NR 210.06 Note
Note: Compliance schedules for effluent limits established under this subsection are authorized in s.
NR 205.14 and procedures are detailed in s.
NR 106.117. Language on tentative and final determinations related to the permit, public notice processes, and review procedures are provided for all facilities in ch.
NR 203.
NR 210.06(3)
(3) Disinfection determination. A permittee subject to this chapter shall at the time of application for a WPDES permit provide information identified in this subsection which the department shall use in the determination of the need for effluent disinfection. The following information shall be used in identifying risks to human and animal health:
NR 210.06(3)(a)
(a) Proximity of the wastewater outfall to swimming beaches and other waters which have a high level of human contact recreational activities.
NR 210.06(3)(b)
(b) Proximity of the wastewater outfall to public drinking water supply intakes. At a minimum, whenever a drinking water intake is within a radius of 5 miles of a wastewater outfall in a lake or impoundment or within 20 miles downstream of a wastewater outfall on a flowing surface water, disinfection shall be provided.
NR 210.06(3)(c)
(c) Proximity of the wastewater outfall to wetlands which support populations of waterfowl subject to disease outbreaks, which may be caused by the discharge of wastewater which has not been disinfected.
NR 210.06(3)(e)
(e) Dilution and mixing characteristics of the wastewater with the receiving water.
NR 210.06(3)(f)
(f) Bacterial indicator organism levels or sanitary survey results from sampling conducted in the vicinity of the wastewater outfall and near the sites used for recreational purposes.
NR 210.06(3)(h)
(h) The detention time of the wastewater treatment system. Except in extenuating circumstances, the discharge of wastewater to surface water from a treatment system with a detention time of 180 days or longer does not pose a risk to human and animal health.
NR 210.06(3)(i)
(i) Other factors that are necessary to determine if there is a risk posed to human and animal health by the discharge of wastewater that has not been disinfected.
NR 210.06(7)
(7) Disinfection continuation. In the absence of a specific determination under sub.
(1), all dischargers which are required to disinfect as of November 1, 1986, or thereafter shall continue to disinfect.
NR 210.06 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 19-014: cr. (1) (title), (2) (title), am. (2) (intro.), r. and recr. (2) (a), cr. (2) (b) (title), (3) (title), r. (4) to (6), am. (7) Register April 2020 No. 772, eff. 5-1-20; correction in (7) made under s. 35.17, Stats., Register April 2020 No 772. NR 210.07
NR 210.07 Effluent limitation variance categories. Modifications to limitations specified in s.
NR 210.05 (1) to
(3) may be approved as follows:
NR 210.07(1)
(1) Industrial wastes. For publicly owned treatment facilities receiving effluent from certain categories of industries, the applicable effluent limitations for BOD
5 and SS as set forth in s.
NR 210.05 (1) may be modified. The limitations for BOD
5 and SS in s.
NR 210.05 (1) may be adjusted upwards provided that:
NR 210.07(1)(a)
(a) The discharge of such pollutants attributable to the industrial category will not be greater than that allowed by applicable effluent limitations if such industrial category were to discharge directly into the waters of the state; and
NR 210.07(1)(b)
(b) The flow or loading of such pollutants introduced by the industrial category exceeds 10% of the design flow or loading of the publicly owned treatment works. When such an adjustment is made, the limitations for BOD
5 or SS in s.
NR 210.05 (1) shall be adjusted proportionally.
NR 210.07(2)
(2) Aerated lagoons and stabilization ponds. A variance for SS may be made in cases where aerated lagoons or waste stabilization ponds are the principal treatment processes. The SS limitation may be raised to a maximum of 60 mg/l for a 30-day average. This variance is not applicable to polishing or holding ponds which are preceded by other biological or physical/chemical treatment processes.
NR 210.07 Note
Note: See s.
NR 110.24 for design requirements of aerated lagoons and stabilization ponds.
NR 210.07(3)
(3) pH. The effluent pH limitations may be adjusted on a case-by-case basis if the permittee or the owner can demonstrate that the limits need to be adjusted based on the following:
NR 210.07(3)(a)
(a) Inorganic chemicals are not added as part of the treatment process; and
NR 210.07(3)(b)
(b) In the case of a publicly owned treatment works, contributions from industrial sources do not cause the pH of the effluent to be less than 6.0 or greater than 9.0.
NR 210.07(4)
(4) CBOD
5. Upon request by the permittee, the parameter CBOD
5 may be substituted for the parameter BOD
5, provided the following conditions are met:
NR 210.07(4)(a)
(a) For treatment facilities with BOD
5 limitations specified in s.
NR 210.05 (1) (a),
(2) (a), or
(3) (a), the permittee shall provide paired sampling of the effluent for BOD
5 and CBOD
5 for the months of January and July. The sample frequency shall be at the same frequency as required by the permit for BOD
5 sampling. Additional sampling for nitrogen compounds (NH
3-N, NO
3-N) or other sampling may also be required on a case-by-case basis.
NR 210.07(4)(b)
(b) For treatment facilities with BOD
5 limitations established in accordance with those specified in s.
NR 210.05 (1) (e),
(2) (g), or
(3) (f), the permittee shall provide paired sampling of the effluent for BOD
5, CBOD
5, NH
3-N and NO
3-N. At the end of the BOD
5 test, an analysis of that BOD
5 sample for NO
3-N shall also be conducted.
NR 210.07(4)(b)1.
1. This sampling shall be provided for the months of January, February, July, and August at a frequency of 3 times weekly for facilities with a design flow over 0.5 MGD and for those facilities which discharge to trout waters or may impact trout waters.
NR 210.07(4)(b)2.
2. This sampling shall be provided for the months of January and July at a sample frequency as required by the permit for BOD
5 sampling, with a maximum of 3 times weekly for facilities with a design flow less than 0.5 MGD.
NR 210.07(5)
(5) Treatment equivalent to secondary treatment. NR 210.07(5)(a)(a) Facilities eligible for treatment equivalent to secondary treatment as defined in s.
NR 210.03 (6) shall provide the following minimum level of effluent quality in terms of the parameters BOD
5, SS, and pH. All requirements for the specified parameters in subd.
1.,
2. or
3. shall be achieved except where provided for in sub.
(2) or par.
(b),
(c), or
(d).
NR 210.07(5)(b)
(b) Except as limited by par.
(d) and subject to EPA approval, the department may after notice and opportunity for public comment, adjust the minimum levels of effluent quality set forth in par.
(a) 1. a.,
b.,
2. a. and
b. for trickling filter facilities and in par.
(a) 1. a. and
b. for waste stabilization pond facilities to conform to the BOD
5 and SS effluent concentrations consistently achievable through proper operation and maintenance by the median (50th percentile) facility in a representative sample of facilities within a state or appropriate contiguous geographical area that meet the definition of facilities eligible for treatment equivalent to secondary treatment.
NR 210.07(5)(c)
(c) Where data are available to establish CBOD
5 limitations for a treatment works subject to this subsection, the department may substitute the parameter CBOD
5 for the parameter BOD
5 in pars.
(a) and
(b), on a case-by-case basis.
NR 210.07(5)(c)1.
1. The levels of CBOD
5 effluent may not be less stringent than the following:
NR 210.07(5)(c)2.
2. To apply for the CBOD
5 variance, the permittee shall provide the data outlined in sub.
(4).
NR 210.07(5)(d)
(d) Any permit adjustment made pursuant to this section may not be any less stringent than the limitation required pursuant to sub.
(5) (a). The department shall require more stringent limitations when adjusting permits if:
NR 210.07(5)(d)1.
1. For existing facilities the permitting authority determines that the 30-day average and 7-day average BOD
5 and SS effluent values that could be achievable through proper operation and maintenance of the treatment works, based on an analysis of the past performance of the treatment works, would enable the treatment works to achieve more stringent limitations, or
NR 210.07(5)(d)2.
2. For new facilities, the department determines that the 30-day average and 7-day average BOD
5 and SS effluent values that could be achievable through proper operation and maintenance of the treatment works, considering the design capability of the treatment process and geographical and climatic conditions, would enable the treatment works to achieve more stringent limitations.
NR 210.07(6)
(6) Combined sewers. Treatment works which have a combined sewer system may not be capable of meeting the percentage removal requirements established in sub.
(5) (a) 1. c. and
2. c. or in s.
NR 210.05 (1) (a) 3. and
(b) 3. during wet weather where the treatment works receive flows from combined sewers. For each treatment works, the decision shall be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what the level should be.
NR 210.07 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
Subchapter III — Operations, Analyses, and Reports
NR 210.08
NR 210.08 Emergency operation. All sewage treatment facilities that are subject to the provisions of this chapter shall be equipped for emergency operation. Emergency power shall be provided in accordance with s.
NR 110.15 (5) (d). Sufficient emergency power shall be provided such that all the following conditions are met:
NR 210.08(1)
(1) All sewage treatment facilities shall maintain at least the equivalent of primary settling and effluent disinfection under all design conditions.
NR 210.08(2)
(2) All sewage treatment facilities discharging to class I, II, or III trout streams, or other critical stream segments as determined by the department, shall operate all units critical to meeting the effluent limits as set forth in the WPDES permit for a minimum emergency period of 24 hours under all design flow conditions.
NR 210.08 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 09-123: am. (1) (a) and (b), r. and recr. (2)
Register July 2010 No. 655, eff. 8-1-10;
CR 12-027: am.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.09
NR 210.09 Analytical methods and laboratory requirements. Methods used for analysis of influent and effluent samples shall be as set forth in ch.
NR 219 unless alternative methods are specified in the WPDES discharge permit.
NR 210.09 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
NR 210.10
NR 210.10 Requirements for certified or registered laboratory. Bacteriological analyses of groundwater samples, and all radiological analyses, shall be performed by the state laboratory of hygiene or at a laboratory certified or approved by the department of agriculture, trade and consumer protection. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch.
NR 149. The following tests are excluded from the requirements of this section:
NR 210.10 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
NR 210.11
NR 210.11 Compliance maintenance annual report (CMAR). The CMAR shall be submitted to the department on or before June 30 of each year and shall meet all applicable requirements.
NR 210.12(1)(1)
Findings. When issuing a permit, the department may, following review of the permit application and other information provided by the permittee, find that all the following conditions are met:
NR 210.12(1)(a)
(a) Excessive flow received at a sewage treatment facility will cause severe property damage if blending is not approved, including damage to the sewage treatment facility which will cause the facility or portions thereof to become inoperable;
NR 210.12(1)(b)
(b) The permittee demonstrates, as required by this section, that there are no feasible alternatives to blending such as the use of auxiliary treatment facilities, retention of untreated sewage, or the provision of other treatment and operational alternatives, and;
NR 210.12(1)(c)
(c) The permittee is required to notify the department of each blending occurrence as provided in sub.
(6).
NR 210.12(2)
(2) Blending approvals. Blending is prohibited, but may be approved by the department and included as a specific condition in a permit. Blending may only be approved and included as a condition in a permit when all the following conditions are met:
NR 210.12 Note
Note: The department may initiate enforcement action under s.
283.89, Stats., for any blending not specifically included as a condition in a permit.
NR 210.12(2)(a)
(a) The department determines that blending may be necessary during wet weather and other high flow conditions to avoid severe property damage to the sewage treatment facility. Severe property damage occurs when the facility becomes inoperable due to loss of treatment efficiency from washout of biological media.
NR 210.12 Note
Note: A facility may be considered inoperable in cases such as, but not limited to, situations where there is a significant loss of treatment capacity in the secondary treatment unit or units as a result of wet weather or high flow conditions.
NR 210.12(2)(b)
(b) The department determines the permittee is effectively implementing a CMOM program designed to reduce, to the maximum extent practicable, the entry of infiltration and inflow into the system, as required in s.
NR 210.23.
NR 210.12(2)(c)
(c) The department determines at each permit reissuance or permit modification related to the practice of blending that there are no feasible alternatives to the use of the blending, such as the use of auxiliary treatment or storage facilities, retention of untreated wastewater, reduction of excessive flow, use of adequate backup equipment, or an increase in the capacity of the sewage collection system or interceptor system.
NR 210.12 Note
Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, the relationship between the control of storm water and the control of infiltration and inflow into the sewage collection system, costs and affordability of implementation, and risks to public health, the environment, and welfare of the community served by the sewage collection system.
NR 210.12(2)(d)
(d) The design of the sewage treatment facility is approved by the department to operate with blending.
NR 210.12(3)
(3) Conditions for blending. The following requirements shall be met whenever blending is included as a condition in a permit:
NR 210.12(3)(a)
(a) Blending may occur temporarily only during wet weather or other high flow conditions when peak wastewater flow to the sewage treatment facility exceeds the maximum design and operating capacity of the biological treatment processes and when necessary to avoid severe property damage to the sewage treatment facility as determined under sub.
(2) (a).
NR 210.12(3)(b)
(b) Untreated or partially treated wastewater that is routed around a biological treatment process or a portion of a biological treatment process shall be recombined with the biologically treated wastewater, and the combined flow shall be disinfected, if required by the WPDES permit, prior to discharge.
NR 210.12(3)(c)
(c) Effluent from the sewage treatment facility shall be monitored to include all wastewater that is discharged from the facility, including those wastewaters that are diverted around the biological treatment process and shall meet the effluent limitations established in the permit including, at minimum, those limitations specified in s.
NR 210.05 (1) (a) to
(d).
NR 210.12(4)
(4) Blending approvals. The department may approve and include a condition in a permit for blending if the permittee operates sewage treatment facilities approved by the department that provide a separate sewage treatment process or processes solely for excess flow or that provide a sewage treatment process as an alternative to a biological treatment process and complies with all other requirements of this section.
NR 210.12(5)
(5) Permit applications. A permittee may only apply for a department approval to include blending as a permit condition at the time of application for permit reissuance or permit modification. A permittee may use information in a facilities plan approved under ch.
NR 110 in its permit application under this subsection. At the time of permit application, a permittee may demonstrate that the relevant information in a previously approved facilities plan is current. If the relevant information in the approved facilities plan is not reflective of current operations, the permittee shall submit new information or may update the facilities plan with new information that demonstrates there are no feasible alternatives to the use of blending.
