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. NR 211.23(1)(j)4.4. The industrial user has discharged a pollutant that has caused imminent endangerment to human health, welfare or the environment or has otherwise resulted in the POTW’s exercise of its emergency authority to halt or prevent a discharge. NR 211.23(1)(j)5.5. The industrial user failed to meet, by 90 days or more, a milestone date contained in a compliance schedule within a local control mechanism or enforcement order for starting construction, completing construction or attaining compliance. NR 211.23(1)(j)6.6. The industrial user has failed to provide within 45 days of a deadline a required report containing all required monitoring results and other information, such as a baseline monitoring report, 90 day compliance report, periodic self-monitoring report or report on compliance with a compliance schedule. NR 211.23(1)(j)7.7. The industrial user has failed to accurately report noncompliance. NR 211.23(1)(j)8.8. The control authority has determined that any other violation or group of violations, which may include a violation of required best management practices, by the industrial user has adversely affected the operation or implementation of the local pretreatment program. NR 211.23(2)(2) The POTW shall have sufficient resources and qualified personnel to carry out the authority and procedures described in this section and s. NR 211.22, unless conditional approval of the pretreatment program is requested under s. NR 211.24 (2). NR 211.23 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. and recr. (1), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: am. (1) (j) Register January 2014 No. 697, eff. 2-1-14. NR 211.235NR 211.235 Regulation of significant industrial users. A POTW with an approved pretreatment program shall: NR 211.235(1)(am)(am) Control the discharge from each significant industrial user through individual control mechanisms or, as provided in par. (b), through general control mechanisms. The control mechanism shall have a duration of no longer than 5 years and may not be transferred without prior notification to the POTW. The control mechanism shall contain or contain by reference the following: NR 211.235(1)(am)3.3. Effluent limits, including best management practices, based on prohibited discharge standards, categorical pretreatment standards, local limits and state and local law; NR 211.235(1)(am)4.4. Requirements for self monitoring, including sampling location, sampling frequency, sample types, record keeping and reporting; NR 211.235(1)(am)7.7. A description of the civil and criminal penalties for violation of pretreatment standards or requirements; and NR 211.235(1)(am)8.8. Requirements to control slug discharges, if determined by the control authority to be necessary. NR 211.235(1)(b)(b) At the discretion of the POTW, this control may include use of general control mechanisms which contain the elements listed in par. (am) if all facilities to be covered: NR 211.235(1)(b)5.5. Are more appropriately controlled under a general control mechanism than under individual control mechanisms as determined by the control authority. NR 211.235(1)(c)(c) To be covered by the general control mechanism, the user shall file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any requests in accordance with s. NR 211.15 (4) (b) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the control authority deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general control mechanism until after the control authority has provided written notice to the user that such a waiver request has been granted in accordance with s. NR 211.15 (4) (b). The control authority shall retain a copy of the general control mechanism, documentation to support the determination that a specific user meets the criteria in par. (b) 1. to 5., and a copy of the user’s written request for coverage for 3 years after the expiration of the general control mechanism. NR 211.235(1)(d)(d) A control authority may not use general control mechanisms for facilities that are subject to production-based categorical standards, standards expressed as mass of a pollutant discharged per day, limits that are based on the combined waste stream formula in s. NR 211.12 or limits that are adjusted for pollutants in intake water in s. NR 211.11 (4).