NR 211.19NR 211.19 Loss of treatment capacity and bypass. NR 211.19(1)(1) Industrial users shall control production or contain discharges to the extent necessary to maintain compliance with pretreatment standards and requirements upon the reduction, loss or failure of a treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies to, but is not limited to, the situation in which the primary source of power for the treatment facility is reduced, lost or fails. NR 211.19(2)(2) A bypass that does not result in a violation of any pretreatment standard or requirement is prohibited except where the bypass is necessary for essential maintenance. NR 211.19(3)(3) A bypass that results in a violation of any pretreatment standard or requirement is prohibited unless the conditions of pars. (a) to (c) are met: NR 211.19(3)(a)3.3. The industrial user reasonably expects the following to occur without a bypass: NR 211.19(3)(a)3.b.b. Damage to treatment facilities that would cause them to become inoperable; or NR 211.19(3)(b)(b) No feasible alternatives to the bypass exist, such as use of auxiliary treatment facilities, retention of untreated wastes 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 that occurred during normal periods of equipment downtime or preventive maintenance; and NR 211.19(3)(c)1.1. If an industrial user knows in advance of the need for a bypass, it notifies the control authority at least 10 days before the bypass if possible or otherwise as soon as possible; or NR 211.19(3)(c)2.2. An industrial user orally notifies the control authority of an unanticipated bypass within 24 hours from the time the industrial user becomes aware of the bypass and provides a written submission, within 5 days of the time the industrial user becomes aware of the bypass, containing: NR 211.19(3)(c)2.b.b. The duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the time it is expected to end; and NR 211.19(3)(c)2.c.c. A description of the steps taken or planned to prevent recurrence of the bypass. NR 211.19 HistoryHistory: Cr. Register, March, 1992, No. 435, eff. 4-1-92. NR 211.20NR 211.20 Establishment of pretreatment programs. The department may require any POTW with a design flow greater than 5 MGD which receives indirect discharges which pass through or interfere with the POTW’s operations or are subject to pretreatment standards to establish a POTW pretreatment program in accordance with the provisions of ss. NR 211.21 through 211.26. In addition, the department may require any POTW with a design flow of 5 MGD or less to establish such a program or part of such a program if the nature or volume of industrial user contributions, treatment process upsets, violations of POTW effluent limits, contamination of municipal sludge, or other circumstances warrant such a program in order to prevent interference with POTW treatment operations or the pass-through of untreated pollutants or in order to improve opportunities for disposal of municipal sludge. The pretreatment program shall be developed in accordance with a compliance schedule established by the department in the POTW’s WPDES permit which calls for the completion by specific dates of major events leading to the development and implementation of the pretreatment program. NR 211.20 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. NR 211.21NR 211.21 Compliance dates. POTWs shall establish pretreatment programs which meet the requirements of ss. NR 211.22 to 211.26 no later than 3 years after the reissuance or modification of an existing WPDES permit to require the development of a pretreatment program, but in no case later than July 1, 1983. A POTW identified after July 1, 1983, as being required to develop a pretreatment program shall develop a pretreatment program which meets the requirements of ss. NR 211.22 to 211.26 and submit it as soon as possible, but not later than one year after written notification from the department that a pretreatment program is required. NR 211.21 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. Register, March, 1992, No. 435, eff. 4-1-92. NR 211.22NR 211.22 Legal authority requirements. Where the department requires a POTW to develop a pretreatment program under this subchapter, the POTW shall operate under legal authority and include procedures, fully enforceable in federal or state courts, which at a minimum enables the POTW to perform the following functions. These authorities and procedures shall be fully exercised and implemented at all times. NR 211.22(1)(1) Deny or condition new or increased discharge of pollutants, or changes in the nature of pollutants, discharged to the POTW by industrial users where such discharges do not meet applicable pretreatment standards and requirements or where such discharge causes the POTW to violate its WPDES permit. NR 211.22(2)(2) Require compliance with applicable pretreatment standards and requirements by industrial users. NR 211.22(3)(3) Control through permit, order, or similar means the discharge to the POTW by each industrial user.