NR 211.21 NR 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 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.22 NR 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(4) (4) Require the development by industrial users of the compliance schedules required under s. NR 211.15 (1) (g).

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(11) (11) Comply with the confidentiality requirements of s. NR 211.26.

NR 211.22 History History: 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 NR 211.23 Procedural requirements.

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.

NR 211.23(1)(e) (e) Receive and analyze self-monitoring reports and other notices submitted by industrial users.

NR 211.23(1)(f) (f) Randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independently of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards.

NR 211.23(1)(g) (g) Develop an enforcement response plan that discusses how the POTW will investigate and respond to instances of industrial user noncompliance. At a minimum, the plan shall:

NR 211.23(1)(g)1. 1. Describe how the POTW will investigate instances of noncompliance;