NR 211.15(4)(a) (a) After the compliance date for an applicable categorical pretreatment standard, industrial users, except those meeting the requirements in par. (c) or (d), shall submit semi-annual reports to the control authority. New sources and sources that become industrial users subsequent to the compliance date of an applicable categorical pretreatment standard shall submit the semi-annual reports to the control authority after commencement of discharge to the POTW. The report shall include the information required by sub. (1) (d) and (e) except that the control authority may require more detailed reporting of flows and alternative sampling techniques may be used if they result in samples that are representative of the user’s discharge and are approved by the control authority and documented in the industrial user’s file. For industrial users subject to equivalent mass or concentration limits established by the control authority according to s. NR 211.11 (3), this report shall contain a reasonable measure of the industrial user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other measure of operation, this report shall include the industrial user’s actual production or other measure of operation during the reporting period. For all wastes subject to categorical pretreatment standards that have been shipped off-site for disposal, these reports shall include the category, manufacturing process, volume and destination of such wastes. In cases where the pretreatment standard requires compliance with best management practices (or pollution prevention alternative) the user shall submit documentation needed to determine the compliance status of the user. These reports shall be submitted during June and December unless otherwise specified by the control authority. Industrial users shall submit these reports more frequently if required to do so by the control authority, or the department, or the applicable categorical pretreatment standards.

NR 211.15(4)(b) (b) The control authority may authorize a monitoring waiver for individual pollutants for an industrial user subject to a categorical standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:

NR 211.15(4)(b)1. 1. The control authority may authorize a waiver where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

NR 211.15(4)(b)2. 2. The monitoring waiver is valid only for the duration of the effective permit or equivalent control mechanism, but in no case longer than 5 years. The user shall submit a new request for the waiver before the waiver may be granted for each subsequent control mechanism or 5 year period.

NR 211.15(4)(b)3. 3. In making a demonstration that a pollutant is not present, the industrial user shall provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. The request for a monitoring waiver shall include the certification statement and be signed in accordance with s. NR 211.15 (10) (b). Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

NR 211.15(4)(b)4. 4. Any grant of the monitoring waiver by the control authority shall be included as a condition in the user’s control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver shall be maintained by the control authority for 3 years after expiration of the waiver.

NR 211.15(4)(b)5. 5. Upon approval of the monitoring waiver and revision of the user’s control mechanism by the control authority, the industrial user shall certify on each report with the statement below, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the applicable pretreatment standards, I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report.

NR 211.15(4)(b)6. 6. In the event that a waived pollutant is found to be present or is expected to be present based on changes that occur in the user’s operations, the user shall immediately comply with the monitoring requirements of par. (a) or other more frequent monitoring requirements and notify the control authority.

NR 211.15(4)(b)7. 7. This paragraph does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

NR 211.15(4)(c) (c) The control authority may reduce the frequency of the reports required under par. (a) to no less than once per year, unless required more frequently by the pretreatment standard or the department, where the industrial user meets all of the following conditions:

NR 211.15(4)(c)1. 1. The industrial user’s total categorical wastewater flow does not exceed any of the following:

NR 211.15(4)(c)1.a. a. 0.01 percent of the design dry weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

NR 211.15(4)(c)1.b. b. 0.01 percent of the design dry weather organic treatment capacity of the POTW; and

NR 211.15(4)(c)1.c. c. 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed by a POTW in accordance with s. NR 211.10 (3);

NR 211.15(4)(c)2. 2. The industrial user has not been in significant noncompliance, as defined in s. NR 211.23 (1) (j), at any time in the past two years;

NR 211.15(4)(c)3. 3. The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period;

NR 211.15(4)(c)4. 4. The industrial user shall notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of subd. 1. or 2. Upon notification, the industrial user shall immediately begin complying with the minimum reporting requirements in par. (a); and

NR 211.15(4)(c)5. 5. The control authority shall retain documentation to support the determination that a specific industrial user qualifies for reduced reporting requirements under this paragraph for a period of 3 years after the expiration of the term of the control mechanism.

NR 211.15(4)(d) (d) The control authority may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that all of the following conditions are met:

NR 211.15(4)(d)1. 1. The industrial user never discharges more than 100 gallons per day of total categorical wastewater, excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard.

NR 211.15(4)(d)2. 2. The industrial user has consistently complied with all applicable categorical pretreatment standards and requirements.

NR 211.15(4)(d)3. 3. The industrial user never discharges any untreated concentrated wastewater.

NR 211.15(4)(d)4. 4. The industrial user annually submits the following certification statement signed in accordance with the signatory requirements of s. NR 211.15 (10) along with any additional information required by the control authority:

Based on my inquiry of the person or persons directly responsible for managing compliance with pretreatment standards, I certify that, to the best of my knowledge and belief that during the period from [insert month, day, year] to [insert month, day, year], the facility described as [insert facility name] met the definition of a non-significant categorical industrial user as described in s. NR 211.15 (4) (d); the facility complied with all applicable pretreatment standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [list information supporting the facility’s classification as a non-significant categorical industrial user].

NR 211.15 Note Note: The final bracketed material was not included in rule CR 13-006, but it is added by DNR for informational purposes.

NR 211.15(5) (5) Significant industrial users which are not subject to categorical pretreatment standards and which discharge to a POTW with a pretreatment program shall submit reports to the control authority at least twice per year. At a minimum, these reports shall describe the flow rate and concentration of pollutants in wastewater discharges, and shall be based on sampling and analysis performed in the period covered by the report. Sampling shall be conducted at the appropriate sampling location and shall be representative of conditions during the reporting period. If a user monitors any regulated pollutant more frequently than required by the control authority using procedures prescribed in sub. (8), the results of this monitoring shall be included in the report. In cases where a local limit requires compliance with best management practices or pollution prevention alternative, the user shall submit documentation required by the control authority to determine the compliance status of the user. Other industrial users not subject to categorical pretreatment standards shall submit reports according to the requirements of the control authority.

NR 211.15(6) (6) The industrial user shall notify the control authority, and the POTW if the POTW is not the control authority, in advance of any substantial change in the volume or character of the pollutants in the discharge, including changes in listed or characteristic hazardous wastes for which the industrial user has submitted initial notification according to s. NR 211.17. Industrial users shall immediately notify the POTW of any discharge that could cause problems at the POTW, such as any slug loading in violation of s. NR 211.10 (2) or of any changes at the facility affecting the potential for a slug discharge and the need for a slug control plan as required by s. NR 211.235 (4) (a).

NR 211.15(7) (7) If sampling and analysis performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, unless the control authority regularly performs sampling at the industrial user at least once per month or performed sampling at the industrial user between the time of the industrial user’s initial sampling and the time when the industrial user received the results of the initial sample. Where the control authority has performed the original sampling and analysis in lieu of the industrial user as allowed in sub. (9), the control authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.