities plan under ch. NR 110 within a time period which the department prescribes. A facilities plan shall be required if the department determines that consistent future compliance with permit limitations and conditions will not result from improved system operation and maintenance or that growth within areas served by the owner's sewerage system jeopardizes future compliance. An implementation schedule shall be submitted by the owner as a part of the operations and needs review or facilities plan. The department shall provide a response to the CMAR and action plan made under this paragraph.
NR 208.06(5) (5)Owner response requirements. The following general requirements shall be followed in implementing the response actions described in this subsection:
NR 208.06(5)(a) (a) Action response plans. An action response plan shall contain and specify the corrective actions that shall be taken such as, but not limited to, operational changes, operation and needs reviews, facility planning, engineering studies, improvements, upgrading or new facility. The owner shall submit an implementation schedule as part of the action response plan.
NR 208.06(5)(b) (b) Operations and needs review (ONR). The ONR shall evaluate the ability of the treatment works to maintain compliance with effluent limits and WPDES permit conditions over the next 5 years including anticipated increases in discharges due to residential, commercial and industrial growth within the owner's sewer service area. The ONR may recommend operational changes, minor upgrading of treatment works or that the treatment works prepare a facilities plan. The owner shall submit an implementation schedule as part of the ONR.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.