Chapter NR 211

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;

NR 211.30(7)(a)4. 4. A decrease in the frequency of self-monitoring or reporting required of industrial users;

NR 211.30(7)(a)5. 5. A decrease in the frequency of industrial user inspections or sampling by the POTW;

NR 211.30(7)(a)6. 6. Changes to the POTW’s confidentiality procedures; and

NR 211.30(7)(a)7. 7. Other modifications designated as substantial by the department on the basis that the modification could have a significant impact on the operation of the POTW’s pretreatment program, result in an increase in pollutant loadings at the POTW or result in less stringent requirements being imposed on industrial users of the POTW.

NR 211.30(7)(b) (b) The department shall approve or disapprove the modifications listed in par. (a) using the procedures in subs. (1) to (5) except as provided in subds. 1. and 2. The modification shall become effective upon approval by the department.

NR 211.30(7)(b)1. 1. The department need not publish a notice of decision under sub. (5) provided:

NR 211.30(7)(b)1.a. a. The notice of request for approval under sub. (2) states that that the request will be approved if no comments are received by the date specified in the notice;

NR 211.30(7)(b)1.b. b. No substantive comments are received; and

NR 211.30(7)(b)1.c. c. The request is approved without change.

NR 211.30(7)(b)2. 2. Notices required by subs. (2) and (5) may be performed by the POTW provided that the department finds that the notice otherwise satisfies the requirements of those subsections.

NR 211.30(7)(c) (c) For modifications not listed in par. (a) and that are not considered substantial the following procedures will be used.

NR 211.30(7)(c)1. 1. The POTW shall notify the department of any non-substantial modifications at least 45 days prior to implementation in a statement as described in s. NR 211.27.

NR 211.30(7)(c)2. 2. Within 45 days after receipt of the POTW’s statement the department shall notify the POTW of its decision to approve or disapprove the non-substantial modification or to treat the modification as substantial under par. (a). If the department does not notify the POTW within 45 days of its decision, the POTW may implement the modification.

NR 211.30(7)(d) (d) After approval by the department, the modification shall be incorporated into the POTW’s WPDES permit.

NR 211.30 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. Register, September, 1986, No. 369, eff 10-1-86; am. (1) and (2), cr. (6) and (7), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: r. and recr. (7) Register January 2014 No. 697, eff. 2-1-14.

NR 211.31 NR 211.31 Department activities in the absence of a pretreatment program.

NR 211.31(1) (1) In the absence of a pretreatment program, the department may:

NR 211.31(1)(a) (a) Identify and locate all possible industrial users which might be subject to pretreatment standards or requirements.

NR 211.31(1)(b) (b) Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under par. (a).

NR 211.31(1)(c) (c) Notify industrial users identified under par. (a) of applicable pretreatment standards and of any applicable solid or hazardous waste disposal requirements under chs. 289 and 291, Stats.

NR 211.31(1)(d) (d) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements of s. NR 211.15.

NR 211.31(1)(e) (e) 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 211.31(1)(f) (f) Investigate instances of noncompliance with pretreatment standards and requirements indicated in the reports and notices required under s. NR 211.15.

NR 211.31(1)(g) (g) Annually publish the names of industrial users that meet any of the criteria in s. NR 211.23 (1) (j) 1. to 8. The list of industrial users shall be published in the newspaper with the largest circulation in the municipality in which the industrial user is located.

NR 211.31(2) (2) At the discretion of the department, portions of the pretreatment program responsibility may be delegated to the POTW, with the department implementing those portions not delegated to the POTW.

NR 211.31 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (1) (g), Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.32 NR 211.32 Supplemental compliance monitoring and enforcement activities.

NR 211.32(1) (1) In cases where a POTW has a pretreatment program the department may perform such activities as are necessary to ensure that pretreatment standards and requirements are being properly implemented and enforced by the POTW. These activities may include but are not limited to:

NR 211.32(1)(a) (a) Review of monitoring reports submitted by the industrial users and POTW as required by ss. NR 211.15 and 211.25; and

NR 211.32(1)(b) (b) Periodic inspection, surveillance, and monitoring of POTW and industrial user operations.

NR 211.32(2) (2) In cases in which the POTW has failed to seek judicial relief for violations of its ordinances or rules by industrial users or where the department deems such action or penalty to be insufficient, the department may seek civil and criminal penalties and injunctive relief from the industrial user or POTW, as necessary, under this chapter and ch. 283, Stats.

NR 211.32 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

NR 211.33 NR 211.33 Certification of industrial user category.

NR 211.33(1) (1) Within 60 days after the effective date of a categorical pretreatment standard for a subcategory under which an industrial user believes itself to be included, the industrial user may request the department to provide written certification that the industrial user does or does not fall within that particular subcategory. If an existing industrial user adds or changes a process or operation which may be included in a subcategory, the existing industrial user shall request this certification prior to commencing discharge from the added or changed process or operation. New sources desiring certification must request this certification prior to commencing discharge.

NR 211.33(2) (2) A POTW may file a request for certification under sub. (1) relating to an industrial user discharging into the POTW. Where a request for certification is submitted by a POTW, the POTW shall notify any affected industrial user of such submission. The industrial user may provide written comments on the POTW submission to the department within 30 days after the date of notification.

NR 211.33(3) (3) Each request for certification shall be submitted to the department and shall contain the following:

NR 211.33(3)(a) (a) A statement describing which subcategories might be applicable;

NR 211.33(3)(b) (b) Facts and reasons indicating why a particular subcategory is applicable and why others are not applicable; and

NR 211.33(3)(c) (c) The certification statement contained in s. NR 211.15 (10).

NR 211.33(4) (4) The department will act only on written requests for certification which contain all the information required. Persons who have made incomplete requests will be notified by the department that their requests are deficient and will be given at least 30 days to correct the deficiency. If the deficiency is not corrected within 30 days, or within an extended period allowed by the department, the request for certification shall be denied.

NR 211.33(5) (5) Upon receipt of a request for certification the department shall, after determining that it contains all of the information required in sub. (3), consider the request, any additional information that the department may have requested, and any other available information relevant to the request. The department shall make a written determination of the applicable subcategory and state the reasons for its determination. This determination shall be forwarded to EPA which will make the final determination. EPA may approve, disapprove, or revise and approve the department’s determination. A copy of the final determination shall be sent to the applicant by the department.

NR 211.33(6) (6) The final determination shall apply only to the industry and to the facts that are presented at the time of the request for certification. Any changes in processes, raw materials, or other particulars may result in the invalidation of the certification.

NR 211.33 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (1), r. and recr. (3), Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.34 NR 211.34 Pretreatment standards and requirements based upon federally promulgated regulations.

NR 211.34(1) (1) In the event that federal regulations establishing pretreatment standards or requirements are promulgated for any point source to which the provisions of this chapter apply, the department may implement and enforce these pretreatment standards and requirements based upon the federal regulations after publishing a notice of its intent to do so in the Wisconsin administrative register.

NR 211.34(2) (2) The department shall, as soon as possible after the promulgation of any federal regulation establishing pretreatment standards or requirements as described in sub. (1), adopt appropriate pretreatment standards or requirements for point sources subject to this chapter in the Wisconsin administrative code.

NR 211.34 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

subch. IV of ch. NR 211 Subchapter IV — Regulation of Chloride and Mercury Sources

NR 211.40 NR 211.40 POTW authority to regulate chloride discharges from all sources. Notwithstanding all other provisions of this chapter, a POTW may develop and enforce specific standards or requirements, including but not limited to source reduction activities enumerated in s. NR 106.90, to regulate the discharge of chloride from industrial, residential and commercial sources. The POTW’s authority includes the authority to regulate all industrial, commercial and domestic wastewater containing chloride.

NR 211.40 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.

NR 211.41 NR 211.41 POTW action to reduce mercury discharges from all sources. Notwithstanding all other provisions of this chapter, a POTW shall develop and enforce any specific standards or requirements and implement any source reduction activities that are necessary to assure compliance with requirements established in s. NR 106.145. These standards, requirements and source reduction activities apply to mercury discharges to the POTW from all relevant sources, including but not limited to industrial, commercial and residential sources.

NR 211.41 History History: CR 02-019: cr. Register October 2002 No. 562, eff. 11-1-02.