NR 210.06(3)(b)(b) Proximity of the wastewater outfall to public drinking water supply intakes. At a minimum, whenever a drinking water intake is within a radius of 5 miles of a wastewater outfall in a lake or impoundment or within 20 miles downstream of a wastewater outfall on a flowing surface water, disinfection shall be provided.

NR 210.06(3)(c)(c) Proximity of the wastewater outfall to wetlands which support populations of waterfowl subject to disease outbreaks, which may be caused by the discharge of wastewater which has not been disinfected.

NR 210.06(3)(d)(d) Quality of the wastewater being discharged.

NR 210.06(3)(e)(e) Dilution and mixing characteristics of the wastewater with the receiving water.

NR 210.06(3)(f)(f) Bacterial indicator organism levels or sanitary survey results from sampling conducted in the vicinity of the wastewater outfall and near the sites used for recreational purposes.

NR 210.06(3)(g)(g) The classification of the receiving water and downstream waters as determined in s. NR 104.02 (1).

NR 210.06(3)(h)(h) The detention time of the wastewater treatment system. Except in extenuating circumstances, the discharge of wastewater to surface water from a treatment system with a detention time of 180 days or longer does not pose a risk to human and animal health.

NR 210.06(3)(i)(i) Other factors that are necessary to determine if there is a risk posed to human and animal health by the discharge of wastewater that has not been disinfected.

NR 210.06(7)(7) Disinfection continuation. In the absence of a specific determination under sub. (1), all dischargers which are required to disinfect as of November 1, 1986, or thereafter shall continue to disinfect.

NR 210.06 HistoryHistory: Cr. Register, October, 1986, No. 370, eff. 11-1-86; CR 19-014: cr. (1) (title), (2) (title), am. (2) (intro.), r. and recr. (2) (a), cr. (2) (b) (title), (3) (title), r. (4) to (6), am. (7) Register April 2020 No. 772, eff. 5-1-20; correction in (7) made under s. 35.17, Stats., Register April 2020 No 772.

NR 210.07NR 210.07 Effluent limitation variance categories. Modifications to limitations specified in s. NR 210.05 (1) to (3) may be approved as follows:

NR 210.07(1)(1) Industrial wastes. For publicly owned treatment facilities receiving effluent from certain categories of industries, the applicable effluent limitations for BOD5 and SS as set forth in s. NR 210.05 (1) may be modified. The limitations for BOD5 and SS in s. NR 210.05 (1) may be adjusted upwards provided that:

NR 210.07(1)(a)(a) The discharge of such pollutants attributable to the industrial category will not be greater than that allowed by applicable effluent limitations if such industrial category were to discharge directly into the waters of the state; and

NR 210.07(1)(b)(b) The flow or loading of such pollutants introduced by the industrial category exceeds 10% of the design flow or loading of the publicly owned treatment works. When such an adjustment is made, the limitations for BOD5 or SS in s. NR 210.05 (1) shall be adjusted proportionally.

NR 210.07(2)(2) Aerated lagoons and stabilization ponds. A variance for SS may be made in cases where aerated lagoons or waste stabilization ponds are the principal treatment processes. The SS limitation may be raised to a maximum of 60 mg/l for a 30-day average. This variance is not applicable to polishing or holding ponds which are preceded by other biological or physical/chemical treatment processes.

NR 210.07 NoteNote: See s. NR 110.24 for design requirements of aerated lagoons and stabilization ponds.

NR 210.07(3)(3) pH. The effluent pH limitations may be adjusted on a case-by-case basis if the permittee or the owner can demonstrate that the limits need to be adjusted based on the following:

NR 210.07(3)(a)(a) Inorganic chemicals are not added as part of the treatment process; and

NR 210.07(3)(b)(b) In the case of a publicly owned treatment works, contributions from industrial sources do not cause the pH of the effluent to be less than 6.0 or greater than 9.0.

NR 210.07(4)(4) CBOD5. Upon request by the permittee, the parameter CBOD5 may be substituted for the parameter BOD5, provided the following conditions are met:

NR 210.07(4)(a)(a) For treatment facilities with BOD5 limitations specified in s. NR 210.05 (1) (a), (2) (a), or (3) (a), the permittee shall provide paired sampling of the effluent for BOD5 and CBOD5 for the months of January and July. The sample frequency shall be at the same frequency as required by the permit for BOD5 sampling. Additional sampling for nitrogen compounds (NH3-N, NO3-N) or other sampling may also be required on a case-by-case basis.

NR 210.07(4)(b)(b) For treatment facilities with BOD5 limitations established in accordance with those specified in s. NR 210.05 (1) (e), (2) (g), or (3) (f), the permittee shall provide paired sampling of the effluent for BOD5, CBOD5, NH3-N and NO3-N. At the end of the BOD5 test, an analysis of that BOD5 sample for NO3-N shall also be conducted.

NR 210.07(4)(b)1.1. This sampling shall be provided for the months of January, February, July, and August at a frequency of 3 times weekly for facilities with a design flow over 0.5 MGD and for those facilities which discharge to trout waters or may impact trout waters.

NR 210.07(4)(b)2.2. This sampling shall be provided for the months of January and July at a sample frequency as required by the permit for BOD5 sampling, with a maximum of 3 times weekly for facilities with a design flow less than 0.5 MGD.

NR 210.07(5)(a)(a) Facilities eligible for treatment equivalent to secondary treatment as defined in s. NR 210.03 (6) shall provide the following minimum level of effluent quality in terms of the parameters BOD5, SS, and pH. All requirements for the specified parameters in subd. 1., 2. or 3. shall be achieved except where provided for in sub. (2) or par. (b), (c), or (d).