NR 110.05(3)(c)2.2. More than a total of 3 months of violations of the monthly average limitations for either BOD or total suspended solids or both in the previous 12 months (or the equivalent ratio for the number of months of data available) shall cause denial, subject to the following additional considerations:

NR 110.05(3)(c)2.a.a. Recognition of the inherent inaccuracy of the BOD and total suspended solids tests shall be given by multiplying the monthly average effluent limitations as specified in the permit by a factor of 1.3 for BOD and 1.2 for total suspended solids for purposes of determining whether monthly average effluent results are in compliance.

NR 110.05(3)(c)2.b.b. The department may grant approval if it determines that, due to a demonstrable action by the permittee, the sewage treatment facility has been in compliance for four or more consecutive months, thus demonstrating a trend toward better operation.

NR 110.05(3)(c)2.c.c. The department may grant approval in those instances where the permittee demonstrates that noncompliance with the effluent limitations has been caused by algae growth in a sewage treatment facility utilizing lagoons as the principal treatment process.

NR 110.05(3)(c)2.d.d. The department may grant approval if it determines that noncompliance with the effluent limitations has been caused by operating difficulties associated with startup for those sewage treatment facilities which have recently been constructed or undergone major modification or expansion. The period described as startup may be no longer than 12 consecutive months.

NR 110.05(4)(a)(a) Taking into account the factors in sub. (3) (c), applications for sanitary sewer extensions shall be denied if the sewer will be tributary to a sewage treatment facility not in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD5) and total suspended solids contained in its WPDES permit.

NR 110.05(4)(b)(b) If the WPDES permit for a sewage treatment facility establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations for biochemical oxygen demand and total suspended solids applicable to such treatment plant, compliance with the schedule of compliance in the discharge permit shall be deemed to be compliance with the applicable water quality related effluent limitations.

NR 110.05(5)(5) Exceptions. Sewer extensions otherwise prohibited by sub. (4) may be granted by the department upon the determination of any of the following:

NR 110.05(5)(a)(a) That construction of the subdivision, commercial establishment, institutional facility or industrial plant had commenced prior to May 24, 1976, as evidenced by the issuance of a building permit;

NR 110.05(5)(b)(b) That the area to be served was developed prior to May 24, 1976, and that the sewer extension will eliminate use of existing private sewage systems which pose a threat to the public health or safety, provided that connections to the sewer are allowed only for the existing development;

NR 110.05(5)(d)(d) That the proposed extension is a modification of a sewer extension previously approved by the department, providing that the modification results in no increase in the anticipated waste discharge to the sewer system;

NR 110.05(6)(6) Connection restrictions. As a condition of any approval granted under sub. (5), the department may require that an applicant for a sewer extension restrict the number of connections made to the sewer system in accordance with a prescribed schedule.

NR 110.05 HistoryHistory: Cr. Register, November, 1974, No. 227, eff. 12-1-74; emerg. r. and recr. eff. 5-24-76; r. and recr. Register, September, 1976, No. 249, eff. 10-1-76; am. (3) (b) and (4) (b), Register, April, 1980, No. 292, eff. 5-1-80; am. Register, August, 1981, No. 308, eff. 9-1-81; am. (4), r. (7), renum. (8) to be (7), Register, June, 1982, No. 318, eff. 7-1-82; emerg. cr. (5) (g), eff. 4-15-83; cr. (5) (g) Register, September, 1983, No. 333, eff. 10-1-83; corrections in (2) (c) and (g) were made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545; CR 09-123: am. (2) (c), (5) (c) and (6), r. and recr. (4), r. (5) (g) Register July 2010 No. 655, eff. 8-1-10; CR 12-027: r. (2), am. (3), (4), r. (5) (c), r. (7) Register July 2013 No. 691, eff. 8-1-13.

NR 110.06(1)(1) All construction plans for reviewable projects submitted to the department shall be in conformance with ch. NR 108, and shall bear a suitable title block which includes the name of the owner, the scale and the date. The north point shall be shown on each plan. All plans shall be clear and legible. Blueprints will not be accepted. The datum used shall be indicated and shall be related to U.S.G.S. datum.

NR 110.06(2)(2) Detailed construction plans shall contain appropriate plan views, elevations, necessary sections and supplemental views which together with the specifications provide all necessary information for construction of the project. Manufacturers’ drawings shall not be accepted.

NR 110.06(4)(4) If the construction of a proposed project requires, or may require, any permit under s. 30.12, 30.19, 30.195, or 30.20, Stats., application for the necessary permits shall be made to the department at the same time the project plans and specifications are submitted for review. Failure to apply for the necessary permits shall be cause for denial or rejection of the plans and specifications.

NR 110.06 NoteNote: Applicable state and local codes, including those of the department of industry, labor and human relations, the public service commission and the department of health and social services, should be consulted for other requirements.

NR 110.06 HistoryHistory: Cr. Register, November, 1974, No. 227, eff. 12-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-79; cr. (4), Register, February, 1983, No. 326, eff. 3-1-83.

NR 110.07(1)(1) Complete technical specifications for all reviewable projects shall accompany the construction plans. Where feasible the specifications shall contain provisions for maintaining the same degree of wastewater treatment during construction as that which existed prior to the start of construction.