FACT SHEET FOR WPDES PERMITS
NR 201.01 Purpose. The purpose of this chapter is to identify when the department shall prepare a fact sheet for a draft Wisconsin Pollutant Discharge Elimination System (WPDES) permit, and what information shall be included in the fact sheet. The fact sheet describes the discharge to be permitted with a brief explanation of the draft permit’s effluent limits, monitoring requirements, and other conditions. The department shall send a copy of the fact sheet to the applicant and any interested person upon request.
NR 201.02 Applicability. The department shall prepare a fact sheet for each discharge for which it proposes to issue a WPDES individual permit under s. 283.31, Stats., a storm water permit under s. 283.33, Stats., or a general permit under s. 283.35, Stats. A fact sheet does not need to be prepared for each facility that is granted coverage under a general permit that covers a specific category of discharge. NR 201.03 Contents of permit fact sheet. The fact sheet shall include all of the following information if applicable:
(1) The name and address of the applicant and facility location where the discharge occurs.
(2) A statement as to whether the discharge is in existence or is a proposed new discharge or new source.
(3) Justification for any waivers from permit application requirements that were granted.
(4) A brief description of the type of facility and activity resulting in the discharge that is described in the permit application and is subject to the permit requirements.
(5) A sketch or detailed description of the discharge outfall location with respect to the receiving water, surface water or groundwater as applicable.
(6) A description of the type and quantity of discharges regulated under the permit shall include all of the following:
(a) Information about the wastewater sources and by-product solids, biosolids or sludges.
(b) Treatment processes, storage facilities, and outfalls.
(c) The average daily discharge concentration and mass loading where appropriate of any pollutants subject to effluent limitations.
(d) The average daily flow in gallons or millions of gallons per day for continuous flows or the volume and frequency of batch discharges.
(e) The average monthly effluent temperatures for thermal discharge outfalls that may be subject to temperature limitations.
(7) If the tentative determination is to issue a permit all of the following shall be included:
(a) An explanation of the derivation of proposed effluent limitations for those pollutants proposed to be limited including: toxic pollutants, internal waste streams, and indicator pollutants. Include the calculation of any water quality based effluent limitations, technology based limitations, best professional judgment limitations established on a case-by-case basis, and limitations that are established for new sources or new discharges.
(b) Justification for any waivers granted from monitoring any pollutants contained in technology based effluent limit guidelines because the pollutant is not present or is only present at the background level due to the water intake without any increase of the pollutant from the activities of the discharger.
(c) A brief discussion and rationale of any proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations. For schedules to achieve compliance with water quality based effluent limitations, a brief description of treatment technologies or control strategies that may be available to achieve compliance.
(d) A brief summary of and basis for any proposed permit conditions including supporting regulatory or statutory references, which will have a significant impact on the discharge described in the application.
(e) An explanation of the limitations, conditions or standards included in the permit regarding by-product solids, biosolids or sludges, and a description of the land application plan or other means of disposal.
(8) A brief description of the uses for which the receiving waters have been classified and of the applicable water quality standards and effluent limitations.
(9) A statement of the tentative determination to issue or deny a permit.
(10) A description of the procedures for reaching a final decision on the draft permit including all of the following:
(a) The beginning and ending date of the 30 day period for submitting written comments.
(b) The address where comments will be received.
(c) Procedures for requesting a public hearing and a statement on the nature of such hearings.
(d) Any other procedures for public participation in the final determination.
(e) Name and contact information of the person from whom to obtain additional information.
(11) For every permit issued to a privately owned treatment works an explanation of any conditions expressly applicable to any user of the treatment works, as a limited co-permittee, that may be necessary in the permit to ensure compliance. If separate permits are issued to the treatment works and to its users, an explanation of the department’s decision to issue the permits and what conditions are applicable to the treatment works and users.
(12) Any of the following supplemental information shall also be attached to the fact sheet to provide supporting information for permit limits, conditions, or other requirements when applicable to the permitted discharge:
(a) Substantial compliance determination for an existing discharger.
(b) Water quality based effluent limits recommendation with limits calculations.
(c) Water quality variance or alternative effluent limit.
(d) Water intake evaluation for determining compliance with s. 283.31 (6), Stats. (e) Groundwater evaluation of land treatment systems, land application systems, and storage facilities that have an associated monitoring well system.
(f) The assumptions and information used by the department to calculate any mixing zones for the discharge.
(13) If any of the specified fact sheet contents in this section are included in the public notice of the permit, that information may be omitted from the fact sheet. The items identified in subs. (9) and (10) are typically included in the public notice.
SECTION 3. NR 203 Subchapter I (title), NR 203.02 (title), (1), (2), (3) (intro.), (e), (f), (g), (h), (j), and (k) are amended to read:
SUBCHAPTER I
NOTICES OF COMPLETED PERMIT APPLICATIONS AND DRAFT PERMITS
NR 203.02 Public notice of receipt of a completed permit application and draft permit.
NR 203.02 (1) INTENT. Public notice of the receipt of a completed permit application and draft permit is intended to inform interested and potentially interested members of the public of a completed application, the tentative determination to issue or deny the permit as required in s. 283.39, Stats., and the public’s right to obtain additional information, submit written comments, or request a public hearing with respect to issuance of a particular draft permit. Exceptions to the requirements for noticing are provided in s. NR 203.015. Public notice procedures for the issuance of general permits are contained in s. NR 205.08. (2) FORM. The public notice of receipt of a completed permit application and draft permit shall be in writing, with a title identifying the subject of the notice and the number of the application permit.
(3) CONTENT. The notice of receipt of a completed permit application and draft permit shall contain all of the following information:
(e) A brief description of the procedures for the formulation of final determinations reaching a final decision on the draft permit, including the 30-day period for public comment, and the 30-day period for requesting an informational public hearing, and the or the hearing date and location if the department has already decided to hold a hearing. The availability of fact sheets documents including the draft permit, fact sheet and other supporting information shall also be included in the notice.
(f) The name, address, and phone number, and email of the governmental unit contact person issuing the notices.
(g) The name, address, and phone number, email, and Internet Web site where interested persons may obtain further information, request a copy of the fact sheet when applicable, request a copy of the draft permit, fact sheet, and inspect and copy forms and related documents.
(h) A statement that reasonable costs will be charged for copies of all information excluding public notices, permits, and fact sheets.
(j) If applicable, the location of each sludge treatment works treating domestic sewage including those for “sludge only facilities”, the sludge use, the sludge disposal practices, and the location(s) of each sludge use or disposal site(s) known at the time of permit application.
(k) The requirements applicable to cooling water intake structures under 33 USC 1316 (b) 1326 (b), in accordance with and 40 CFR part 125, subparts I, and J. SECTION 4. NR 203.02 (3) (L) and (m) are created to read:
NR 203.02 (3) (L) Information indicating where the completed permit application, draft permit, and fact sheet may be viewed on the department’s Internet Web site.
(m) If the applicant applied for a variance to a water quality standard, a statement regarding the tentative decision to approve or deny the variance. If the tentative decision is to grant the variance, the notice shall also specify which of the conditions specified in s. 283.15 (4) (a) 1. a. to e., Stats., were met, and shall also specify any effects of the variance on the designated use of the water body during the term of the permit. SECTION 5. NR 203.02 (4) (title and intro), (b) and (c) are amended to read:
NR 203.02 (4) CIRCULATION NOTIFICATION. Procedures for circulation of providing public notice of a completed permit application shall include all of the following:
(b) Mailing the notice to the applicant, any user of a privately owned treatment works that was specifically identified in the permit application, and any person or group upon request.
(c) Mailing the notice to individuals and groups on a formal department WPDES permit application mailing list. Requests to be placed on the mailing list shall be directed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921.
SECTION 6. NR 203.02 (4) (d), (e), (f), and (5) are created to read:
NR 203.02 (4) (d) Publication of the notice through an electronic notification system established by the department.
(e) Publication of the notice on the department’s Internet Web site.
(f) To satisfy the mailing requirement of this subsection the department may either send a paper copy of the document in the US mail, or transmit the document electronically by email, provided the person or group does not object to electronic mailing. The document mailed may reference the department’s Internet Web site where additional referenced material can be accessed.
(5) PUBLIC NOTICE DATE. Public notice shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.
SECTION 7. NR 203.03 (title), NR 203.03 (1), (4) (title), and (b) are amended to read:
NR 203.03 Notice of receipt of a completed permit application and draft permit to other government agencies. (1) INTENT. The intent for proved of providing notice of the completed permit application and draft permit to other government agencies is to inform interested and potentially interested federal, state, and local government agencies of a completed application, the tentative determination to issue or deny the permit, and their right to obtain additional information, submit written comments, or request a public hearing with respect to issuance of a particular draft permit. Exceptions to the requirements for noticing are provided in s. NR 203.015. Notification to government agencies of the proposed issuance of general permits shall be in accordance with s. NR 205.08. (4) CIRCULATION NOTIFICATION. The following agencies shall be mailed government agency notices as described above:
(b) United States U.S. army corps of engineers, and U.S. fish and wildlife service.
SECTION 8. NR 203.03 (5) is created to read:
NR 203.03 (5) WAIVER OF NOTICE AND ELECTRONIC NOTICE. Any agency in sub. (4) may waive the right to receive notice or may consent to receive notices electronically.
SECTION 9. NR 203.05 (1) (d) and (e), (2) (intro.), (3), (4), and (5) are amended to read:
NR 203.05 (1) (d) Any person.
(e) Any group of persons less than 5. Fewer than 5 persons.
(2) MANDATORY HEARING. The department shall schedule a public hearing on any permit if any of the following occur:
(3) FORM OF REQUEST OR PETITION. Any request or petition for hearing filed pursuant to this section shall be in writing and dated. The request or petition for hearing shall indicate the number of the draft permit, the interest of the party filing the request or petition, the issues that the party desires to be considered at the hearing and the reason why a hearing is warranted and the number of the proposed permit or application.
