NR 210.21 Note
Note: When used without qualification in this chapter, the word “overflow" includes both sanitary sewer overflow and sewage treatment facility overflow.
NR 210.21(1)(a)
(a) The sanitary sewer overflow or sewage treatment facility overflow was unavoidable to prevent loss of life, personal injury, or severe property damage.
NR 210.21(1)(b)
(b) There were no feasible alternatives to the sanitary sewer overflow or sewage treatment facility overflow such as the use of auxiliary treatment facilities or adequate back-up equipment, retention of untreated wastes, reduction of inflow and infiltration, or preventative maintenance activities.
NR 210.21 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 210.21(1)(c)
(c) The sanitary sewer overflow or the sewage treatment facility overflow was caused by unusual or severe weather related conditions such as large or successive precipitation events, snowmelt, saturated soil conditions, or severe weather occurring in the area served by the sewage collection system or sewage treatment facility.
NR 210.21(1)(d)
(d) The sanitary sewer overflow or the sewage treatment facility overflow was unintentional, temporary, and caused by an accident or other factors beyond the reasonable control of the permittee.
NR 210.21(2)
(2) Department response. If a prohibited sanitary sewer overflow or sewage treatment facility overflow occurs, the department may, in addition to the factors provided in sub.
(1), also consider the following factors in any enforcement action or response:
NR 210.21(2)(a)
(a) The permittee's activities in implementing a capacity, management, operation, and maintenance (CMOM) program, or a functionally equivalent program, that meets the requirements in s.
NR 210.23.
NR 210.21(2)(b)
(b) The status of preparation of a system evaluation and capacity assurance plan, or a functionally equivalent plan that meets the requirements of s.
NR 110.10 (4), that may be required under s.
NR 210.24.
NR 210.21(2)(c)
(c) The status of implementation of an approved system evaluation and capacity assurance plan, or a functionally equivalent plan that meets the requirements of s.
NR 110.10 (4), that may be required under s.
NR 210.24.
NR 210.21(2)(e)
(e) The status of planning or implementation of specific actions required by a WPDES permit, or other legally binding document, to construct or implement projects that will address the cause of the sanitary sewer overflow or sewage treatment facility overflow.
NR 210.21 Note
Note: The department may initiate enforcement action under s.
283.89, Stats., for any sanitary sewer overflow or sewage treatment facility overflow.
NR 210.21(3)
(3) Permittee response to overflows. Whenever a sanitary sewer overflow or sewage treatment facility overflow occurs, the permittee shall take all feasible steps to control or limit the volume of untreated or partially treated wastewater discharged, and terminate the discharge as soon as practicable. Remedial actions shall be implemented consistent with an emergency response plan developed under s.
NR 210.23 (4) (f). Remedial actions may include the following:
NR 210.21(3)(a)
(a) Interception and rerouting of untreated or partially treated wastewater around the point of failure, if that failure is in the sewage collection system.
NR 210.21(3)(b)
(b) Use of vacuum trucks or other appropriate mechanisms to recover as much of the wastewater discharged as possible and properly dispose of such wastewater and wash down water.
NR 210.21(3)(d)
(d) Adequate sampling to determine the amount, characteristics, and impact of the overflow.
NR 210.21(4)
(4) Permittee reporting. Permittees shall report all sanitary sewer overflows and sewage treatment overflows as follows:
NR 210.21(4)(a)
(a) The permittee shall notify the department by telephone, fax, or email as soon as practicable, but no later than 24 hours from the time the permittee becomes aware of the overflow.
NR 210.21(4)(b)
(b) The permittee shall, no later than five days from the time the permittee becomes aware of the overflow, provide to the department the information identified in this paragraph using department form number 3400-184. If an overflow lasts for more than five days, an initial report shall be submitted within 5 days as required in this paragraph and an updated report submitted following cessation of the overflow. At a minimum, the following information shall be included in the report:
NR 210.21(4)(b)3.
3. The duration of the overflow and an estimate of the volume of the overflow.
NR 210.21(4)(b)4.
4. A description of the sewer system or treatment facility component from which the discharge occurred such as manhole, lift station, constructed overflow pipe, or crack or other opening in a pipe.
NR 210.21(4)(b)5.
5. The estimated date and time when the overflow began and stopped or will be stopped.
NR 210.21(4)(b)6.
6. The cause or suspected cause of the overflow including, if appropriate, precipitation, runoff conditions, areas of flooding, soil moisture, and other relevant information.
NR 210.21(4)(b)7.
7. Steps taken or planned to reduce, eliminate and prevent reoccurrence of the overflow and a schedule of major milestones for those steps.
NR 210.21(4)(b)8.
8. A description of the actual or potential for human exposure and contact with the wastewater from the overflow.
NR 210.21(4)(b)9.
9. Steps taken or planned to mitigate the impacts of the overflow and a schedule of major milestones for those steps.
NR 210.21(4)(b)10.
10. To the extent known at the time of reporting, the number and location of building backups caused by excessive flow or other hydraulic constraints in the sewage collection system that occurred concurrently with the sanitary sewer overflow and that were within the same area of the sewage collection system as the sanitary sewer overflow.
NR 210.21(4)(b)11.
11. The reason the overflow occurred or explanation of other contributing circumstances that resulted in the overflow event. This includes any information available under sub.
(1), including whether the overflow was unavoidable to prevent loss of life, personal injury, or severe property damage and whether there were feasible alternatives to the overflow.
NR 210.21 Note
Note: A copy of form 3400-184 for reporting sanitary sewer overflows and sewage treatment facility overflows may be obtained from the department or accessed on the department's web site at
http://dnr.wi.gov/topic/wastewater/documents/3400-184_ssoreportform.pdf. As indicated on the form, additional information may be submitted to supplement the information required by the form.
NR 210.21(4)(c)
(c) The permittee shall identify each specific location and each day on which a sanitary sewer overflow or sewage treatment facility overflow occurs as a discrete sanitary sewer overflow or sewage treatment facility overflow occurrence. An occurrence may be more than one day if the circumstances causing the sanitary sewer overflow or sewage treatment facility overflow results in a discharge duration of greater than 24 hours. If there is a stop and restart of the overflow at the same location within 24 hours and the overflow is caused by the same circumstance, it may be reported as one occurrence. Sanitary sewer overflow occurrences at a specific location that are separated by more than 24 hours shall be reported as separate occurrences.
NR 210.21(4)(d)
(d) A permittee that is required to submit wastewater discharge monitoring reports under s.
NR 205.07 (1) (r) shall also report all sanitary sewer overflows and sewage treatment facility overflows on that report.
NR 210.21(4)(e)
(e) Satellite sewage collection system permittees shall submit reports required under this subsection to all owners of sewerage systems which receive wastewater from the satellite sewage collection system.
NR 210.21(5)
(5) Public notification. A permittee shall notify the public of any sanitary sewer and sewage treatment facility overflows consistent with its emergency response plan required under s.
NR 210.23 (4) (f). Such public notification shall occur promptly following any overflow event using the most effective and efficient communications available in the community. At minimum, a daily newspaper of general circulation in the county(s) and municipality whose waters may be affected by the overflow shall be notified by written or electronic communication.
NR 210.21(6)
(6) Notification of drinking water system owners. The department may require the permittee to notify the owner of a drinking water intake located in a surface water receiving any sanitary sewer overflows and sewage treatment facility overflows. Such conditions shall be included in the WPDES permit.
NR 210.21 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.22(1)(1)
Except for the reporting requirement established in s.
NR 210.21 (4) (b) 10., building backups shall be subject only to requirements of this section.
NR 210.22(2)
(2) A building backup caused by the blockage or failure of the building sewer or any other component of a plumbing system as defined in s.
SPS 381.01 (179), and discrete or individual building backups caused, or primarily caused, by excessive flow or hydraulic constraints within the sewage collection system shall not be subject to the requirements of s.
NR 210.21 (1).
NR 210.22 Note
Note: Section
SPS 381.01 (179) reads: “Plumbing system" includes the water supply system, the drain system, the vent system, plumbing fixtures, plumbing appliances and plumbing appurtenances that serve a building, structure or premises.
NR 210.22(3)
(3) Whenever there are recurring building backups caused, or primarily caused, by excessive flow or hydraulic constraints within a sewage collection system, the department may reissue or modify a WPDES permit to require actions by the permittee, including preparation and implementation of a system evaluation and capacity assurance plan as provided in s.
NR 210.24, to reduce or eliminate such recurring building backups.
NR 210.22(4)
(4) Whenever there are building backups caused, or primarily caused, by excessive flow or hydraulic constraints within the sewage collection system and there are no sanitary sewer overflows within the same part of the sewage collection system, the building backups shall be reported in accordance with the requirements of ch.
NR 208.
NR 210.22 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.23
NR 210.23 Capacity, Management, Operation, and Maintenance Programs. NR 210.23(1)(1)
CMOM program required. All permittees subject to this chapter, including the owners of satellite sewage collection systems and combined sewer systems, shall implement a capacity, management, operation, and maintenance program.
NR 210.23(2)
(2) Implementation deadline. The holder of a WPDES permit shall implement a capacity, management, operation and maintenance program under this section no later than August 1, 2016, or no later than an earlier date specified in the permit.
NR 210.23(3)
(3) General standards. A CMOM program shall ensure the following general standards are met:
NR 210.23(3)(a)
(a) The sewage collection system is properly managed, operated, and maintained at all times.
NR 210.23(3)(b)
(b) The sewage collection system provides adequate capacity to convey all peak design flows.
NR 210.23(3)(c)
(c) All feasible steps are taken to eliminate excessive infiltration and inflow as defined in s.
NR 110.03 (13c), cease sanitary sewer overflows and sewage treatment facility overflows and mitigate the impact of such overflows on waters of the state, the environment, and public health.
NR 210.23 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/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 210.23(3)(d)
(d) A process is in place to notify the public and other directly affected parties of any incidents of overflows from the sewerage system.
NR 210.23(4)(a)
(a)
Goals. Major goals of the CMOM program shall be consistent with the general standards identified in sub.
(3).
NR 210.23(4)(b)
(b)
Organization. Persons who are responsible for implementing the CMOM program shall be identified including administration, management, and maintenance personnel or positions, lines of authority of such personnel or positions, internal and external communication responsibilities, and the person or persons who shall report all overflow events to the department and to the public according to s.
NR 210.21 (3) to
(6).
NR 210.23(4)(c)
(c)
Legal authority. Legally binding authorities, such as sewer use ordinances and service agreements, shall ensure the following:
NR 210.23(4)(c)1.
1. Infiltration and inflow sources, including infiltration and inflow into building sewers, private interceptor sewers, or other such sources on private property, are subject to oversight and control, as necessary.
NR 210.23(4)(c)2.
2. New sewers and connections, including building sewers and private interceptor sewers are designed, constructed, installed, tested, and inspected to meet all applicable current engineering and construction standards.
NR 210.23(4)(c)3.
3. New and rehabilitated sewers, lift stations and other collection system components or appurtenances are installed, tested, and inspected to meet all applicable current standards.
NR 210.23(4)(c)4.
4. If applicable, sewage flows from municipal satellite or other privately owned sewage collection systems are, as necessary, monitored, and controlled. Notwithstanding all other provisions of this chapter, any publicly owned treatment works may establish specific requirements to regulate sewage flows from satellite sewage collection systems.
NR 210.23(4)(c)5.
5. Solid or viscous pollutants, such as fats, oils, and greases, are not discharged into the sewage collection system in amounts that will cause or contribute to obstruction to the flow in the sewer.
NR 210.23 Note
Note: This provision is similar to that contained in s.
NR 211.10 (2) (c).
NR 210.23(4)(c)6.
6. Procedures are in place to implement enforcement actions for non-compliance with established legal authorities.
NR 210.23(4)(d)
(d)
Operation and maintenance. Operation and maintenance equipment, activities and protocols, including identification of personnel or positions responsible, shall, as appropriate and applicable to the system, include the following:
NR 210.23(4)(d)1.
1. Adequate maintenance facilities and equipment including equipment and replacement parts inventories, especially critical replacement parts.
NR 210.23 Note
Note: A geographic information system-based map of the sewage collection system meets this requirement.
NR 210.23(4)(d)3.
3. A management system for the collection and use of information to identify and prioritize appropriate operation and maintenance activities, including identification of structural deficiencies and implementation actions to address such deficiencies.
NR 210.23(4)(d)4.
4. A description of routine preventive operation and maintenance activities such as inspections, televising, cleaning, flow monitoring, root removal, and rehabilitation.
NR 210.23 Note
Note: Protocols for cleaning sewers should include methods for disposal of sand, grit, and other solids in a manner that will not contaminate surface water or groundwater or create a risk to public health. Proper disposal of such material includes, but is not limited to, placement in a licensed solid waste landfill, return of the material to the headworks of the sewage treatment facility or placing the material in a properly designed and operated treatment unit.
NR 210.23(4)(d)5.
5. A program to periodically assess the capacity of the sewage collection system and treatment facilities.
NR 210.23(4)(d)6.
6. The identification of activities to prevent and correct frequent and recurring building backups caused by sewage collection system hydraulic constraints.
NR 210.23(4)(e)
(e)
Design and performance standards. The following standards and procedures shall be established or adopted to maintain control over the design, construction, and inspection of the sewage collection system, including building sewers and private interceptor sewers on private property:
NR 210.23(4)(e)1.
1. Standards and specifications for the design and installation of new sewers, lift stations, and other appurtenances and for rehabilitation and repair projects.
NR 210.23 Note
Note: Chapter
NR 110 must be followed when designing and constructing sewage collection systems. Chapter
SPS 382 must be followed when designing and constructing plumbing. Permittees may have supplemental standards and requirements specific to community needs.
NR 210.23(4)(e)2.
2. Procedures and requirements for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.
NR 210.23(4)(f)
(f)
Overflow emergency response plan. An overflow emergency response plan shall identify measures to protect public health and the environment from sanitary sewer overflows and sewage treatment facility overflows and building backups caused by excessive flow or other hydraulic constraints in the sewage collection system and shall include protocols to ensure the following:
NR 210.23(4)(f)2.
2. There is a prompt and appropriate response to and investigation of all overflows to protect, to the extent possible, water quality, the environment, and public health.
NR 210.23(4)(f)3.
3. There is appropriate reporting and notification as required under s.
NR 210.21 (4) to
(6). The overflow emergency response plan shall identify the public health and other officials who will receive notification and identify the protocols and procedures for notification of the public who may be affected by an overflow. Whenever there is a significant or potentially significant risk to public health, public notification shall include personal contacts with persons who may be at risk from the affects of the overflow.
NR 210.23 Note
Note: To the extent practicable, local public health and other responsible officials should be consulted in developing those portions of the overflow emergency response plan that involve reporting and notification of those officials. Permittees should consider use of the following communication methods when establishing public notification protocols: electronic mail or other electronic communication, posting on internet web sites, notification of local print and media (television, radio) outlets, posting notices on public buildings, personal notification, etc.
NR 210.23(4)(f)4.
4. Appropriate personnel are aware of and follow the plan and are appropriately trained.
NR 210.23(5)
(5) CMOM program documentation and audit. All permittees subject to the requirements of this section shall do all of the following:
