NR 205.07(1)(u)3. 3. ‘Other bypass.’ The permittee demonstrates that all of the following apply:

NR 205.07(1)(u)3.a. a. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

NR 205.07(1)(u)3.b. b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities or adequate back-up equipment, retention of untreated wastes, reduction of inflow and infiltration, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.

NR 205.07 Note Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, costs and affordability of implementation and risks to public health, the environment, and, where the permittee is a municipality, the welfare of the community served.

NR 205.07(1)(u)3.c. c. The bypass was reported in accordance with par. (s) or the permittee reported in accordance with s. NR 210.21 (4).

NR 205.07 Note Note: Pursuant to ss. 283.89 and 283.91, Stats., violations of permit conditions or rule requirements are referred to the department of justice for enforcement.

NR 205.07(1)(v) (v) Controlled diversion. Controlled diversions are allowed provided the following requirements are met:

NR 205.07(1)(v)1. 1. Effluent from the sewage treatment facility or wastewater treatment facility shall meet the effluent limitations established in the permit. Wastewater that is diverted around a treatment unit or treatment process during a controlled diversion shall be recombined with wastewater that is not diverted prior to the effluent sampling location and prior to effluent discharge.

NR 205.07(1)(v)2. 2. A controlled diversion may not occur during periods of excessive flow or other abnormal wastewater characteristics.

NR 205.07(1)(v)3. 3. A controlled diversion may occur only when necessary for essential maintenance to assure efficient operation.

NR 205.07 Note Note: Sewage treatment facilities that have multiple treatment units to treat variable or seasonal loading conditions may shut down redundant treatment units when necessary for efficient operation.

NR 205.07(1)(v)4. 4. A controlled diversion may not result in a sewage treatment facility or wastewater treatment facility overflow.

NR 205.07(1)(v)5. 5. All instances of controlled diversions shall be documented in sewage treatment facility or wastewater treatment facility records and such records shall be available to the department on request.

NR 205.07(1)(x) (x) Permit as enforcement shield. Compliance with a permit during its term constitutes compliance for purposes of enforcement with 33 USC 1311, 1312, 1316, 1317, 1328, and 1345 (a) and (b), except for any toxic effluent standard or prohibition, and standards for sewage sludge use or disposal. If a new or revised toxic effluent standard or toxic prohibition becomes effective during the term of the permit, the permittee may be subject to enforcement action if the discharge exceeds the new or revised effluent standard for the toxic pollutant even though the discharge is in compliance with the existing permit. The permittee may also be subject to enforcement action standards for sewage sludge use or disposal. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in ch. 283, Stats., and ch. NR 203.

NR 205.07 Note Note: The toxic effluent standards in s. NR 205.07 (1) (x) are the technology based limitations applicable to the categorical sources in accordance with 33 USC 1317 (sec. 307 of the Clean Water Act). Refer to 40 CFR 122.5 (a).

NR 205.07(1)(y) (y) Affirmative defense. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.

NR 205.07(2) (2) The following conditions may be included in a WPDES permit issued by the department to the owner or operator of a POTW.

NR 205.07(2)(a) (a) POTW’s and planned changes. All permittees who are POTWs shall provide adequate advance notice to the department of the changes in subds. 1. and 2. Written notice shall provide information on the quality and quantity of effluent introduced into the POTW, and any anticipated impact of the change on the quantity or quality of effluent and sludge to be discharged from the POTW.

NR 205.07(2)(a)1. 1. Any new introduction of pollutants into a POTW from an indirect discharger which would be subject to s. 283.31, Stats., if it were directly discharging those pollutants; and

NR 205.07(2)(a)2. 2. Any substantial change in the volume or character of pollutants being introduced into the POTW by a source introducing pollutants into the POTW at the time of permit issuance.

NR 205.07(2)(b) (b) Prohibited wastes. Under no circumstances may the introduction of wastes prohibited by s. NR 211.10 be allowed into the waste treatment system. Prohibited wastes include those:

NR 205.07(2)(b)1. 1. Which create a fire or explosion hazard in the treatment work;

NR 205.07(2)(b)2. 2. Which will cause corrosive structural damage to the treatment work;

NR 205.07(2)(b)3. 3. Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment work;

NR 205.07(2)(b)4. 4. Wastewaters at a flow rate or pollutant loading which are excessive over relatively short time periods so as to cause a loss of treatment efficiency; or

NR 205.07(2)(b)5. 5. Changes in discharge volume or composition from contributing industries which overload the treatment works or cause a loss of treatment efficiency.

NR 205.07(2)(c) (c) Pretreatment. The permittee shall require any industrial user of the permitted facility to meet pretreatment standards established under s. 283.21 (2), Stats., and to provide records or reports, or all information, related to compliance with pretreatment standards.

NR 205.07(2)(dm) (dm) Unscheduled sludge removal. Any disposal of grit, screenings, scum, sludges or other solids generated as a result of wastewater treatment processes shall be prohibited unless such disposal is authorized by a WPDES permit or other department license or approval.

NR 205.07(2)(e) (e) Priority system for septage acceptance at a POTW. A POTW that accepts septage for treatment and disposal and is unable to accommodate all the requests for acceptance by licensed disposers shall use the following priority system for acceptance: