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.

NR 211.03(9m) (9m) “Overflow” means any diversion of flow from a POTW before the POTW treatment plant.

NR 211.03(10) (10) “Pass through” means the discharge of pollutants through the POTW to waters of the state in quantities or concentrations 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.

NR 211.03(11) (11) “POTW” or “Publicly owned treatment works” means a treatment works which is owned by a municipality and any sewers that convey wastewater to such a treatment works. This definition includes any devices or systems used by a municipality in the storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes. The term also means the municipality or local unit of government which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works.

NR 211.03(12) (12) “POTW treatment plant” means that portion of the POTW which is designed to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste.

NR 211.03(13) (13) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging such pollutants into a POTW.

NR 211.03(14) (14) “Pretreatment program” means a program administered by a POTW that meets the criteria established in subch. II and which has been approved by the department in accordance with subch. III.

NR 211.03(15) (15) “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

NR 211.03(16) (16) “Pretreatment standard” means any regulation which applies to industrial users and which contains pollutant discharge limits promulgated by the department in accordance with s. 283.21 (2), Stats. This term includes both prohibited discharge standards set forth in or established under s. NR 211.10 and categorical pretreatment standards set forth in s. NR 211.11 and in chs. NR 221 through 297.

NR 211.03(17) (17) “Prohibited discharge standard” means any standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by industrial users regardless of industrial category.

NR 211.03(18) (18) “Regulated stream” means a stream regulated by a categorical pretreatment standard.

NR 211.03(19) (19) “Removal” means a reduction in the amount of a pollutant in the POTW’s effluent or alteration of a pollutant during treatment at the POTW. The reduction or alteration may be physical, chemical or biological and may be the result of designed POTW capabilities or incidental to the operation of the treatment system. Removal does not mean dilution of a pollutant in the POTW.

NR 211.03(19m) (19m) “Significant industrial user” means:

NR 211.03(19m)(a) (a) Any industrial user subject to the categorical pretreatment standards in chs. NR 221 to 297, except as provided in s. NR 211.15 (4) (d);

NR 211.03(19m)(b) (b) Any industrial user which discharges an average of 25,000 gallons per day or more of wastewater to the POTW, excluding sanitary, noncontact cooling and boiler blowdown wastewater;

NR 211.03(19m)(c) (c) Any industrial user that discharges to the POTW a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

NR 211.03(19m)(e) (e) Any other industrial user designated as a significant industrial user by the control authority.

NR 211.03(20) (20) “Sludge requirements” means the following statutory provisions and regulations or permits issued pursuant to them: section 405 of the federal clean water act; 33 USC 1251 et seq.; the solid waste disposal act (SWDA), 42 USC 6901 et seq.; the federal clean air act, 42 USC 1857 et seq.; the toxic substances control act, 15 USC 2601 et seq.; the marine protection, research and sanctuaries act, 33 USC 1401 et seq.; and ch. 281, Stats.

NR 211.03(20m) (20m) “Slug” means any nonroutine, episodic discharge, such as a discharge resulting from a spill or a noncustomary batch discharge.

NR 211.03(21) (21) “Unregulated stream” means a stream not regulated by a categorical pretreatment standard.

NR 211.03(22) (22) “WPDES permit” means a permit issued to a POTW under s. 283.31, Stats., for the purposes of controlling pollutant discharge.

NR 211.03 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. (6), renum. (1) to (5) and (7) to (15) to be (2), (4), (6) to (8) and (10) to (17) and (22), cr. (1), (3), (5), (9) and (18) to (21), Register, September, 1986, No. 369, eff. 10-1-86; cr. (1m), (2e), (2s), (9m), (19m) and (20m), am. (8) and (10), r. and recr. (9), Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: cr. (1e), (4m), am. (8), cr. (8m), am. (16), (19m) (a), (c), r. (19m) (d) Register January 2014 No. 697, eff. 2-1-14; correction in (16) made under s. 13.92 (4) (b) 7., Stats., Register January 2014 No. 697.

subch. I of ch. NR 211 Subchapter I — Industrial User Requirements

NR 211.10 NR 211.10 Prohibited discharge standards.

NR 211.10(1) (1) Industrial users may not discharge pollutants into a POTW which pass through or interfere with the operation or performance of the POTW, and thereby cause or significantly contribute to a violation of the POTW’s WPDES permit.

NR 211.10(2) (2) The following pollutants may not be introduced into a POTW:

NR 211.10(2)(a) (a) Pollutants that create or contribute to a fire or explosion hazard in the POTW, including waste streams with a closed cup flashpoint of less than 140° F or 60° C using the test methods in s. NR 661.0021.

NR 211.10(2)(b) (b) Pollutants which will cause or contribute to corrosive structural damage to the POTW but in no case discharges with a pH lower than 5.0, unless the POTW is specifically designed to accommodate such discharges.