NR 211.13(3)(3) Provisional credits. For pollutants which are not discharged currently (i.e., new or modified facilities, or production changes) the POTW may apply for authorization to give removal credits prior to the initial discharge of the pollutant. Consistent removal for the first 18 months of discharge shall be based on data from treatability studies or demonstrated removal at other treatment facilities where the quality and quantity of influent are similar. Eighteen months after initial discharge of pollutants, consistent removal shall be demonstrated pursuant to the requirements of sub. (2). If the POTW cannot demonstrate consistent removal pursuant to the requirements of sub. (2), the authority to grant provisional removal credits shall be terminated by the department. All industrial users to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standards within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standards, as may be specified by the department.

NR 211.13(4)(4) Terms and conditions for POTW granting and continuing conditional removal credits. A POTW required to develop a local pretreatment program by s. NR 211.20 may give removal credits pending approval of the program under the following terms and conditions:

NR 211.13(4)(a)(a) All industrial users who are currently subject to a categorical pretreatment standard and who apply for a conditional removal credit shall submit to the POTW the information required in s. NR 211.15 (1) (a) to (h). However, new or modified industrial users shall only submit the information required by s. NR 211.15 (1) (a) to (f), pertaining to the categorical pretreatment standard as modified by the removal credit. The industrial users shall indicate what additional technology, if any, will be needed to comply with the categorical pretreatment standard as modified by the removal credit;

NR 211.13(4)(b)(b) The POTW shall have submitted to the department an application for pretreatment program approval meeting the requirements of subch. II of ch. NR 211 in a timely manner, not to exceed the time limitation set forth in a compliance schedule for development of a pretreatment program included in the POTW’s WPDES permit, but in no case later than July 1, 1983, where no permit deadline exists;

NR 211.13(4)(d)(d) If a POTW receives authority to grant conditional removal credits and the department subsequently makes a final determination, after appropriate notice, that the POTW failed to comply with the conditions in pars. (b) and (c), the authority to grant conditional removal credits shall be terminated by the department. All industrial users to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standard within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the department.

NR 211.13(4)(e)(e) If a POTW grants conditional removal credits and the POTW or the department subsequently makes a final determination, after appropriate notice, that the industrial user failed to comply with the conditions in par. (a), the conditional credit shall be terminated by the POTW or the department for the non-complying industrial user. The industrial user to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical pretreatment standard within a reasonable time, not to exceed the period of time prescribed in the applicable categorical pretreatment standard, as may be specified by the department. The conditional credit may not be terminated where a violation of the provisions of this paragraph results from causes entirely outside of the control of the industrial user or the industrial user had demonstrated substantial compliance.

NR 211.13(4)(f)(f) The department may decide not to review an application for conditional removal credit authority, in which case the conditionally revised discharge limits shall become effective and remain in effect until reviewed by the department. This review shall be conducted in accordance with the procedures of s. NR 211.30 before any pretreatment program approval or any WPDES permit reissuance pursuant to the pretreatment program approval.

NR 211.13(5)(5) POTW application for authorization to give removal credits.

NR 211.13(5)(a)(a) Any POTW that wants to give removal credits or modify existing ones shall apply for authorization from the department. Such application may be submitted at any time and shall include the following information:

NR 211.13(5)(a)5.5. A specific description of the POTW’s current methods of using or disposing of its sludge and a certification that the granting of removal credits will not cause a violation of the sludge requirements identified in sub. (1) (b) 4.;

NR 211.13(5)(b)(b) The department shall review the POTW’s application for authorization to give or modify removal credits in accordance with the procedures of s. NR 211.30 within 180 days from public notice of an application to complete review.

NR 211.13(6)(6) Continuation and withdrawal of authorization.

NR 211.13(6)(a)(a) A POTW authorized to grant removal credits for a pollutant regulated in a categorical pretreatment standard may extend that removal credit to the same pollutant when it is regulated in other categorical standards. If a POTW elects to extend removal credits to a new categorical standard, industrial subcategory, or one or more industrial users that were not granted removal credits, it shall notify the department. A POTW may extend removal credits if granting the removal credit will not cause the POTW to violate the sludge requirements identified in sub. (1) (b) 4., or its WPDES permit limits and conditions as required by sub. (1) (b) 5.

NR 211.13(6)(b)(b) Removal credits shall be included in the authorized POTW’s WPDES permit as soon as possible and shall become an enforceable requirement of the POTW’s WPDES permit. The removal credits shall remain in effect for the term of the POTW’s WPDES permit, provided the POTW maintains compliance with the conditions specified in par. (d).

NR 211.13(6)(c)(c) A POTW authorized to give removal credits shall monitor and report on the POTW’s removal capabilities. The reporting period shall be specified by the department and may not be less than once per year. A minimum of one sample per month during the reporting period is required, and all sampling data shall be in-cluded in the POTW’s compliance report. As a condition of retaining removal credit authorization, the POTW’s consistent removal shall continue to be equal to or greater than the removal credit.

NR 211.13(6)(d)1.1. Compliance with the conditions in sub. (1) (b) 3. to 5. may be reviewed by the department whenever it elects and shall, at the very least, be reviewed whenever the POTW’s WPDES permit is reissued. If the department determines, on the basis of compliance monitoring reports or other information available to it, that the conditions specified in sub. (1) (b) 3. to 5. are not being met, the department shall withdraw the POTW’s authority to grant removal credits or modify those credits in accordance with the procedures specified in subd. 3.