NR 211.30(7)(a)7. 7. Other modifications designated as substantial by the department on the basis that the modification could have a significant impact on the operation of the POTW’s pretreatment program, result in an increase in pollutant loadings at the POTW or result in less stringent requirements being imposed on industrial users of the POTW.

NR 211.30(7)(b) (b) The department shall approve or disapprove the modifications listed in par. (a) using the procedures in subs. (1) to (5) except as provided in subds. 1. and 2. The modification shall become effective upon approval by the department.

NR 211.30(7)(b)1. 1. The department need not publish a notice of decision under sub. (5) provided:

NR 211.30(7)(b)1.a. a. The notice of request for approval under sub. (2) states that the request will be approved if no comments are received by the date specified in the notice;

NR 211.30(7)(b)1.b. b. No substantive comments are received; and

NR 211.30(7)(b)1.c. c. The request is approved without change.

NR 211.30(7)(b)2. 2. Notices required by subs. (2) and (5) may be performed by the POTW provided that the department finds that the notice otherwise satisfies the requirements of those subsections.

NR 211.30(7)(c) (c) For modifications not listed in par. (a) and that are not considered substantial the following procedures will be used.

NR 211.30(7)(c)1. 1. The POTW shall notify the department of any non-substantial modifications at least 45 days prior to implementation in a statement as described in s. NR 211.27.

NR 211.30(7)(c)2. 2. Within 45 days after receipt of the POTW’s statement the department shall notify the POTW of its decision to approve or disapprove the non-substantial modification or to treat the modification as substantial under par. (a). If the department does not notify the POTW within 45 days of its decision, the POTW may implement the modification.

NR 211.30(7)(d) (d) After approval by the department, the modification shall be incorporated into the POTW’s WPDES permit.

NR 211.30 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. Register, September, 1986, No. 369, eff 10-1-86; am. (1) and (2), cr. (6) and (7), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: r. and recr. (7) Register January 2014 No. 697, eff. 2-1-14; correction in (7) (b) 1. (a) made under s. 35.17, Stats., Register December 2024 No. 828.

NR 211.31 NR 211.31 Department activities in the absence of a pretreatment program.

NR 211.31(1) (1) In the absence of a pretreatment program, the department may:

NR 211.31(1)(a) (a) Identify and locate all possible industrial users which might be subject to pretreatment standards or requirements.

NR 211.31(1)(b) (b) Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under par. (a).

NR 211.31(1)(c) (c) Notify industrial users identified under par. (a) of applicable pretreatment standards and of any applicable solid or hazardous waste disposal requirements under chs. 289 and 291, Stats.

NR 211.31(1)(d) (d) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements of s. NR 211.15.

NR 211.31(1)(e) (e) 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 211.31(1)(f) (f) Investigate instances of noncompliance with pretreatment standards and requirements indicated in the reports and notices required under s. NR 211.15.

NR 211.31(1)(g) (g) Annually publish the names of industrial users that meet any of the criteria in s. NR 211.23 (1) (j) 1. to 8. The list of industrial users shall be published in the newspaper with the largest circulation in the municipality in which the industrial user is located.

NR 211.31(2) (2) At the discretion of the department, portions of the pretreatment program responsibility may be delegated to the POTW, with the department implementing those portions not delegated to the POTW.

NR 211.31 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (1) (g), Register, March, 1992, No. 435, eff. 4-1-92.

NR 211.32 NR 211.32 Supplemental compliance monitoring and enforcement activities.

NR 211.32(1) (1) In cases where a POTW has a pretreatment program the department may perform such activities as are necessary to ensure that pretreatment standards and requirements are being properly implemented and enforced by the POTW. These activities may include but are not limited to:

NR 211.32(1)(a) (a) Review of monitoring reports submitted by the industrial users and POTW as required by ss. NR 211.15 and 211.25; and

NR 211.32(1)(b) (b) Periodic inspection, surveillance, and monitoring of POTW and industrial user operations.

NR 211.32(2) (2) In cases in which the POTW has failed to seek judicial relief for violations of its ordinances or rules by industrial users or where the department deems such action or penalty to be insufficient, the department may seek civil and criminal penalties and injunctive relief from the industrial user or POTW, as necessary, under this chapter and ch. 283, Stats.

NR 211.32 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.