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 NoteNote: 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 HistoryHistory: 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 200.04NR 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 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (1) and (2), Register, December, 1995, No. 480, eff. 1-1-96. NR 200.05NR 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 NoteNote: 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 HistoryHistory: 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 200.06NR 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(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 HistoryHistory: 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 200.065NR 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. NR 200.065(1)(a)(a) Samples shall be as representative of normal effluent quality as possible. NR 200.065(1)(b)(b) Minimum monitoring requirements for each type of point source that conveys a wastewater discharge are specified in Table 1. 1Primary industries are required to test only those GC/MS fractions that are specified in 40 CFR 122, Appendix D, revised Table 1. NR 200.065(1)(c)(c) Persons collecting multiple samples for a pollutant shall allow at least a 24 hour interval between consecutive samples. NR 200.065(1)(d)(d) The department may require the applicant to monitor 11 times for chloride for major municipal discharges or minor municipal discharges when the source of wastewater is from hard water communities, or for industrial process wastewater discharges from dairies, canneries, meat processors, water utilities that utilize ion-exchange water softening and other industrial categories expected to have high chloride levels. NR 200.065(1)(e)(e) The department may require the applicant to monitor 4 times for the metals arsenic, cadmium, lead, nickel and zinc for major municipal discharges or minor municipal discharges when levels of those metals measured in the wastewater treatment system sludge from a facility are abnormally high compared with other similar facilities in the state. NR 200.065(1)(f)(f) The department may require the applicant to monitor for the dioxin and furan congeners listed in s. NR 106.115 (2) for a major municipal discharge or minor municipal discharge when sources of wastewater include a pulp or paper mill or both, a leather tannery, a petroleum refinery or an organic chemical manufacturer or for a primary industrial discharge if the industry is a pulp or paper mill or both, a leather tannery, a petroleum refinery or an organic chemical manufacturer. NR 200.065(1)(g)(g) The department may require monitoring for any other pollutant not specified in Table 1 if its presence could be reasonably expected based on wastewater sources. NR 200.065(1)(h)(h) An applicant for permit reissuance may apply test data collected to fulfill current permit required monitoring or data collected for other reasons to fulfill these requirements if: NR 200.065(1)(i)(i) Unless the monitoring is required by federal regulations, the department may exempt applicants from some or all of the monitoring requirements in this subsection for reasons including, but not limited to, any of the following: NR 200.065(1)(i)1.1. Parameters such as flow, hardness or pH measured in the discharge or receiving water would result in proposed effluent limitations for a pollutant much greater than anticipated discharge levels for that pollutant, based upon measurements from similar discharges. NR 200.065(1)(i)2.2. Proposed effluent limitations for a pollutant would be much greater than anticipated discharge levels for that pollutant, based on previous measurements made since significant facility changes have occurred. NR 200.065(1)(i)3.3. Previous monitoring from similar facilities indicate the absence of significant quantities of a pollutant or class of pollutants. NR 200.065(2)(2) New discharge. The department may require a person applying for a new discharge permit to conduct pilot studies or other tests or provide effluent data from similar facilities to project pollutant levels in the proposed discharge. NR 200.065 HistoryHistory: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 17-002: am. Table 1 Register April 2018 No. 748, eff. 5-1-18. NR 200.07(1)(1) Application for a discharge permit shall be in a form approved by the department. Different application forms are used to provide information from different types of sources of discharge. The department may prescribe forms prepared by the environmental protection agency for use when appropriate or may modify such forms as necessary. NR 200.07(2)(2) Application forms may be obtained by contacting the department. NR 200.07 NoteNote: Persons may obtain application forms by writing to the department regional office or the Department of Natural Resources, Bureau of Watershed Management, Box 7921, Madison, Wisconsin 53707 or by calling one of those offices. Persons requesting an application form should say they wish to apply for a WPDES permit and provide their name, address, telephone number and a brief description of the facility which will generate the wastewater discharge.
NR 200.07(3)(3) Application forms shall be filed with the department at the address provided on the application. NR 200.07(4)(4) Persons submitting application forms or electronic permit application agreements to the department shall sign the form or agreement and certify to the accuracy of the information pursuant to s. NR 205.07 (1) (g). NR 200.07(5)(a)(a) Applications for new or existing manufacturing, commercial, mining, silvicultural, and non-contact cooling water dischargers, sewage sludge generators, and publicly owned treatment works. In addition to any other information required under ch. 283, Stats., or other WPDES permit application regulations, an owner or operator of a facility applying for a WPDES permit shall submit the information specified in 40 CFR 122. 21(f) through (h), (j), (k) and (q) that is required for the applicant’s type of discharge. The applicant shall submit this information on the application form in sub. (1), or as an attachment to the form. NR 200.07(5)(b)(b) Applications for discharges from aquatic animal production facilities. In addition to any available monitoring data, owners or operators of aquatic animal production facilities shall include the all of following information in the permit application: NR 200.07(5)(b)4.4. For each species of aquatic animal, the total yearly and maximum harvestable weight. NR 200.07(5)(b)5.5. The calendar month of maximum feeding and the total mass of food fed during that month. NR 200.07 NoteNote: Application requirements for concentrated animal feeding operations are included in ch. NR 243. Additional application requirements for stormwater sources are found in ch. NR 216. Application requirements for facilities with cooling water intake structures may be found in 40 CFR 122.21(r). NR 200.07 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (1), (4) (intro.), Register, November, 1996, No. 491, eff. 12-1-96; am. (2) to (4), Register, November, 1999, No. 527, eff. 12-1-99; CR 17-002: cr. (5) Register April 2018 No. 748, eff. 5-1-18. NR 200.09NR 200.09 Incomplete application. The department may require an applicant to submit data necessary to complete any deficient application, may require any additional data other than that requested in the application or may require the applicant to submit a complete new application where the deficiencies are extensive or the appropriate form has not been used. Within 60 days of the date of receipt of a request from the department for additional data, the applicant shall submit the data. A permit may not be issued until a complete application is submitted to the department. A permit application will not be considered complete until the requirements of s. 23.11, Stats., and ch. NR 150 are met, and all required information is submitted. NR 200.09 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. Register, December, 1995, No. 480, eff. 1-1-96; am. Register, November, 1999, No. 527, eff. 12-1-99. NR 200.10NR 200.10 Time periods for action on permit applications and modification requests. NR 200.10(1)(1) Within 100 business days of receipt of a complete permit application or request for modification of an existing permit the department shall publish a class 1 notice under ch. 985, Stats., indicating its intended action. NR 200.10(2)(2) Where a complete reissuance application has been received at least 180 calendar days prior to the permit expiration date, the department shall, at least 25 business days prior to the expiration date, publish a class 1 notice under ch. 985, Stats., indicating its intended action. Where a complete reissuance application is not received at least 180 calendar days prior to the permit expiration date, the time deadline in sub. (1) shall apply. NR 200.10(3)(3) The department’s final decision on a permit application or request for modification shall be made within 50 business days after completion of the hearing process under s. 283.49, Stats., and consideration of the environmental impact of the project as required by s. 1.11, Stats. NR 200.10(4)(4) The time deadlines in subs. (1) to (3) are not applicable to permit applications or modification requests submitted to the department by a municipality. NR 200.10 NoteNote: One hundred business days is approximately 140 calendar days; 50 business days is approximately 70 calendar days; 25 business days is approximately 30 calendar days.
NR 200.10(5)(5) The time deadlines in sub. (2) are not applicable if the department determines, pursuant to s. 283.53, Stats., that the permittee is not in substantial compliance with all the terms, conditions, requirements and schedules of compliance of the expiring permit. NR 200.10 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; cr. (5), Register, November, 1999, No. 527, eff. 12-1-99. NR 200.11(1)(1) Once an application is complete, the department shall tentatively decide whether to prepare a draft permit or to deny the application. NR 200.11(2)(2) If the department tentatively decides to deny the permit application, the department shall issue a notice of intent to deny. A notice of intent to deny the permit application shall follow the same procedures as any draft permit prepared under this section. If the department’s final decision is that the tentative decision to deny the permit application was incorrect, the department shall withdraw the notice of intent to deny and proceed to prepare a draft permit under sub. (4). NR 200.11(3)(3) If the department tentatively decides to issue a WPDES permit, a draft permit shall be prepared under sub. (4). NR 200.11(4)(4) A draft permit shall contain terms and conditions required pursuant to ch. 283, Stats., and all rules promulgated pursuant to ch. 283, Stats. NR 200.11(5)(5) All draft permits prepared by the department under this section shall be accompanied by a fact sheet if required under ch. NR 201. The department shall provide public notice of the draft permit and fact sheet, and opportunity for a public hearing under ch. NR 203 and ch. 283, Stats. NR 200.11 HistoryHistory: CR 14-027: cr. Register July 2015 No. 715, eff. 8-1-15; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715. NR 200.20(1)(1) When the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13 (5), Stats., the permittee may apply to the department for a variance from the water quality standard used to derive the limitation. NR 200.20(2)(2) In order to obtain a variance, a permittee shall demonstrate, by the greater weight of credible evidence, that attaining the water quality standard is not feasible because of one or more of the following: NR 200.20(2)(a)(a) Naturally occurring pollutant concentrations prevent the attainment of the standard. NR 200.20(2)(b)(b) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the standard, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating water conservation requirements.
