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. NR 211.22(5)(5) Require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements. NR 211.22(6)(6) Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, whether industrial users are complying with applicable pretreatment standards and requirements. Representatives of the POTW must be authorized to enter any premises of any industrial user in which an effluent source or treatment system is located or in which records are required to be kept, under s. NR 211.15 (8), to assure compliance with pretreatment standards and requirements. NR 211.22(7)(7) Obtain remedies, including injunctive relief, for any industrial user’s: NR 211.22(7)(a)(a) Noncompliance with any pretreatment standard or requirement; NR 211.22(7)(b)(b) Failure to allow the POTW to enter and to carry out inspections and monitoring activities; NR 211.22(7)(c)(c) Noncompliance with any rule, regulation or order issued by the POTW; or NR 211.22(7)(d)(d) Noncompliance with any reporting requirement imposed by the POTW or by this chapter. NR 211.22(8)(8) Have authority to seek or assess civil or criminal penalties in at least the amount of $1,000 per day for each violation of a pretreatment standard or requirement. NR 211.22(9)(9) After informal notice to the industrial user, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appear to present an imminent danger to the health or welfare of persons. NR 211.22(10)(10) After notice to the industrial user and an opportunity to respond, halt or prevent any discharge to the POTW which endangers or may endanger the environment or which threatens to interfere with the operation of the POTW. NR 211.22 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (intro.) and (3), r. and recr. (7), renum. (8) to (10) to be (9) to (11) and am. (10), cr. (8), Register, March, 1992, No. 435, eff. 4-1-92. NR 211.23(1)(1) Where the department requires a POTW to develop a pretreatment program under this subchapter, the POTW shall develop and fully implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the POTW to: NR 211.23(1)(a)(a) Identify and locate all possible industrial users who might be subject to the pretreatment program. NR 211.23(1)(b)(b) Reclassify, upon the POTW’s own initiative or in response to a petition from an industrial user, a significant industrial user not subject to categorical pretreatment standards as a nonsignificant industrial user after a finding that the industrial user has no potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement. NR 211.23(1)(c)(c) Identify the character and volume of pollutants contributed to the POTW by industrial users. NR 211.23(1)(d)(d) Notify industrial users of applicable pretreatment standards and requirements including those relating to user charges and solid or hazardous waste disposal.