NR 211.01 NR 211.01 Purpose. The purpose of this chapter is to establish under s. 283.21 (2), Stats., the responsibilities of industrial users and of publicly owned treatment works in preventing the discharge into publicly owned treatment works of pollutants which will interfere with the operation of the POTW, will pass through the POTW insufficiently treated, or which will impair the use or disposal of POTW sludge.

NR 211.01 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; CR 13-006: am. Register January 2014 No. 697, eff. 2-1-14.

NR 211.02 NR 211.02 Applicability. The provisions of this chapter apply to industrial users and to publicly owned treatment works which receive or may receive wastewater from such industrial users.

NR 211.02 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

NR 211.03 NR 211.03 Definitions. The following special definitions are applicable to terms used in this chapter. Definitions of other terms are set forth in ch. NR 205 and ch. 283, Stats.

NR 211.03(1) (1) “Average daily flow” means a reasonable measure of the average daily flow for a 30-day period. For new sources, flows shall be estimated using projected values.

NR 211.03(1e) (1e) “Best management practices” or “BMPs” means maintenance or operating procedures, schedules of activities, prohibited practices, treatment requirements and other management practices to implement the prohibitions listed in s. NR 211.10 (1) and (2) or to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage areas.

NR 211.03(1m) (1m) “Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.

NR 211.03(2) (2) “Categorical pretreatment standard” means any standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by industrial users in specific industrial categories.

NR 211.03(2e) (2e) “Centralized waste treater” means an industrial user that treats wastes generated by activities located at a site other than where treatment occurs and introduces the wastes into a POTW. This definition does not include an industrial user whose generating facility and treatment facility are owned by the same entity, and who do not accept wastes generated by entities other than the industrial user.

NR 211.03(2s) (2s) “Commencement of construction” means the beginning of any of the following activities as part of a continuous on-site construction program:

NR 211.03(2s)(a) (a) The placement, assembly or installation of facilities or equipment;

NR 211.03(2s)(b) (b) Significant site preparation work, such as clearing, excavation or the removal of existing buildings, structures or facilities if their removal is necessary for the placement, assembly or installation of new source facilities or equipment; or

NR 211.03(2s)(c) (c) The making of binding contractual obligations for the purchase of facilities or equipment which are intended to be used in the new source’s operation. Options to purchase or contracts which may be terminated without a substantial loss and contracts for feasibility, engineering or design studies do not constitute a commencement of construction.

NR 211.03(3) (3) “Consistent removal rate” means a rate of consistent removal as calculated in accordance with s. NR 211.13 (2).

NR 211.03(4) (4) “Control authority” means the POTW in relation to POTWs which have a pretreatment program and means the department in relation to POTWs which do not have a pretreatment program.

NR 211.03(4m) (4m) “EPA” means the U.S. environmental protection agency.

NR 211.03(5) (5) “Existing source” means any source which is not a new source.

NR 211.03(6) (6) “Indirect discharge” means the introduction of pollutants into a POTW from any point source other than residential or commercial sources that discharge only domestic waste. Method of introduction includes, but is not limited to, by pipe, truck, or rail car.

NR 211.03(7) (7) “Industrial user” means any source of indirect discharge.

NR 211.03(8) (8) “Interference” means the inhibition or disruption of a POTW’s sewer system, treatment processes, or operations by an indirect discharge which, alone or in conjunction with the discharge or discharges from other sources, causes a violation or increases the magnitude or duration of a violation of any requirement of the POTW’s WPDES permit, or impairs the use or disposal of POTW sludge under chs. 281 and 283, Stats.

NR 211.03(8m) (8m) “Maximum allowable industrial loading” means the total mass of a pollutant that all industrial users of a POTW, or groups of industrial users identified by the POTW, may discharge pursuant to local limits developed under s. NR 211.10 (3).

NR 211.03(9) (9) “New source” means any building, structure, facility, or installation:

NR 211.03(9)(a) (a) That discharges or may discharge pollutants;

NR 211.03(9)(b) (b) For which the commencement of construction occurred after the publication in the federal register of proposed pretreatment standards that will be applicable if promulgated according to section 307 (c) of the federal clean water act, 33 USC 1251 et seq.; and

NR 211.03(9)(c) (c) That is one of the following:

NR 211.03(9)(c)1. 1. Constructed at a site at which no other source is located;

NR 211.03(9)(c)2. 2. A total replacement of the process or production equipment that causes the discharge of pollutants at an existing source; or

NR 211.03(9)(c)3. 3. Substantially independent from an existing source at the same site. Whether or not a source is substantially independent shall be determined based on, among other factors, the extent to which the new facility is engaged in the same general type of activity as the existing source, and the extent to which the new facility’s production and wastewater generation are integrated with the existing source.