Chapter NR 211

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,

NR 211.25(3)(a)4. 4. pH,

NR 211.25(3)(a)5. 5. Chlorine residual,

NR 211.25(3)(a)6. 6. Specific conductance,

NR 211.25(3)(a)7. 7. Flow measurements.

NR 211.25 Note Note: The requirement in this section to submit data from a certified or registered laboratory is effective on December 28, 1986.

NR 211.25(3)(b) (b) Any POTW operating a pretreatment program shall maintain records of information resulting from all monitoring activities. These records shall include for all samples:

NR 211.25(3)(b)1. 1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;

NR 211.25(3)(b)2. 2. The dates the analyses were performed;

NR 211.25(3)(b)3. 3. The name of the person performing the analyses;

NR 211.25(3)(b)4. 4. The analytical techniques or methods used; and

NR 211.25(3)(b)5. 5. The results of the analyses.

NR 211.25(3)(c) (c) Records and results from all monitoring activities, whether required by this section or not, shall be retained for a minimum of 3 years. This time period shall be extended at the department’s request or during the pendency of any litigation to which the POTW or any industrial user discharging to the POTW is a party. These records shall be made available for inspection or copying to the department and EPA upon request.

NR 211.25(3)(d) (d) A POTW receiving reports from industrial users shall retain the reports for a minimum of 3 years. A POTW shall retain these reports for additional periods at the request of the department or EPA. All reports related to litigation to which the POTW or the reporting industrial user is a party shall be retained until the conclusion of the litigation. These reports shall be made available for inspection or copying to the department and EPA.

NR 211.25(3)(e) (e) POTWs that elect to receive electronic documents shall satisfy the requirements of 40 CFR Part 3 — Electronic Reporting.

NR 211.25(4) (4) POTWs with approved pretreatment programs shall provide the department with a report which describes the POTW’s program activities, including the activities of all participating agencies if more than one jurisdiction is involved in the local program. This report shall be submitted no later than one year after approval of the POTW’s pretreatment program and at least annually thereafter. At a minimum, the report shall include:

NR 211.25(4)(a) (a) The name and address of each industrial user or a list of deletions and additions keyed to a previously submitted list with a brief explanation for each deletion. The list shall include:

NR 211.25(4)(a)1. 1. A list of significant industrial users with reasons for each significant industrial user designation and identification of applicable pretreatment standards for each categorical industrial user;

NR 211.25(4)(a)2. 2. A list of significant industrial users that the POTW has determined to regulate as a nonsignificant industrial user and the reasons for that determination.

NR 211.25(4)(a)3. 3. An identification of categorical users listed in subd. 1 that are subject to reduced reporting requirements under s. NR 211.15 (4) (b) and (c).

NR 211.25(4)(b) (b) A summary of the POTW’s compliance assessment and enforcement activities, including activities such as inspections, sampling and review of slug control plans;

NR 211.25(4)(c) (c) A summary of industrial user compliance over the reporting period;

NR 211.25(4)(d) (d) A summary of changes to the POTW’s program that have not been previously reported to the department; and

NR 211.25(4)(e) (e) Any other information requested by the department.

NR 211.25 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; renum. (3) (intro.) (a) to (e) and (4) and (5) to be (3) (b), (3) (b) 1. to 5. and (3) (c) and (d), cr. (3) (a), Register, April, 1986, No. 364, eff. 8-28-86; am. (3) (a), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) (d), cr. (4), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: am. (2), cr. (3) (e), (4) (a) 3., am. (4) (c), (d), cr. (4) (e) Register January 2014 No. 697, eff. 2-1-14.

NR 211.26 NR 211.26 Confidentiality. Effluent data submitted to the control authority under this chapter shall be a public record within the meaning of s. 19.21, Stats. All other information submitted to the control authority under this chapter shall be a public record unless the information is entitled to confidential treatment under s. 283.55 (2), Stats., and s. NR 2.19 as a trade secret. POTWs operating a pretreatment program must enact ordinances or rules giving them the authority to treat as confidential information which is a trade secret.

NR 211.26 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

NR 211.27 NR 211.27 Pretreatment program modification.

NR 211.27(1) (1) A POTW may initiate a pretreatment program modification at any time to reflect changing conditions in the pretreatment program. Pretreatment program modification is necessary whenever the pretreatment program will be significantly different from the pretreatment program previously approved by the department.

NR 211.27(2) (2) To initiate a modification, the POTW shall submit to the department a statement of the basis for the desired modification, a modified program description and any other documents the department determines to be necessary. The department shall review, public notice and approve or deny the requested modification according to the procedures of s. NR 211.30 (7).

NR 211.27 History History: Cr. Register, March, 1992, No. 435, eff. 4-1-92.

subch. III of ch. NR 211 Subchapter III — Department Activities

NR 211.30 NR 211.30 Pretreatment program approval and removal credit authorization.

NR 211.30(1) (1) Upon receipt of a request from a POTW for pretreatment program approval or removal credit authorization, the department shall perform an initial review to determine the completeness of the submittal. The department shall complete its initial review and inform the POTW whether the submission is sufficient within 60 days. If the submittal is not complete, the department shall notify the POTW of the deficiencies and shall suspend review until the submittal is complete.

NR 211.30(2) (2) Within 20 days after making the initial determination that the POTW submittal meets the requirements of ss. NR 211.22 to 211.26 for pretreatment program approval, or s. NR 211.13 for removal credit authorization, the department shall publish a public notice of receipt of the request or authorization. The notice shall provide an opportunity for the POTW or any interested person to submit written comments or to request a public hearing under s. 283.49, Stats., with respect to the submittal. The public notice shall provide a period of not less than 30 days following the date of public notice during which time written comments and requests for public hearing shall be filed. All written comments received during this time shall be considered in determining whether or not to approve the POTW’s request. The comment period may be extended at the department’s discretion.

NR 211.30(3) (3) The department shall hold a hearing if the requirements of s. 283.49, Stats., are met. Public notice of the hearing shall be provided under s. 283.49, Stats.

NR 211.30(4) (4) The department shall have 90 days from the date of public notice of receipt of any request for approval or authorization submitted in compliance with the requirements of s. NR 211.24 for pretreatment program approval and s. NR 211.13 for removal credit authorization, to review the request for compliance with the requirements of ss. NR 211.22 through 211.26 and s. NR 211.13. The department may have up to 90 days more to complete its review if the comment period provided for in sub. (2) is extended beyond 30 days or if a public hearing is held under s. 283.49, Stats. In no event shall the total time for evaluation exceed 180 days from the date of public notice of receipt of a request for approval or authorization.

NR 211.30(5) (5) At the end of this evaluation and comment period the department shall either approve or disapprove the request for approval or authorization. The department shall publish a notice of determination to approve or disapprove the pretreatment program or removal credit authorization and shall mail copies of the notice to the POTW and to each person who submitted a written comment or participated in the public hearing or who requested a copy of the notice. If the pretreatment program is not approved or if the removal credit authorization is not granted, the notice of disapproval or denial shall state the modifications and revisions necessary to bring the pretreatment program or removal credit request into compliance with applicable requirements.

NR 211.30(6) (6) The department shall make implementation of an approved pretreatment program an enforceable condition in the POTW’s WPDES permit.

NR 211.30(7) (7) 

NR 211.30(7)(a) (a) The department shall use the procedures in par. (b) for approval of any of the following substantial pretreatment program modifications:

NR 211.30(7)(a)1. 1. Modifications that relax POTW legal authorities, as outlined in s. NR 211.22, except for modifications that directly reflect a revision to this chapter or to other state or federal pretreatment requirements and are reported under par. (c);

NR 211.30(7)(a)2. 2. Modifications that relax local limits, except for pH and reallocations of maximum allowable industrial loadings that do not increase the total industrial loadings of a pollutant and are reported under par. (c);

NR 211.30(7)(a)3. 3. Changes to the POTW’s control mechanism;