Chapter NR 200

NR 200.02 NR 200.02 Definitions. For the purpose of this chapter the following definitions are applicable:

NR 200.02(1) (1) “Business days” means each day except Saturday; Sunday; January 1; the third Monday in January, which shall be the day of celebration for January 15; the last Monday in May, which shall be the day of celebration for May 30; July 4; the first Monday in September; the 4th Thursday in November; December 24; December 25; December 31; and the day following if January 1, July 4 or December 25 falls on Sunday.

NR 200.02(2) (2) “Cooling water” means water which has been used primarily for cooling but which may be contaminated with process waste or airborne material. Examples are the discharge from barometric condensers or the blowdown from cooling towers.

NR 200.02(3) (3) “Department” means the department of natural resources.

NR 200.02(4) (4) “Discharge of pollutant” or “discharge of pollutants” means any addition of any pollutant to the waters of this state from any point source, including the land application of sludge.

NR 200.02(5) (5) “Limit of detection” means the lowest concentration level that can be determined to be statistically different from a blank.

NR 200.02(6) (6) “Limit of quantitation” means the level above which quantitative results may be obtained with a specified degree of confidence.

NR 200.02 Note Note: The limit of quantitation is established as defined under s. NR 149.48 (3).

NR 200.02(7) (7) “Major municipal discharge” means a point source discharge with an average daily volume equal to or greater than one million gallons per day of either municipal wastewater from a publicly owned treatment works or of domestic wastewater from a privately owned treatment works.

NR 200.02(8) (8) “Minor municipal discharge” means a point source discharge with an average daily volume less than one million gallons per day of either municipal wastewater from a publicly owned treatment works or domestic wastewater from a privately owned treatment works.

NR 200.02(9) (9) “Municipality” means any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes or other wastes.

NR 200.02(10) (10) “Noncontact cooling water” means water used for cooling which does not come into contact with any raw material, intermediate or finished product, or waste and has been used in heat exchangers, air or refrigeration compressors, or other cooling means where contamination with process waste is not normally expected.

NR 200.02(11) (11) “Permit” means a permit for the discharge of pollutants issued by this department.

NR 200.02(12) (12) “Person” means an individual, owner or operator, corporation, partnership, association, municipality, interstate agency, state agency, or federal agency.

NR 200.02(13) (13) “Point source” means any discernible, confined and discrete conveyance, including but not limited to any pipe, outfall, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants may be discharged either into the waters of this state or into a publicly owned treatment works, except for a conveyance that conveys only storm water.

NR 200.02(14) (14) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

NR 200.02(15) (15) “Primary industry” means an industrial facility or activity that is encompassed by one of the industrial categories listed in 40 CFR 122, Appendix A.

NR 200.02(16) (16) “Results” includes measurements, determinations and information obtained or derived from tests.

NR 200.02(17) (17) “Secondary industry” means an industrial facility or activity that is not classified as a primary industry. 

NR 200.02(18) (18) “Surface waters” means waters of the state except wells and other groundwater. Cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters are also excluded from this definition.

NR 200.02(19) (19) “Treatment works” means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage, sewage sludge or industrial waste of a liquid nature or necessary to recycle or reuse water at the most economical cost over the estimated life of the work, including intercepting sewers, outfall sewers, sewage collection systems, cooling towers and ponds, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment. Additionally, “treatment work” means any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems.

NR 200.02(20) (20) “Waters of the state” means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.

NR 200.02 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (3) and (9), Register, December, 1995, No. 480, eff. 1-1-96; am. (1), renum. (2) to (10) to be (3), (4), (9), (11), (12), (13), (14), (19) and (20) and am. (13), cr. (2), (5) to (8), (10) and (15) to (18), Register, November, 1999, No. 527, eff. 12-1-99.

NR 200.024 NR 200.024 Use of information.

NR 200.024(1) (1) Data submitted in the applications or as part of additional information submittals shall be used as a basis for issuing discharge permits or variances.

NR 200.024(2) (2) All information contained in an application other than that specified as confidential shall be available to the public for inspection and copying. All confidential information, so identified, shall be set forth in separate documents. Effluent data may not be deemed confidential information. Effluent data includes the name and address of the permittee, the permit, the permit application, and any effluent report or information in the department’s files, that identifies the amount, frequency and characteristics of the pollutants discharged. Confidential treatment will be considered only for that information identified as such in documents separate from nonconfidential information which meets the requirements of s. 283.55 (2) (c), Stats., and for which written application for confidentiality has been made pursuant to s. NR 2.19.

NR 200.024 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (2), Register, December, 1995, No. 480, eff. 1-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; renum. from NR 200.08 and am. (1), Register, November, 1999, No. 527, eff. 12-1-99.

NR 200.027 NR 200.027 Analytical methods and laboratory requirements.

NR 200.027(1) (1) Methods used for analysis of samples shall be those specified as approved in ch. NR 219. Where more than one approved method exists, the department may require the applicant to repeat testing using a more sensitive approved method if results are reported as not detected.

NR 200.027(2) (2) The applicant shall submit, with all monitoring results, appropriate quality control information, as specified in the permit application or s. NR 200.22 (1) (f).

NR 200.027(3) (3) The applicant shall report numerical values for all monitoring results greater than the limit of detection, as determined by a method specified by the department, unless analyte-specific instructions in the current WPDES permit specify otherwise. The applicant shall appropriately identify all results greater than the limit of detection but less than the limit of quantitation.

NR 200.027(4) (4) Except for those tests excluded in s. NR 219.037, laboratory testing shall be performed by a laboratory registered or certified under ch. NR 149.

NR 200.027 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2015 No. 713.

subch. II of ch. NR 200 Subchapter II — Application for Discharge Permits

NR 200.03 NR 200.03 Applicability and exclusions.

NR 200.03(1) (1) An application for a discharge permit shall be filed by any person who discharges or proposes to discharge any pollutant from a point source to the waters of the state, or who land applies or disposes of sludge as specified in ch. NR 204, unless the discharge is excluded under sub. (3). Discharges for which applications are required include, but are not limited to:

NR 200.03(1)(a) (a) Discharge of any pollutant to any surface water;

NR 200.03(1)(b) (b) Discharge of any pollutant including cooling waters to any surface water through any storm sewer not discharging to a publicly owned treatment works;

NR 200.03(1)(c) (c) Discharge of pollutants for the purpose of disposal, treatment, land application of sludge or containment on land areas including land disposal systems such as, but not limited to, ridge and furrow, land spreading, spray irrigation, and absorption pond systems;

NR 200.03(1)(d) (d) Discharge of pollutants to waters of the state from agriculture as specified in ch. NR 243;

NR 200.03(2) (2) Where the discharge of pollutants as set forth in sub. (1) is by hauling, the applications shall be filed by the persons responsible for the origin or treatment of the pollutants. If a person hauling sludge changes the characteristics of the sludge such that they become a generator under ch. NR 204, then that person shall apply for a permit.

NR 200.03(3) (3) The following discharges are exempt from the requirement of sub. (1):

NR 200.03(3)(a) (a) Discharges to publicly owned treatment works;

NR 200.03(3)(b) (b) Sewage discharged from vessels;

NR 200.03(3)(c) (c) Discharges from properly functioning marine engines;

NR 200.03(3)(d) (d) Discharges of domestic sewage to disposal systems, such as to septic tanks and drain fields, defined as private sewage systems in s. 145.01 (12), Stats., with a design capacity of 12,000 gallons per day or less;

NR 200.03(3)(e) (e) The disposal of septic tank pumpage and other domestic waste to the extent that it is regulated by ch. NR 113. This does not exempt centralized septage treatment facilities which are required to obtain a permit under ch. NR 204 or where storm water permit coverage is required under ch. NR 216.

NR 200.03(3)(f) (f) The disposal of solid wastes, including wet or semi-liquid wastes, at a site or operation licensed pursuant to chs. NR 500 to 538, except as required for municipal sludge in ch. NR 204 or where storm water permit coverage is required under ch. NR 216.

NR 200.03(3)(g) (g) Discharges from private alcohol fuel production systems as exempted in s. 283.61, Stats.;

NR 200.03 Note Note: This note clarifies that the statutory exemption that is referenced in s. NR 200.03(3)(g) does not apply if there is a discharge from a private alcohol fuel production system that would require NPDES permit coverage under the Clean Water Act and federal regulations. Under federal regulations and the CWA, NPDES permit coverage is required for any point source discharge of a pollutant that reaches waters of the United States. For the private alcohol fuel production system exemption in Wis. Stat. s. 283.61(2) to apply, the discharge of pollutants or disposal must be “confined to the property of the person” and therefore there would be no discharge of pollutants to waters of the United States that would require NPDES permit coverage under federal law.

NR 200.03(3)(h) (h) Discharges which have been included under the provisions of a general permit to the extent that all conditions of the general permit are met.

NR 200.03(3)(i) (i) Discharges of storm water permitted under ch. NR 216.

NR 200.03(4) (4) For the purpose of calculating the design capacity in sub. (3) (d), one of the following methods shall be used:

NR 200.03(4)(a) (a) Residential design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving residential dwellings shall be deemed equivalent to 85 bedrooms. Residential dwellings include one- and 2-family dwellings, multi-family dwellings and mobile homes.

NR 200.03(4)(b) (b) Commercial design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving commercial facilities shall be calculated on a case-by-case basis depending on the type and size of commercial establishment.

NR 200.03(4)(c) (c) Combined dwellings design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving dwellings with combined residential and commercial uses shall be calculated by prorating the number of bedrooms on the basis of 85 bedrooms equaling 12,000 gallons per day for the residential dwellings and the estimated commercial wastewater flow calculated on a case-by-case basis depending on the type and size of commercial establishment to be served.

NR 200.03(5) (5) When calculating design capacity under sub. (4), if one private sewage system is located near another private sewage system, the design capacities of each of the systems shall be added together if the perimeter of the distribution cell of one system is less than 1,500 feet from the perimeter of a distribution cell of another system and the systems are under the same ownership. In this paragraph, a distribution cell is the dimensional zone that is part of a private sewage system’s treatment or dispersal component where wastewater is disseminated into in situ soil or engineered soil. In this subsection, ownership means a person, group of persons, a partnership or corporation.

NR 200.03 Note Note: Any ambiguity regarding whether a system is under the same ownership shall be resolved by the department and the department of safety and professional services on a case-by-case basis.

NR 200.03 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; r. and recr. (3) (d), Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (intro.), (c), (2), (3) (e) and (f), Register, December, 1995, No. 480, eff. 1-1-96; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; am. (1) (a) and (3) (f), cr. (3) (i), Register, November, 1999, No. 527, eff. 12-1-99; am. (3) (d), cr. (4) and (5), Register, January, 2000, No. 529, eff. 2-1-00; correction in (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 09-123: am. (1) (intro.) Register July 2010 No. 655, eff. 8-1-10.

NR 200.04 NR 200.04 Reporting of existing discharges.

NR 200.04(1) (1) Any person discharging pollutants into waters of the state, for which an application is required under s. NR 200.03 (1) (a) and (b), shall have had a complete application on file with the department at least 180 days prior to the date on which the person commenced the discharge.

NR 200.04(2) (2) Any person discharging pollutants into waters of the state, for which a complete application is required under s. NR 200.03 (1) (c), shall have had a complete application on file with the department at least 180 days prior to the date on which the person commenced the discharge.

NR 200.04(3) (3) Any person discharging pollutants into waters of the state, for which an application is required under s. NR 200.03 (1) (d), shall have a complete application on file with the department no later than 90 days following receipt of the application.

NR 200.04 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (1) and (2), Register, December, 1995, No. 480, eff. 1-1-96.

NR 200.05 NR 200.05 Reporting of new discharges. Pursuant to s. 283.59, Stats.:

NR 200.05(1) (1) Any permittee discharging pollutants into waters of the state shall give notice to the department at least 180 days prior to any facility expansion, production increase, or process modification which will result in a new or increased discharge of one or more pollutants.

NR 200.05(1)(a) (a) If the new or increased discharge will result in exceeding or violating any effluent limitation of the existing permit for the discharge, the permittee shall file a new application with the department pursuant to s. 283.37, Stats., for the purpose of obtaining either a modification of the existing permit or the issuance of a new permit.

NR 200.05(1)(b) (b) If the new or increased discharge will not result in exceeding or violating any effluent limitations of the permit, the permittee shall give notice in the form of a letter addressed to the department. The letter shall refer to the number and expiration date of the existing permit, describe the proposed expansion, production increase, or process modification, and include a statement that no effluent limitation of the permit will be exceeded or violated. The letter of notification shall be signed in accordance with s. NR 200.07 (4).

NR 200.05 Note Note: The letter required in par. (b) may be mailed to the appropriate regional office or to the Department of Natural Resources, Bureau of Watershed Management, Box 7921, Madison, Wisconsin 53707.

NR 200.05(2) (2) Any permittee who has ceased to discharge and who intends to recommence a discharge, for which an application is required under s. NR 200.03, whether under the former or new ownership or management, shall file a complete application with the department no later than 180 days prior to the date on which the permittee intends to recommence discharge.

NR 200.05(3) (3) Any person who intends to commence a new discharge, for which an application is required under s. NR 200.03, shall file a complete application with the department no later than 180 days prior to the date on which the person intends to commence discharging.

NR 200.05(4) (4) Any person discharging, or intending to commence discharging, into a publicly or privately owned treatment works who is or will become subject to the discharge reporting requirements of s. 283.37 (4), Stats., shall give notice of the following, to the department and the owner or operator of the treatment works, using the form prescribed in ch. NR 202, at least 180 days prior to:

NR 200.05(4)(a) (a) Any introduction of pollutants into the treatment works from any source, or

NR 200.05(4)(b) (b) Any introduction of types or volumes of pollutants into the treatment works which were not described in the report submitted under s. 283.37 (4), Stats.

NR 200.05(5) (5) The owner or operator of a publicly or privately owned treatment works receiving a notice under sub. (4) is subject to sub. (1) and shall also include in the notice information on the quality and quantity of effluent to be introduced into the treatment works, and any anticipated impact of the pollutants on the quantity and quality of effluent and sludge to be discharged from the treatment works.

NR 200.05 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (4) (intro.) and (a) and (5), Register, December, 1995, No. 480, eff. 1-1-96; correction in (1) (a) and (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; am. (intro.), (1) (b) and (4) (intro.), Register, November, 1999, No. 527, eff. 12-1-99.

NR 200.06 NR 200.06 Application for reissuance.

NR 200.06(1) (1) Pursuant to s. 283.53 (3), Stats., a permittee who wishes to continue to discharge after the expiration of the permit shall file an application with the department for reissuance of the permit at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.

NR 200.06(2) (2) The application for reissuance of a permit shall be submitted electronically using the department’s web-based application system and shall be signed in accordance with s. NR 200.07 (4).

NR 200.06 Note Note: The department’s web-based application system can be accessed at: http://dnr.wi.gov/topic/Switchboard/

NR 200.06(3) (3) Data or information supplied in or with the application for reissuance and additional data or information which may be requested in accordance with s. NR 200.09, will be used as set forth in s. NR 200.024.

NR 200.06(4) (4) The department may require an applicant to report on application forms any information the department needs to correspond with the applicant or assemble the permit components or conditions appropriate for the particular discharge including:

NR 200.06(4)(a) (a) General facts about the applicant or facility, including coverage under other environmental permits, sources of wastewater and information on the treatment system for which a permit is requested.

NR 200.06(4)(b) (b) Data available to the applicant through information searches or measurements taken by the applicant.

NR 200.06(4)(c) (c) Information obtained by the applicant as a result of requirements in previous permits.

NR 200.06(4)(d) (d) Information on results of testing, including quality control information, obtained by the applicant through investigations, such as pilot studies or effluent or ambient monitoring.

NR 200.06 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (2), Register, November, 1996, No. 491, eff. 12-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; cr. (4), Register, November, 1999, No. 527, eff. 12-1-99; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; CR 09-123: am. (2) Register July 2010 No. 655, eff. 8-1-10.

NR 200.065 NR 200.065 Application monitoring requirements for discharges to surface waters.

NR 200.065(1) (1) Existing discharges. An applicant for permit issuance or reissuance with an existing discharge to surface waters shall monitor as follows and report the monitoring results on application forms.