Chapter NR 211

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;

NR 211.235(4)(b)4.b. b. Inspect and maintain storage areas;

NR 211.235(4)(b)4.c. c. Handle and transfer materials;

NR 211.235(4)(b)4.d. d. Control loading and unloading operations;

NR 211.235(4)(b)4.e. e. Control plant site run-off; and

NR 211.235(4)(b)4.f. f. Train workers.

NR 211.235(4)(b)5. 5. Any necessary measures for building containment structures or equipment;

NR 211.235(4)(b)6. 6. Any additional measures necessary to contain toxic organic pollutants, including solvents;

NR 211.235(4)(b)7. 7. Any necessary procedures and equipment for emergency response; and

NR 211.235(4)(b)8. 8. Any necessary practices to limit the damage suffered by the treatment plant or the environment after a slug discharge.

NR 211.235 History History: Cr. Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: renum. (1) (intro.) and (a) to (g) to (1) (am) (intro.) and 1. to 7. and am. (intro.), 3., 6., 7., cr. (1) (am) 8., (b) to (d), renum. (3) to (3) (intro.) and am., cr. (3) (a) to (c), am. (4) (a) Register January 2014 No. 697, eff. 2-1-14.

NR 211.24 NR 211.24 Requests for pretreatment program approval.

NR 211.24(1) (1) A POTW requesting approval of its pretreatment program shall submit to the department in triplicate a description of the pretreatment program containing the following:

NR 211.24(1)(a) (a) A statement from the POTW’s attorney that the POTW has adequate legal authority to carry out the pretreatment program. This statement shall identify the POTW’s source of those legal powers required under s. NR 211.22, and shall identify the manner in which the POTW will implement the requirements of s. NR 211.23.

NR 211.24(1)(b) (b) A copy of all statutes, ordinances, regulations, contracts, agreements, and other written legal authority relied upon by the POTW for its administration of the pretreatment program.

NR 211.24(1)(c) (c) A statement reflecting approval of the POTW’s pretreatment program by the local governmental bodies responsible for supervising and funding the pretreatment program.

NR 211.24(1)(d) (d) A brief description, including organizational charts, of the POTW or other governmental bodies which will administer the pretreatment program, and their respective responsibilities.

NR 211.24(1)(e) (e) A description of the funding for the pretreatment program and full and part-time positions available to implement the program.

NR 211.24(2) (2) The department may grant conditional approval of the pretreatment program pending the acquisition of funding and personnel for certain elements of the program provided that the conditions of pars. (a) through (c) are met. The POTW must submit a written request for conditional approval containing, in addition to the information required in sub. (1), facts to support a conclusion that the conditions set forth in pars. (a) through (c) are met. The conditional approval of the POTW pretreatment program may be withdrawn if funding and personnel are not acquired by a date established by the department.

NR 211.24(2)(a) (a) The delayed funding and hiring of personnel is directly related to an aspect of the program which the POTW is not required to implement immediately.

NR 211.24(2)(b) (b) The POTW has adequate legal authority and procedures to carry out those aspects of the program which will not be implemented immediately.

NR 211.24(2)(c) (c) Funding and personnel for those aspects of the program to be implemented at a later date will be available when needed. The POTW shall describe the mechanism by which the funding will be acquired.

NR 211.24 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

NR 211.25 NR 211.25 Reporting requirements.

NR 211.25(1) (1) The POTW shall submit interim program development documents to the department as required by the compliance schedule in its WPDES permit. If a required interim document has not been submitted on time, the POTW shall indicate the date by which it expects to complete the document, the reasons for delay, and the steps taken to return to the established schedule.

NR 211.25(2) (2) Documents submitted in accordance with this section shall be signed by a principal executive officer, ranking elected official, or a duly authorized employee if the employee is responsible for the overall operation of the POTW or the pretreatment program. This authorization shall be made in writing by the principal executive officer or ranking elected official and submitted to the department prior to or together with the report being submitted.

NR 211.25(3) (3) 

NR 211.25(3)(a) (a) Analysis of monitoring samples taken by any POTW operating a pretreatment program shall be performed in accordance with ch. NR 219. Laboratory test results for radiological samples submitted by the POTW 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 POTW to the department shall be performed by a laboratory certified or registered under ch. NR 149. The following tests are excluded from this requirement:

NR 211.25(3)(a)1. 1. Temperature,

NR 211.25(3)(a)2. 2. Turbidity,

NR 211.25(3)(a)3. 3. Bacteria tests in wastewater effluent,