Effluent limitations in permits.
The department shall impose permit effluent limitations or effluent standards for discharges of pollutants on the discharge point of the permitted facility except as provided in sub. (2)
(2) Internal waste streams.
The department may impose permit effluent limitations or effluent standards for discharges of pollutants on an internal waste stream when all of the following are true:
Imposing effluent limitations or standards at the point of discharge is impractical or infeasible.
The internal waste stream has not mixed with other waste streams or cooling water streams.
The fact sheet under ch. NR 201
states the reasons why it is necessary to impose effluent limitations or standards on an internal waste stream.
(3) Calculation of effluent limitations for POTWs.
For continuous dischargers as defined in s. NR 205.03 (9g)
and subject to ch. NR 210
, effluent limitations shall be based on the maximum effluent flow, expressed as a daily average, that is anticipated to occur for 12 continuous months during the design life of the treatment facility unless it is demonstrated to the department that such a design flow rate is not representative of projected flows at the facility.
(4) Calculation of effluent limitations for other continuous discharges.
For all other discharges not subject to ch. NR 210
, effluent limitations shall be calculated based on actual representative flow values except as provided in pars. (a)
For new discharges, production-based effluent limitations shall be estimated using projected production.
If a facility is expanding or decreasing production levels, the department may use an estimated alternative production value to calculate production-based effluent limitations.
(5) Intake water credit.
If requested by the permittee in the permit application for issuance or reissuance, technology-based effluent limitations shall, for each substance or parameter, be adjusted to reflect the discharger's intake water if all of the following conditions are met:
The permittee does not discharge raw water clarifier sludge generated from the treatment of intake water.
The permittee demonstrates that the applicable technology-based effluent limitation for the pollutant would be met in the absence of the pollutant in the intake water.
The permittee demonstrates that the constituents of the pollutant in the effluent are substantially similar to the constituents of the pollutant in the intake water. The permittee shall also demonstrate that the intake water is drawn from the same waterbody as defined in s. NR 106.03 (11m)
from into which the discharge is made.
(6) Maximum intake water credit.
If intake credit is granted pursuant to sub. (5)
, that intake credit cannot exceed the maximum value equal to the influent value, and shall be no greater than the value necessary to comply with the applicable permit effluent limitation. Additional monitoring may be included in the permits to determine eligibility for credits and compliance with the applicable limits.
(7) Effluent Limit expression.
Effluent limitations shall be expressed in accordance with this subsection except if the department determines it is impracticable, or if the department determines that different time periods for expressing limitations are needed to ensure compliance with the applicable water quality standard and different time periods are established in another rule provision for a specific pollutant. Water quality-based effluent limitations for toxic pollutants shall be expressed in a permit in accordance with ch. NR 106
. Effluent limitations shall be expressed in accordance with all of the following:
For continuous dischargers as defined in s. NR 205.03 (9g)
and subject to ch. NR 210
, limitations shall be expressed as average weekly and average monthly discharge limitations.
For continuous discharges as defined in s. NR 205.03 (9g)
and not subject to ch. NR 210
, limitations shall be expressed as daily maximum and average monthly discharge limitations.
For seasonal discharges, discharges proportional to stream flow, or other unusual discharge situations that do not meet the definition of a continuous discharge in s. NR 205.03 (9g)
, limitations shall be expressed on a case-by-case basis. When determining limitations the department shall consider all of the following factors:
Whether the pollutant is subject to other limitations expressed by mass, concentration, or other appropriate measure in the permit.
NR 205.065 Note
An example of a different time period for expressing limits for a specific pollutant or parameter is phosphorus limitations as specified in s. NR 217.14
All pollutants limited in permits shall have limitations, standards, or prohibitions expressed in terms of mass, except for any of the following situations:
Pollutants limited in permits that cannot be appropriately expressed by mass such as pH, chlorine, temperature, radiation, or other pollutants.
When applicable standards and limitations are expressed in terms of other units of measurement.
If limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation.
If a mass limit is included in the permit for a pollutant, the pollutant may also be limited in terms of other units of measurement in the permit, and the permit shall require the permittee to comply with both limitations.
All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of total recoverable in a permit unless any of the following conditions apply:
An applicable effluent standard or limitation has been promulgated and specifies the limitation for the metal in dissolved or valent or total form.
In establishing permit limitations on a case-by-case basis, it is necessary to express the limitation for the metal in the dissolved or valent or total form to carry out the provisions of the federal Clean Water Act or ch. 283, Stats.
All approved analytical methods for the metal inherently measure only the dissolved form of the pollutant.
NR 205.065 History
History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16. NR 205.066(1)
The department shall determine on a case-by-case basis the monitoring frequency to be required for each effluent limitation in a permit. Monitoring shall occur at the point of discharge or at the internal waste stream if the permit limitations are imposed on the internal waste stream under s. NR 205.065 (2)
unless an alternative location is established by the department in the permit.
(2) Production limit documentation.
If limits are calculated under s. NR 205.065 (4) (a)
the permittee shall submit with the DMR the level of production that actually occurred during each month limits are effective.
(3) Exceedance of production limits.
The permittee shall comply with the limitations, standards, and prohibitions calculated under s. NR 205.065 (4) (b)
unless the permittee has notified the department in writing of an anticipated exceedance of the estimated alternative design flow used to calculate limits, in which case the permittee may comply with an alternative design flow, not to exceed the production level specified in the notice. Written notifications must be submitted to the department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit
and shall specify the anticipated level, period during which the permittee expects to operate at the alternate level, and the reasons for the anticipated production level increase. Notice of increased discharge must be submitted to the department for all exceedances not covered in previous notifications.
NR 205.066 History
History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16. NR 205.07(1)
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 termination, revocation and reissuance, 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, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay 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.
All permit applications, reports, and other information requested by the department shall be signed by a responsible executive or municipal officer, manager, partner or proprietor as specified in s. 283.37 (3)
, Stats., or a duly authorized representative of the officer, manager, partner or proprietor that has been delegated signature authority pursuant to subd. 2.
All applications and reports submitted to the department shall include the certification statement specified in subd. 3.
NR 205.07 Note
Section 283.37 (3)
, Stats. states that an application form shall be signed by:
NR 205.07 Note
(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the principal executive officer's authorized representative responsible for the overall operation of the point source for which a permit is sought.
NR 205.07 Note
(aL) In the case of a limited liability company, by a member or manager.
NR 205.07 Note
(b) In the case of a partnership, by a general partner.
NR 205.07 Note
(c) In the case of a sole proprietorship, by the proprietor.
NR 205.07 Note
(d) In the case of publicly owned treatment works or a municipal separate storm sewer system by a principal executive officer, ranking elected official, or other duly authorized employee.
NR 205.07 Note
Examples of permit documents that must be signed and certified by an officer, manager, partner or proprietor or their authorized representative include: permit applications under s. NR 200.07
, variance applications under s. NR 200.23
, submittals for other permit actions under s. NR 203.135
, discharge monitoring reports under s. NR 205.07 (1) (r) 1.
, and compliance maintenance annual reports under s. NR 208.04
. In addition, any other department forms with a signature block for the authorized representative shall comply with these signatory requirements.
An officer, manager, partner or proprietor in subd. 1.
may only delegate signature authority to a duly authorized representative if that person has responsibility for the overall operation of the facility or activity regulated by the WPDES permit. To delegate signature authority, the officer, manager, partner, or proprietor shall:
Provide written permission to a duly authorized representative to submit specific documents on behalf of the officer, manager, partner, or proprietor for the permitted facility.
The delegated authorization shall specify either a named individual or an employment position that has the signature authority and responsibility.
The written permission must be submitted to the department prior to or together with the submittal of any required document. If there are any changes to this permission, a new written permission shall be submitted to the department.
Any person under subd. 1.
signing a permit application, report or other form as required by the department shall provide the following certification statement: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
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 officer or authorized representative signs and submits a certification statement in accordance with subd. 3.
(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.
(q) Reporting requirements.
The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source.
The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification requirement applies to pollutants which are not subject to effluent limitations in the existing permit.