"meq" or "meq/l" means milliequivalents or milliequivalents per liter.
"MGD" or "mgd" means millions of gallons per day.
"NPDES" means the national pollutant discharge elimination system.
"pH" means the logarithm of the reciprocal of the hydrogen ion concentration or the negative logarithm of the hydrogen ion concentration.
"PSES" means pretreatment standards for existing sources.
"PSNS" means pretreatment standards for new sources.
"SS" or "TSS" means total suspended (nonfiltrable) solids.
"TDS" means total dissolved (filtrable) solids.
"WPDES" means the Wisconsin pollutant discharge elimination system.
NR 205.04 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84; cr. (40m), (43k) and (43n), Register, April, 1990, No. 412
, eff. 5-1-90; correction in (intro.) was made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545
The design rainfall amount and probable intensity of 10-year and 25-year, 24-hour rainfall events for locations in Wisconsin shall be determined from the data in table 1, or for a particular location such determination may be made on the basis of more recent rainfall probability data verified by a government agency and approved by the department for this purpose.
- See PDF for table
NR 205.05 Note
Note: The data of table 1 were obtained by extrapolation from maps published by the National Weather Service in Technical Paper No. 40, "Rainfall Frequency Atlas of the United States".
NR 205.05 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84.
NR 205.06 Effluent limitations applicable where pH is monitored continuously.
When an industrial point source discharger continuously monitors the pH of wastewater in accordance with the requirements of a WPDES permit and the pH limits in the permit are established as part of the effluent limitations applicable to the category of dischargers to which the industrial point source belongs, the permittee shall maintain the pH of such wastewater within the range of the categorical limits, except pH excursions from the range are permitted subject to the following constraints:
The total time during which the pH values are outside the range of categorical pH limits may not exceed 7 hours and 26 minutes in any calendar month.
An individual excursion from the range of categorical pH limits may not exceed 60 minutes.
NR 205.06 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84; correction in (3) was made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545
The following conditions shall be included in all WPDES permits issued by the department. Other conditions that may be included in POTW and non-POTW permits are contained in subs. (2)
(a) Duty to comply.
The permittee shall comply with all conditions of the permit. Any permit noncompliance is a violation of the permit and is grounds for enforcement action, permit revocation or modification, or denial of a permit reissuance application. If a permittee violates any terms of the permit, the permittee is subject to the penalties established in ch. 283, Stats.
(b) Permit actions.
As provided in s. 283.53
, Stats., after notice and opportunity for a hearing the permit may be modified, suspended, terminated or revoked and reissued for cause. If the permittee files a request for a permit modification, termination, suspension, revocation and reissuance, or submits a notification of planned changes or anticipated noncompliance, this action by itself does not relieve the permittee of any permit condition.
(c) Property rights.
The permit does not convey any property rights of any sort, or any exclusive privilege. The permit does not authorize any injury or damage to private property or any invasion of personal rights, or any infringement of federal, state or local laws or regulations.
(d) Inspection and entry.
The permittee shall allow an authorized representative of the department, upon the presentation of credentials, to:
Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records are required under the conditions of the permit;
Have access to and copy, at reasonable times, any records that are required under the conditions of the permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under the permit; and
Sample or monitor at reasonable times, for the purposes of assuring permit compliance, any substances or parameters at any location.
(e) Recording of results.
For each effluent measurement or sample taken, the permittee shall record the following information.
The date, exact place, method and time of sampling or measurements;
(f) Records retention.
The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application for the permit for a period of at least 3 years from the date of the sample, measurement, report or application. All pertinent sludge information, including permit application information and other documents specified in the permit or ch. NR 204
, shall be retained for a minimum of 5 years. The department may request that this period be extended by issuing a public notice to modify the permit to extend this period.
(g) Signatory requirement.
Except as provided by this paragraph, all applications, reports or information submitted to the department shall be signed for a corporation by a responsible corporate officer including a president, secretary, treasurer, vice president or manager; and for a municipality by a ranking elected official; or other person authorized by one of those officers or officials and who has responsibility for the overall operation of the facility or activity regulated by the permit. The representative shall certify that the information was gathered and prepared under his or her supervision and based on inquiry of the people directly under his or her supervision that, to the best of his or her knowledge, the information is true, accurate and complete. Upon written request to the department and subject to the department's approval, a permittee may submit information by electronic media or electronic transmission provided the permittee signs and submits an appropriate agreement certifying that the information was gathered and prepared under his or her supervision and, based on inquiry of the people directly under his or her supervision, that to the best of his or her knowledge the information is true, accurate and complete. The party signing the agreement shall make a similar certification when submitting subsequent information by electronic media or electronic transmission. Electronic reporting shall be an alternative to written reports. The permittee's agreements shall be signed by a responsible corporate officer or ranking elected official designated in this paragraph.
(h) Compliance schedules.
Reports of compliance or noncompliance with interim and final requirements contained in any compliance schedule of the permit shall be submitted in writing within 14 days after the schedule date, except that progress reports shall be submitted in writing on or before each schedule date for each report. Any report of noncompliance shall include the cause of noncompliance, a description of remedial actions taken and an estimate of the effect of the noncompliance on the permittee's ability to meet the remaining schedule dates.
A permit is not transferable to any person except after notice to the department. In the event of a transfer of control of a permitted facility, the prospective owner or operator shall file a new permit application and shall file a stipulation of permit acceptance with the department WPDES permit section. The department may require modification or revocation and reissuance of the permit to change the name of the permittee and to reflect the requirements of ch. 283, Stats.
(j) Proper operation and maintenance.
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the permittee to achieve compliance with the conditions of the permit. The wastewater treatment facility shall be under the direct supervision of a state certified operator as required in s. NR 108.06 (2)
. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training as required in ch. NR 114
and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(k) Duty to mitigate.
The permittee shall take all reasonable steps to minimize or prevent the likelihood of any adverse impacts to public health, the waters of the state, or the environment resulting from noncompliance with the permit.
(L) Duty to provide information.
The permittee shall furnish the department, within a reasonable time, any information which the department may request to determine whether cause exists for modifying, terminating, suspending, revoking or reissuing the permit or to determine compliance with the permit. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall also furnish the department, upon request, copies of records required to be kept by the permittee.
(m) Duty to comply with new federal sludge standards.
The permittee shall comply with any new federal standards or prohibitions for sludge use or disposal established under section 405 (d) of the clean water act within the time provided in the federal regulations that establishes the standards even if the permit has not yet been modified to incorporate the new standards.
(n) Duty to reapply.
If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee shall apply electronically, using the department's web-based application system, for a new permit.
(o) Need to halt or reduce activity not a defense.
It is not a defense for a permittee in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(p) Sampling procedures.
Samples and measurements taken for the purpose of monitoring shall be representative of the volume and nature of the monitored discharge and shall be taken at points specified in the permit using sample types specified in the permit and the following procedures:
Monitoring shall be conducted according to test procedures specified in ch. NR 219
. For sludge use or disposal, monitoring shall be conducted as specified in ch. NR 204
. Additional test procedures may be specified in the permit on a case-by-case basis.
The permittee shall give notice to the department of any planned physical alterations or additions to the facility that significantly change the nature or quantity of pollutants discharged.
The permittee shall give notice to the department when any treatment or operational alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and any such alteration or addition which may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional land application sites not reported during the permit application plan. Additional sites may not be used for the land application of sludge until department approval is received, as required by ch. NR 204
(r) Monitoring reports.
Monitoring results shall be reported at the intervals specified in the permit.
Monitoring results shall be reported on an electronic discharge monitoring report (eDMR) or in a form approved by the department for reporting results of monitoring of sludge use or disposal practices.
If the permittee monitors any parameter more frequently than required by the permit, using test procedures specified in ch. NR 204
, or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the eDMR or sludge reporting form submitted to the department.
Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the department in the permit.
The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The following are examples of noncompliance incidents that shall be reported within 24 hours in accordance with the requirements in subd. 1.
Any unanticipated bypass which exceeds any effluent limitation in the permit.
Violation of any maximum discharge limitation for any of the pollutants listed by the department in the permit, for either effluent or sludge.
The department may waive the written report requirement on a case-by-case basis for reports specified in subd. 2.
if the oral report has been received within 24 hours.
The permittee shall report all instances of noncompliance not reported under par. (r)
or subds. 1.
at the time monitoring reports are submitted. The reports shall contain the information specified in subds. 1.
(t) Other information.
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the department, it shall promptly submit such facts or correct information to the department.
(v) Scheduled bypassing.
Any construction or normal maintenance which results in a bypass of wastewater is prohibited unless authorized by the department in writing. If the department determines that there is significant public interest in the proposed action, the department may schedule a public hearing or notice a proposal to approve the bypass. Each request shall specify all of the following minimum information: