Chapter NR 211

NR 211.19(3)(a)3.b. b. Damage to treatment facilities that would cause them to become inoperable; or

NR 211.19(3)(a)3.c. c. Substantial and permanent loss of natural resources.

NR 211.19(3)(b) (b) No feasible alternatives to the bypass exist, such as use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

NR 211.19(3)(c) (c)

NR 211.19(3)(c)1. 1. If an industrial user knows in advance of the need for a bypass, it notifies the control authority at least 10 days before the bypass if possible or otherwise as soon as possible; or

NR 211.19(3)(c)2. 2. An industrial user orally notifies the control authority of an unanticipated bypass within 24 hours from the time the industrial user becomes aware of the bypass and provides a written submission, within 5 days of the time the industrial user becomes aware of the bypass, containing:

NR 211.19(3)(c)2.a. a. A description of the bypass and its cause;

NR 211.19(3)(c)2.b. b. The duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the time it is expected to end; and

NR 211.19(3)(c)2.c. c. A description of the steps taken or planned to prevent recurrence of the bypass.

NR 211.19 History History: Cr. Register, March, 1992, No. 435, eff. 4-1-92.

subch. II of ch. NR 211 Subchapter II — POTW Requirements

NR 211.20 NR 211.20 Establishment of pretreatment programs. The department may require any POTW with a design flow greater than 5 MGD which receives indirect discharges which pass through or interfere with the POTW’s operations or are subject to pretreatment standards to establish a POTW pretreatment program in accordance with the provisions of ss. NR 211.21 through 211.26. In addition, the department may require any POTW with a design flow of 5 MGD or less to establish such a program or part of such a program if the nature or volume of industrial user contributions, treatment process upsets, violations of POTW effluent limits, contamination of municipal sludge, or other circumstances warrant such a program in order to prevent interference with POTW treatment operations or the pass-through of untreated pollutants or in order to improve opportunities for disposal of municipal sludge. The pretreatment program shall be developed in accordance with a compliance schedule established by the department in the POTW’s WPDES permit which calls for the completion by specific dates of major events leading to the development and implementation of the pretreatment program.

NR 211.20 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

NR 211.21 NR 211.21 Compliance dates. POTWs shall establish pretreatment programs which meet the requirements of ss. NR 211.22 to 211.26 no later than 3 years after the reissuance or modification of an existing WPDES permit to require the development of a pretreatment program, but in no case later than July 1, 1983. A POTW identified after July 1, 1983, as being required to develop a pretreatment program shall develop a pretreatment program which meets the requirements of ss. NR 211.22 to 211.26 and submit it as soon as possible, but not later than one year after written notification from the department that a pretreatment program is required.

NR 211.21 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.22 NR 211.22 Legal authority requirements. Where the department requires a POTW to develop a pretreatment program under this subchapter, the POTW shall operate under legal authority and include procedures, fully enforceable in federal or state courts, which at a minimum enables the POTW to perform the following functions. These authorities and procedures shall be fully exercised and implemented at all times.

NR 211.22(1) (1) Deny or condition new or increased discharge of pollutants, or changes in the nature of pollutants, discharged to the POTW by industrial users where such discharges do not meet applicable pretreatment standards and requirements or where such discharge causes the POTW to violate its WPDES permit.

NR 211.22(2) (2) Require compliance with applicable pretreatment standards and requirements by industrial users.

NR 211.22(3) (3) Control through permit, order, or similar means the discharge to the POTW by each industrial user.

NR 211.22(4) (4) Require the development by industrial users of the compliance schedules required under s. NR 211.15 (1) (g).

NR 211.22(5) (5) Require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements.

NR 211.22(6) (6) Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, whether industrial users are complying with applicable pretreatment standards and requirements. Representatives of the POTW must be authorized to enter any premises of any industrial user in which an effluent source or treatment system is located or in which records are required to be kept, under s. NR 211.15 (8), to assure compliance with pretreatment standards and requirements.

NR 211.22(7) (7) Obtain remedies, including injunctive relief, for any industrial user’s:

NR 211.22(7)(a) (a) Noncompliance with any pretreatment standard or requirement;

NR 211.22(7)(b) (b) Failure to allow the POTW to enter and to carry out inspections and monitoring activities;

NR 211.22(7)(c) (c) Noncompliance with any rule, regulation or order issued by the POTW; or

NR 211.22(7)(d) (d) Noncompliance with any reporting requirement imposed by the POTW or by this chapter.

NR 211.22(8) (8) Have authority to seek or assess civil or criminal penalties in at least the amount of $1,000 per day for each violation of a pretreatment standard or requirement.

NR 211.22(9) (9) After informal notice to the industrial user, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appear to present an imminent danger to the health or welfare of persons.

NR 211.22(10) (10) After notice to the industrial user and an opportunity to respond, halt or prevent any discharge to the POTW which endangers or may endanger the environment or which threatens to interfere with the operation of the POTW.

NR 211.22(11) (11) Comply with the confidentiality requirements of s. NR 211.26.

NR 211.22 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (intro.) and (3), r. and recr. (7), renum. (8) to (10) to be (9) to (11) and am. (10), cr. (8), Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.23 NR 211.23 Procedural requirements.

NR 211.23(1) (1) Where the department requires a POTW to develop a pretreatment program under this subchapter, the POTW shall develop and fully implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the POTW to:

NR 211.23(1)(a) (a) Identify and locate all possible industrial users who might be subject to the pretreatment program.

NR 211.23(1)(b) (b) Reclassify, upon the POTW’s own initiative or in response to a petition from an industrial user, a significant industrial user not subject to categorical pretreatment standards as a nonsignificant industrial user after a finding that the industrial user has no potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

NR 211.23(1)(c) (c) Identify the character and volume of pollutants contributed to the POTW by industrial users.

NR 211.23(1)(d) (d) Notify industrial users of applicable pretreatment standards and requirements including those relating to user charges and solid or hazardous waste disposal.

NR 211.23(1)(e) (e) Receive and analyze self-monitoring reports and other notices submitted by industrial users.

NR 211.23(1)(f) (f) Randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independently of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards.

NR 211.23(1)(g) (g) Develop an enforcement response plan that discusses how the POTW will investigate and respond to instances of industrial user noncompliance. At a minimum, the plan shall:

NR 211.23(1)(g)1. 1. Describe how the POTW will investigate instances of noncompliance;

NR 211.23(1)(g)2. 2. Describe the escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which the responses will take place; and

NR 211.23(1)(g)3. 3. Identify by title the officials responsible for each type of response.

NR 211.23(1)(h) (h) Investigate instances of noncompliance by collecting and analyzing samples and other information with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.

NR 211.23(1)(i) (i) Make the information obtained under pars. (a) to (h) available to the department or EPA upon request.

NR 211.23(1)(j) (j) Annually publish a list of the industrial users that were in significant noncompliance with the applicable pretreatment standards and requirements at any time during the previous 12 months. The list shall be published in a newspaper of general circulation that provides meaningful public notice in the area served by the POTW. A significant industrial user has been in significant noncompliance if: any of the criteria in subds. 1. to 8. apply. A non-significant industrial user has been in significant noncompliance if criteria in subd. 3., 4., or 8. apply.

NR 211.23(1)(j)1. 1. Sixty-six percent or more of all the measurements of the industrial user’s wastewater for the same pollutant taken during a 6 month period exceeded by any magnitude any numeric pretreatment standard or requirement including an instantaneous limit.

NR 211.23(1)(j)2. 2. Thirty-three percent or more of all the measurements of the industrial user’s wastewater for the same pollutant taken during a 6 month period equaled or exceeded the product of the numeric pretreatment standard or requirement including an instantaneous limit multiplied by either 1.4 for BOD, TSS, and fats-oil-grease; 1.2 for all other pollutants except pH; or exceeded a pH limit by .4 standard units.

NR 211.23(1)(j)3. 3. The control authority has reason to believe that the industrial user has caused, alone or in combination with other discharges, interference, pass through or endangerment of the health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement.

NR 211.23(1)(j)4. 4. The industrial user has discharged a pollutant that has caused imminent endangerment to human health, welfare or the environment or has otherwise resulted in the POTW’s exercise of its emergency authority to halt or prevent a discharge.

NR 211.23(1)(j)5. 5. The industrial user failed to meet, by 90 days or more, a milestone date contained in a compliance schedule within a local control mechanism or enforcement order for starting construction, completing construction or attaining compliance.

NR 211.23(1)(j)6. 6. The industrial user has failed to provide within 45 days of a deadline a required report containing all required monitoring results and other information, such as a baseline monitoring report, 90 day compliance report, periodic self-monitoring report or report on compliance with a compliance schedule.

NR 211.23(1)(j)7. 7. The industrial user has failed to accurately report noncompliance.

NR 211.23(1)(j)8. 8. The control authority has determined that any other violation or group of violations, which may include a violation of required best management practices, by the industrial user has adversely affected the operation or implementation of the local pretreatment program.

NR 211.23(2) (2) The POTW shall have sufficient resources and qualified personnel to carry out the authority and procedures described in this section and s. NR 211.22, unless conditional approval of the pretreatment program is requested under s. NR 211.24 (2).

NR 211.23 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. and recr. (1), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: am. (1) (j) Register January 2014 No. 697, eff. 2-1-14.

NR 211.235 NR 211.235 Regulation of significant industrial users. A POTW with an approved pretreatment program shall:

NR 211.235(1) (1) 

NR 211.235(1)(am) (am) Control the discharge from each significant industrial user through individual control mechanisms or, as provided in par. (b), through general control mechanisms. The control mechanism shall have a duration of no longer than 5 years and may not be transferred without prior notification to the POTW. The control mechanism shall contain or contain by reference the following:

NR 211.235(1)(am)1. 1. Statement of duration;

NR 211.235(1)(am)2. 2. Transferability requirements;

NR 211.235(1)(am)3. 3. Effluent limits, including best management practices, based on prohibited discharge standards, categorical pretreatment standards, local limits and state and local law;

NR 211.235(1)(am)4. 4. Requirements for self monitoring, including sampling location, sampling frequency, sample types, record keeping and reporting;

NR 211.235(1)(am)5. 5. Notification requirements for irregular discharges regulated by s. NR 211.15 (7);

NR 211.235(1)(am)6. 6. Any applicable compliance schedule;

NR 211.235(1)(am)7. 7. A description of the civil and criminal penalties for violation of pretreatment standards or requirements; and

NR 211.235(1)(am)8. 8. Requirements to control slug discharges, if determined by the control authority to be necessary.

NR 211.235(1)(b) (b) At the discretion of the POTW, this control may include use of general control mechanisms which contain the elements listed in par. (am) if all facilities to be covered:

NR 211.235(1)(b)1. 1. Involve the same or substantially similar types of operations;

NR 211.235(1)(b)2. 2. Discharge the same types of wastes;

NR 211.235(1)(b)3. 3. Require the same effluent limitations;

NR 211.235(1)(b)4. 4. Require the same or similar monitoring; and

NR 211.235(1)(b)5. 5. Are more appropriately controlled under a general control mechanism than under individual control mechanisms as determined by the control authority.

NR 211.235(1)(c) (c) To be covered by the general control mechanism, the user shall file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any requests in accordance with s. NR 211.15 (4) (b) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the control authority deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general control mechanism until after the control authority has provided written notice to the user that such a waiver request has been granted in accordance with s. NR 211.15 (4) (b). The control authority shall retain a copy of the general control mechanism, documentation to support the determination that a specific user meets the criteria in par. (b) 1. to 5., and a copy of the user’s written request for coverage for 3 years after the expiration of the general control mechanism.

NR 211.235(1)(d) (d) A control authority may not use general control mechanisms for facilities that are subject to production-based categorical standards, standards expressed as mass of a pollutant discharged per day, limits that are based on the combined waste stream formula in s. NR 211.12 or limits that are adjusted for pollutants in intake water in s. NR 211.11 (4).

NR 211.235(2) (2) Within 30 days after identifying an industrial user as a significant industrial user, notify the newly designated significant industrial user of its status and of all requirements applicable to it as a result of its status.

NR 211.235(3) (3) Inspect and sample the effluent from each significant industrial user at least once per year except as otherwise specified below:

NR 211.235(3)(a) (a) Where the POTW has authorized a user subject to a categorical pretreatment standard to forego sampling for a pollutant that is not present in accordance with s. NR 211.15 (4) (b), the POTW shall sample for the waived pollutant at least once during the term of the user’s control mechanism. In the event that the POTW subsequently determines that a waived pollutant is present or is expected to be present in the industrial user’s wastewater based on changes that occur in the user’s operations, the POTW shall immediately begin at least annual effluent monitoring for that pollutant and inspection.

NR 211.235(3)(b) (b) Where the POTW has determined that an industrial user meets the criteria for classification as a non-significant categorical industrial user in accordance with s. NR 211.15 (4) (d), the POTW shall evaluate, at least once per year, whether the industrial user continues to meet those criteria.

NR 211.235(3)(c) (c) Where the POTW has determined that an industrial user is subject to reduced reporting requirements under s. NR 211.15 (4) (c), the POTW shall inspect and sample the effluent from the industrial user at least once every two years. If the industrial user no longer meets the conditions for reduced reporting, the POTW shall immediately begin sampling and inspecting the industrial user at least once a year.

NR 211.235(4) (4) 

NR 211.235(4)(a) (a) Evaluate whether each significant industrial user needs a plan or other action to control slug discharges. For industrial users identified as significant prior to March 3, 2014, this evaluation shall have been conducted by February 1, 2015. Additional significant industrial users shall be evaluated within 1 year of being designated as significant industrial users.

NR 211.235(4)(b) (b) If the POTW determines that a slug control plan is needed, require the industrial user to develop a plan with the following elements:

NR 211.235(4)(b)1. 1. A description of discharge practices, including nonroutine batch discharges;

NR 211.235(4)(b)2. 2. A description of stored chemicals;

NR 211.235(4)(b)3. 3. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition in s. NR 211.10, with procedures for a subsequent written notification within 5 days;

NR 211.235(4)(b)4. 4. Any necessary procedures to:

NR 211.235(4)(b)4.a. a. Prevent accidental spills;