Chapter NR 211

NR 211.15(7) (7) If sampling and analysis performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, unless the control authority regularly performs sampling at the industrial user at least once per month or performed sampling at the industrial user between the time of the industrial user’s initial sampling and the time when the industrial user received the results of the initial sample. Where the control authority has performed the original sampling and analysis in lieu of the industrial user as allowed in sub. (9), the control authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.

NR 211.15(8) (8) 

NR 211.15(8)(a) (a) Analysis of the samples required by this section shall be performed in accordance with ch. NR 219. Laboratory test results for radiological samples submitted by the industrial user to the department shall be performed by a laboratory approved by the department of agriculture, trade and consumer protection. Other laboratory test results submitted by the industrial user to the department shall be performed by a laboratory certified or registered under ch. NR 149. Sample results submitted by the industrial user to the POTW need not be from a certified or registered laboratory. The following tests are excluded from this requirement:

NR 211.15(8)(a)1. 1. Temperature,

NR 211.15(8)(a)2. 2. Turbidity,

NR 211.15(8)(a)3. 3. Bacteria tests in wastewater effluent,

NR 211.15(8)(a)4. 4. pH,

NR 211.15(8)(a)5. 5. Chlorine residual,

NR 211.15(8)(a)6. 6. Specific conductance,

NR 211.15(8)(a)7. 7. Flow measurements.

NR 211.15(8)(b) (b) Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from all monitoring activities. Such records shall include for all samples:

NR 211.15(8)(b)1. 1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

NR 211.15(8)(b)2. 2. The dates the analyses were performed;

NR 211.15(8)(b)3. 3. The name of the person who performed the analyses;

NR 211.15(8)(b)4. 4. The analytical techniques or methods used; and

NR 211.15(8)(b)5. 5. The results of the analyses.

NR 211.15(8)(c) (c) Any industrial user subject to the reporting requirements established in this section shall retain for a minimum of 3 years all records of monitoring activities and results, whether or not such monitoring activities are required by this section, and shall make such records available for inspection and copying by EPA, the department, and the receiving POTW. This period for retaining records shall be extended during the pendency of any litigation to which the industrial user or the POTW into which the industrial user discharges is a party, or when requested by the department or EPA.

NR 211.15(9) (9) 

NR 211.15(9)(a) (a) Sampling and analysis may be performed by the control authority instead of the industrial user. When the control authority collects all of the information required for a report, the control authority may not require the industrial user to submit the report.

NR 211.15(9)(b) (b) The control authority may require the installation of sampling manholes or other monitoring devices necessary for the collection of representative samples by either the industrial user or the control authority.

NR 211.15(10) (10) 

NR 211.15(10)(a) (a) The reports containing analytical data required by this section shall include the following certification signed by a person specified by par. (b), (c) or (d):

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 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 211.15(10)(b) (b) If the industrial user is a corporation, the certification in par. (a) shall be signed by:

NR 211.15(10)(b)1. 1. A president, secretary, treasurer, vice-president in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation;

NR 211.15(10)(b)2. 2. The manager of one or more manufacturing facilities provided the manager is authorized to make decisions which govern the operation of the facility, make major capital investment recommendations, initiate and direct comprehensive measures to assure long-term compliance with environmental laws, can ensure the necessary systems are established to gather complete and accurate information for the report and where authority to sign documents has been delegated to the manager according to the corporation’s procedures; or

NR 211.15(10)(b)3. 3. A representative of a person described in subd. 1. or 2. if the representative has been authorized according to par. (e).

NR 211.15(10)(c) (c) If the industrial user is a partnership, the certification in par. (a) shall be signed by either a general partner or a representative authorized according to par. (e).

NR 211.15(10)(d) (d) If the industrial user is a sole proprietorship, the certification in par. (a) shall be signed by either the proprietor or a representative authorized according to par. (e).

NR 211.15(10)(e) (e) Authority to sign the certification in par. (a) may be delegated if:

NR 211.15(10)(e)1. 1. The person to whom authority is delegated is an individual or occupies a position with responsibility for:

NR 211.15(10)(e)1.a. a. The overall operation of the facility from which the discharge occurs, such as a plant manager; or

NR 211.15(10)(e)1.b. b. The overall environmental matters for the company, such as a corporate environmental officer; and

NR 211.15(10)(e)2. 2. A written authorization is submitted to the control authority. If circumstances change so that an authorization is no longer accurate, the industrial user shall submit a new authorization before or along with the submission of any report signed by a new representative.

NR 211.15 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. (1) (e) 4., renum. (1) (e) 5. and 6., (8) (a) and (b) to be (1) (e) 4. and 5., (8) (b) and (c), am. (5), cr. (8) (a), Register, April, 1986, No. 364, eff. 8-28-86; am. (1) (d), (e) 3. and (h), Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (e) 1. and 4., (3), (4) and (6), r. and recr. (1) (e) 2., (5) and (7), cr. (9) and (10), Register, March, 1992, No. 435, eff. 4-1-92; correction in (1) (e) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1997, No. 495; CR 13-006: am. (1) (e) (intro.), 1., renum. (4) to (4) (a) and am., cr. (4) (b) to (d), am. (5) to (7), (10) (b) 2. Register January 2014 No. 697, eff. 2-1-14.

NR 211.16 NR 211.16 Additional monitoring and reporting requirements for centralized waste treaters.

NR 211.16(1) (1) Initial report. At least 180 days before the commencement of discharge, a new centralized waste treater shall provide the control authority with the following information:

NR 211.16(1)(a) (a) Name, location, mailing address and the names of the owner and operator;

NR 211.16(1)(b) (b) A description of the treatment equipment and processes, a schematic diagram and a discussion of performance capabilities;

NR 211.16(1)(c) (c) The types of waste the centralized waste treater intends to treat, identified by industrial category and manufacturing process, and estimated volumes for each type of waste;

NR 211.16(1)(d) (d) A description of the waste acceptance procedures developed according to sub. (3) for incoming waste;

NR 211.16(1)(e) (e) A description of effluent monitoring plans developed according to sub. (4); and

NR 211.16(1)(f) (f) Any other information requested by the control authority.

NR 211.16(2) (2) New wastestream report. At least 60 days before accepting wastes from an industrial category or manufacturing process not included in the report required by sub. (1), a centralized waste treater shall submit to the control authority the following information for the new type of waste:

NR 211.16(2)(a) (a) A description of the waste, including industrial category and manufacturing process;

NR 211.16(2)(b) (b) Estimates for the volume of the waste; and

NR 211.16(2)(c) (c) The equipment and processes that will be used for treatment.

NR 211.16(3) (3) Waste acceptance procedures. Each centralized waste treater shall implement waste acceptance procedures sufficient to ensure that wastes accepted for treatment are within the centralized waste treater’s treatment capabilities and have no characteristics that could reasonably be expected to prevent compliance with the applicable pretreatment standards and requirements. These acceptance procedures shall include sampling and analysis, treatability studies and any other procedures necessary to identify the source and character of the waste.

NR 211.16(4) (4) Effluent monitoring. Sampling and analysis of effluent shall be sufficient to assess consistent compliance with the applicable pretreatment standards and requirements. Samples shall be analyzed according to s. NR 211.15 (8).

NR 211.16(5) (5) Semiannual report. Every June and December or as otherwise specified by the control authority, each centralized waste treater shall provide to the control authority the following information for all wastes treated since the previous report:

NR 211.16(5)(a) (a) The name and address of each waste’s generator;

NR 211.16(5)(b) (b) The volume and date of arrival of each wastewater and the name and address of the transporter if received by truck or rail;

NR 211.16(5)(c) (c) The applicable pretreatment standards, including the generator’s production data if production based standards apply;

NR 211.16(5)(d) (d) Effluent volume and effluent sampling and analysis results; and

NR 211.16(5)(e) (e) Any other information requested by the control authority.

NR 211.16 History History: Cr. Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.17 NR 211.17 Hazardous waste discharge report.

NR 211.17(1) (1) An industrial user shall notify, in writing, the POTW, the EPA Region V waste management division director and the department’s bureau of waste management of the discharge to a POTW of:

NR 211.17(1)(a) (a) More than 15 kilograms per calendar month of any substance that would be hazardous waste according to ch. NR 661 if otherwise disposed; or

NR 211.17(1)(b) (b) Any amount of a substance that would be an acute hazardous waste according to s. NR 660.10 (3m) if otherwise disposed.

NR 211.17(2) (2) The notification required by sub. (1) shall include:

NR 211.17(2)(a) (a) The name of the hazardous waste;

NR 211.17(2)(b) (b) The hazardous waste number;

NR 211.17(2)(c) (c) Whether the discharge is continuous, batch or other; and

NR 211.17(2)(d) (d) A certification that the industrial user has a program in place to reduce to the extent economically practicable the volume and toxicity of the generated hazardous wastes.

NR 211.17(3) (3) If an industrial user discharges to a POTW more than 100 kilograms of hazardous wastes per month, the report required by sub. (1) shall include the following additional information to the extent it is known and available:

NR 211.17(3)(a) (a) The identity of the hazardous constituents in the listed wastes;

NR 211.17(3)(b) (b) The mass and concentration of the hazardous constituents in the wastestream; and

NR 211.17(3)(c) (c) The mass of the hazardous constituents expected to be discharged during the next 12 months.

NR 211.17(4) (4) The notification required by sub. (1) shall be made by the date required by the control authority.

NR 211.17(5) (5) Industrial users who commence discharging a hazardous waste after the date established under sub. (4) shall provide the notification required by sub. (1) within 180 days of commencement of discharge.

NR 211.17(6) (6) Any notification under this section need be submitted only once for each hazardous waste discharged except for notifications of changed discharges under s. NR 211.15 (6).

NR 211.17(7) (7) This section does not apply to wastestreams already reported under the self-monitoring requirements of s. NR 211.15.

NR 211.17(8) (8) If ch. NR 661 is amended to identify additional characteristics of hazardous wastes or list any additional substance as a hazardous waste, any industrial user discharging the newly designated hazardous waste shall notify, in writing, the POTW, the EPA Region V waste management division director and the department’s bureau of waste management of the discharge of the substance within 90 days of the effective date of the new regulations.

NR 211.17 History History: Cr. Register, March, 1992, No. 435, eff. 4-1-92; corrections in (1) (a), (b) and (8) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665; CR 19-082: am. (1) (b) Register July 2020 No. 775, eff. 8-1-20.

NR 211.18 NR 211.18 Defenses.

NR 211.18(1) (1) In any action brought for violation of s. NR 211.10 (1) or (2) (c), (d), (e), (f) or (g), an industrial user shall have an affirmative defense if the industrial user demonstrates that:

NR 211.18(1)(a) (a) The industrial user did not know or have reason to know that its discharge, alone or in conjunction with the discharge or discharges from other sources, would cause pass through or interference; and

NR 211.18(1)(b) (b)

NR 211.18(1)(b)1. 1. A local limit designed to prevent pass through or interference was developed in accordance with s. NR 211.10 (3) (a) for each pollutant in the user’s discharge which caused pass through or interference and the industrial user was in compliance with each local limit prior to and during the pass through or interference; or

NR 211.18(1)(b)2. 2. If a local limit designed to prevent pass through or interference has not been developed in accordance with s. NR 211.10 (3) (a) for the pollutant or pollutants which caused the pass through or interference, the industrial user’s discharge immediately prior to and during the pass through or interference did not substantially change in nature or constituents from the industrial user’s prior discharge activity when the POTW was regularly in compliance with the POTW’s WPDES permit requirements and, in case of interference, applicable requirements for sewage sludge use or disposal.

NR 211.18(2) (2) In any action brought for noncompliance with categorical pretreatment standards, an industrial user shall have an affirmative defense if the industrial user demonstrates all of the requirements of pars. (a) to (d) by properly signed contemporaneous operating logs or other evidence.

NR 211.18(2)(a) (a) The noncompliance was exceptional, unintentional, temporary and beyond the reasonable control of the industrial user;

NR 211.18(2)(b) (b) The industrial user demonstrates that the noncompliance was not caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation;

NR 211.18(2)(c) (c) The industrial user identifies the causes of the noncompliance; and

NR 211.18(2)(d) (d)

NR 211.18(2)(d)1. 1. The industrial user has provided the information listed in subd. 1. a. to c. to the control authority within 24 hours of becoming aware of the noncompliance.

NR 211.18(2)(d)1.a. a. A description of the discharge and the cause of noncompliance;

NR 211.18(2)(d)1.b. b. The exact date and time period of noncompliance or, if not yet corrected, the anticipated time noncompliance is expected to end;