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;

NR 211.23(1)(g)2. 2. Describe the escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which the responses will take place; and

NR 211.23(1)(g)3. 3. Identify by title the officials responsible for each type of response.

NR 211.23(1)(h) (h) Investigate instances of noncompliance by collecting and analyzing samples and other information with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.

NR 211.23(1)(i) (i) Make the information obtained under pars. (a) to (h) available to the department or EPA upon request.

NR 211.23(1)(j) (j) Annually publish a list of the industrial users that were in significant noncompliance with the applicable pretreatment standards and requirements at any time during the previous 12 months. The list shall be published in a newspaper of general circulation that provides meaningful public notice in the area served by the POTW. A significant industrial user has been in significant noncompliance if: any of the criteria in subds. 1. to 8. apply. A non-significant industrial user has been in significant noncompliance if criteria in subd. 3., 4., or 8. apply.

NR 211.23(1)(j)1. 1. Sixty-six percent or more of all the measurements of the industrial user’s wastewater for the same pollutant taken during a 6 month period exceeded by any magnitude any numeric pretreatment standard or requirement including an instantaneous limit.

NR 211.23(1)(j)2. 2. Thirty-three percent or more of all the measurements of the industrial user’s wastewater for the same pollutant taken during a 6 month period equaled or exceeded the product of the numeric pretreatment standard or requirement including an instantaneous limit multiplied by either 1.4 for BOD, TSS, and fats-oil-grease; 1.2 for all other pollutants except pH; or exceeded a pH limit by .4 standard units.

NR 211.23(1)(j)3. 3. The control authority has reason to believe that the industrial user has caused, alone or in combination with other discharges, interference, pass through or endangerment of the health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement.