NR 200.024(2) (2) All information contained in an application other than that specified as confidential shall be available to the public for inspection and copying. All confidential information, so identified, shall be set forth in separate documents. Effluent data may not be deemed confidential information. Effluent data includes the name and address of the permittee, the permit, the permit application, and any effluent report or information in the department's files, that identifies the amount, frequency and characteristics of the pollutants discharged. Confidential treatment will be considered only for that information identified as such in documents separate from nonconfidential information which meets the requirements of s. 283.55 (2) (c), Stats., and for which written application for confidentiality has been made pursuant to s. NR 2.19.
NR 200.024 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (2), Register, December, 1995, No. 480, eff. 1-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; renum. from NR 200.08 and am. (1), Register, November, 1999, No. 527, eff. 12-1-99.
NR 200.027 NR 200.027Analytical methods and laboratory requirements.
NR 200.027(1)(1) Methods used for analysis of samples shall be those specified as approved in ch. NR 219. Where more than one approved method exists, the department may require the applicant to repeat testing using a more sensitive approved method if results are reported as not detected.
NR 200.027(2) (2) The applicant shall submit, with all monitoring results, appropriate quality control information, as specified in the permit application or s. NR 200.22 (1) (f).
NR 200.027(3) (3) The applicant shall report numerical values for all monitoring results greater than the limit of detection, as determined by a method specified by the department, unless analyte-specific instructions in the current WPDES permit specify otherwise. The applicant shall appropriately identify all results greater than the limit of detection but less than the limit of quantitation.
NR 200.027(4) (4) Except for those tests excluded in s. NR 219.037, laboratory testing shall be performed by a laboratory registered or certified under ch. NR 149.
NR 200.027 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2015 No. 713.
subch. II of ch. NR 200 Subchapter II — Application for Discharge Permits
NR 200.03 NR 200.03Applicability and exclusions.
NR 200.03(1) (1) An application for a discharge permit shall be filed by any person who discharges or proposes to discharge any pollutant from a point source to the waters of the state, or who land applies or disposes of sludge as specified in ch. NR 204, unless the discharge is excluded under sub. (3). Discharges for which applications are required include, but are not limited to:
NR 200.03(1)(a) (a) Discharge of any pollutant to any surface water;
NR 200.03(1)(b) (b) Discharge of any pollutant including cooling waters to any surface water through any storm sewer not discharging to a publicly owned treatment works;
NR 200.03(1)(c) (c) Discharge of pollutants for the purpose of disposal, treatment, land application of sludge or containment on land areas including land disposal systems such as, but not limited to, ridge and furrow, land spreading, spray irrigation, and absorption pond systems;
NR 200.03(1)(d) (d) Discharge of pollutants to waters of the state from agriculture as specified in ch. NR 243;
NR 200.03(2) (2) Where the discharge of pollutants as set forth in sub. (1) is by hauling, the applications shall be filed by the persons responsible for the origin or treatment of the pollutants. If a person hauling sludge changes the characteristics of the sludge such that they become a generator under ch. NR 204, then that person shall apply for a permit.
NR 200.03(3) (3) The following discharges are exempt from the requirement of sub. (1):
NR 200.03(3)(a) (a) Discharges to publicly owned treatment works;
NR 200.03(3)(b) (b) Sewage discharged from vessels;
NR 200.03(3)(c) (c) Discharges from properly functioning marine engines;
NR 200.03(3)(d) (d) Discharges of domestic sewage to disposal systems, such as to septic tanks and drain fields, defined as private sewage systems in s. 145.01 (12), Stats., with a design capacity of 12,000 gallons per day or less;
NR 200.03(3)(e) (e) The disposal of septic tank pumpage and other domestic waste to the extent that it is regulated by ch. NR 113. This does not exempt centralized septage treatment facilities which are required to obtain a permit under ch. NR 204 or where storm water permit coverage is required under ch. NR 216.
NR 200.03(3)(f) (f) The disposal of solid wastes, including wet or semi-liquid wastes, at a site or operation licensed pursuant to chs. NR 500 to 538, except as required for municipal sludge in ch. NR 204 or where storm water permit coverage is required under ch. NR 216.
NR 200.03(3)(g) (g) Discharges from private alcohol fuel production systems as exempted in s. 283.61, Stats.;
NR 200.03 Note Note: This note clarifies that the statutory exemption that is referenced in s. NR 200.03(3)(g) does not apply if there is a discharge from a private alcohol fuel production system that would require NPDES permit coverage under the Clean Water Act and federal regulations. Under federal regulations and the CWA, NPDES permit coverage is required for any point source discharge of a pollutant that reaches waters of the United States. For the private alcohol fuel production system exemption in Wis. Stat. s. 283.61(2) to apply, the discharge of pollutants or disposal must be “confined to the property of the person” and therefore there would be no discharge of pollutants to waters of the United States that would require NPDES permit coverage under federal law.
NR 200.03(3)(h) (h) Discharges which have been included under the provisions of a general permit to the extent that all conditions of the general permit are met.
NR 200.03(3)(i) (i) Discharges of storm water permitted under ch. NR 216.
NR 200.03(4) (4) For the purpose of calculating the design capacity in sub. (3) (d), one of the following methods shall be used:
NR 200.03(4)(a) (a) Residential design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving residential dwellings shall be deemed equivalent to 85 bedrooms. Residential dwellings include one- and 2-family dwellings, multi-family dwellings and mobile homes.
NR 200.03(4)(b) (b) Commercial design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving commercial facilities shall be calculated on a case-by-case basis depending on the type and size of commercial establishment.
NR 200.03(4)(c) (c) Combined dwellings design capacity. The design capacity of 12,000 gallons per day for private sewage systems serving dwellings with combined residential and commercial uses shall be calculated by prorating the number of bedrooms on the basis of 85 bedrooms equaling 12,000 gallons per day for the residential dwellings and the estimated commercial wastewater flow calculated on a case-by-case basis depending on the type and size of commercial establishment to be served.
NR 200.03(5) (5) When calculating design capacity under sub. (4), if one private sewage system is located near another private sewage system, the design capacities of each of the systems shall be added together if the perimeter of the distribution cell of one system is less than 1,500 feet from the perimeter of a distribution cell of another system and the systems are under the same ownership. In this paragraph, a distribution cell is the dimensional zone that is part of a private sewage system's treatment or dispersal component where wastewater is disseminated into in situ soil or engineered soil. In this subsection, ownership means a person, group of persons, a partnership or corporation.
NR 200.03 Note Note: Any ambiguity regarding whether a system is under the same ownership shall be resolved by the department and the department of safety and professional services on a case-by-case basis.
NR 200.03 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; r. and recr. (3) (d), Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (intro.), (c), (2), (3) (e) and (f), Register, December, 1995, No. 480, eff. 1-1-96; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; am. (1) (a) and (3) (f), cr. (3) (i), Register, November, 1999, No. 527, eff. 12-1-99; am. (3) (d), cr. (4) and (5), Register, January, 2000, No. 529, eff. 2-1-00; correction in (3) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 09-123: am. (1) (intro.) Register July 2010 No. 655, eff. 8-1-10.
NR 200.04 NR 200.04Reporting of existing discharges.
NR 200.04(1)(1) Any person discharging pollutants into waters of the state, for which an application is required under s. NR 200.03 (1) (a) and (b), shall have had a complete application on file with the department at least 180 days prior to the date on which the person commenced the discharge.
NR 200.04(2) (2) Any person discharging pollutants into waters of the state, for which a complete application is required under s. NR 200.03 (1) (c), shall have had a complete application on file with the department at least 180 days prior to the date on which the person commenced the discharge.
NR 200.04(3) (3) Any person discharging pollutants into waters of the state, for which an application is required under s. NR 200.03 (1) (d), shall have a complete application on file with the department no later than 90 days following receipt of the application.
NR 200.04 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (1) and (2), Register, December, 1995, No. 480, eff. 1-1-96.
NR 200.05 NR 200.05Reporting of new discharges. Pursuant to s. 283.59, Stats.:
NR 200.05(1) (1) Any permittee discharging pollutants into waters of the state shall give notice to the department at least 180 days prior to any facility expansion, production increase, or process modification which will result in a new or increased discharge of one or more pollutants.
NR 200.05(1)(a) (a) If the new or increased discharge will result in exceeding or violating any effluent limitation of the existing permit for the discharge, the permittee shall file a new application with the department pursuant to s. 283.37, Stats., for the purpose of obtaining either a modification of the existing permit or the issuance of a new permit.
NR 200.05(1)(b) (b) If the new or increased discharge will not result in exceeding or violating any effluent limitations of the permit, the permittee shall give notice in the form of a letter addressed to the department. The letter shall refer to the number and expiration date of the existing permit, describe the proposed expansion, production increase, or process modification, and include a statement that no effluent limitation of the permit will be exceeded or violated. The letter of notification shall be signed in accordance with s. NR 200.07 (4).
NR 200.05 Note Note: The letter required in par. (b) may be mailed to the appropriate regional office or to the Department of Natural Resources, Bureau of Watershed Management, Box 7921, Madison, Wisconsin 53707.
NR 200.05(2) (2) Any permittee who has ceased to discharge and who intends to recommence a discharge, for which an application is required under s. NR 200.03, whether under the former or new ownership or management, shall file a complete application with the department no later than 180 days prior to the date on which the permittee intends to recommence discharge.
NR 200.05(3) (3) Any person who intends to commence a new discharge, for which an application is required under s. NR 200.03, shall file a complete application with the department no later than 180 days prior to the date on which the person intends to commence discharging.
NR 200.05(4) (4) Any person discharging, or intending to commence discharging, into a publicly or privately owned treatment works who is or will become subject to the discharge reporting requirements of s. 283.37 (4), Stats., shall give notice of the following, to the department and the owner or operator of the treatment works, using the form prescribed in ch. NR 202, at least 180 days prior to:
NR 200.05(4)(a) (a) Any introduction of pollutants into the treatment works from any source, or
NR 200.05(4)(b) (b) Any introduction of types or volumes of pollutants into the treatment works which were not described in the report submitted under s. 283.37 (4), Stats.
NR 200.05(5) (5) The owner or operator of a publicly or privately owned treatment works receiving a notice under sub. (4) is subject to sub. (1) and shall also include in the notice information on the quality and quantity of effluent to be introduced into the treatment works, and any anticipated impact of the pollutants on the quantity and quality of effluent and sludge to be discharged from the treatment works.
NR 200.05 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (4) (intro.) and (a) and (5), Register, December, 1995, No. 480, eff. 1-1-96; correction in (1) (a) and (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; am. (intro.), (1) (b) and (4) (intro.), Register, November, 1999, No. 527, eff. 12-1-99.
NR 200.06 NR 200.06Application for reissuance.
NR 200.06(1) (1) Pursuant to s. 283.53 (3), Stats., a permittee who wishes to continue to discharge after the expiration of the permit shall file an application with the department for reissuance of the permit at least 180 days prior to its expiration, unless permission for a later date has been granted by the department.
NR 200.06(2) (2) The application for reissuance of a permit shall be submitted electronically using the department's web-based application system and shall be signed in accordance with s. NR 200.07 (4).
NR 200.06 Note Note: The department's web-based application system can be accessed at: http://dnr.wi.gov/topic/Switchboard/
NR 200.06(3) (3) Data or information supplied in or with the application for reissuance and additional data or information which may be requested in accordance with s. NR 200.09, will be used as set forth in s. NR 200.024.
NR 200.06(4) (4) The department may require an applicant to report on application forms any information the department needs to correspond with the applicant or assemble the permit components or conditions appropriate for the particular discharge including:
NR 200.06(4)(a) (a) General facts about the applicant or facility, including coverage under other environmental permits, sources of wastewater and information on the treatment system for which a permit is requested.
NR 200.06(4)(b) (b) Data available to the applicant through information searches or measurements taken by the applicant.
NR 200.06(4)(c) (c) Information obtained by the applicant as a result of requirements in previous permits.
NR 200.06(4)(d) (d) Information on results of testing, including quality control information, obtained by the applicant through investigations, such as pilot studies or effluent or ambient monitoring.
NR 200.06 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (2), Register, November, 1996, No. 491, eff. 12-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; cr. (4), Register, November, 1999, No. 527, eff. 12-1-99; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; CR 09-123: am. (2) Register July 2010 No. 655, eff. 8-1-10.
NR 200.065 NR 200.065Application monitoring requirements for discharges to surface waters.
NR 200.065(1) (1)Existing discharges. An applicant for permit issuance or reissuance with an existing discharge to surface waters shall monitor as follows and report the monitoring results on application forms.
NR 200.065(1)(a) (a) Samples shall be as representative of normal effluent quality as possible.
NR 200.065(1)(b) (b) Minimum monitoring requirements for each type of point source that conveys a wastewater discharge are specified in Table 1. - See PDF for table PDF - See PDF for table PDF
1Primary industries are required to test only those GC/MS fractions that are specified in 40 CFR 122, Appendix D, revised Table 1.
NR 200.065(1)(c) (c) Persons collecting multiple samples for a pollutant shall allow at least a 24 hour interval between consecutive samples.
NR 200.065(1)(d) (d) The department may require the applicant to monitor 11 times for chloride for major municipal discharges or minor municipal discharges when the source of wastewater is from hard water communities, or for industrial process wastewater discharges from dairies, canneries, meat processors, water utilities that utilize ion-exchange water softening and other industrial categories expected to have high chloride levels.
NR 200.065(1)(e) (e) The department may require the applicant to monitor 4 times for the metals arsenic, cadmium, lead, nickel and zinc for major municipal discharges or minor municipal discharges when levels of those metals measured in the wastewater treatment system sludge from a facility are abnormally high compared with other similar facilities in the state.
NR 200.065(1)(f) (f) The department may require the applicant to monitor for the dioxin and furan congeners listed in s. NR 106.115 (2) for a major municipal discharge or minor municipal discharge when sources of wastewater include a pulp or paper mill or both, a leather tannery, a petroleum refinery or an organic chemical manufacturer or for a primary industrial discharge if the industry is a pulp or paper mill or both, a leather tannery, a petroleum refinery or an organic chemical manufacturer.
NR 200.065(1)(g) (g) The department may require monitoring for any other pollutant not specified in Table 1 if its presence could be reasonably expected based on wastewater sources.
NR 200.065(1)(h) (h) An applicant for permit reissuance may apply test data collected to fulfill current permit required monitoring or data collected for other reasons to fulfill these requirements if:
NR 200.065(1)(h)1. 1. No more than 5 years have elapsed since the monitoring; and
NR 200.065(1)(h)2. 2. No operational changes have occurred since the monitoring.
NR 200.065(1)(i) (i) Unless the monitoring is required by federal regulations, the department may exempt applicants from some or all of the monitoring requirements in this subsection for reasons including, but not limited to, any of the following:
NR 200.065(1)(i)1. 1. Parameters such as flow, hardness or pH measured in the discharge or receiving water would result in proposed effluent limitations for a pollutant much greater than anticipated discharge levels for that pollutant, based upon measurements from similar discharges.
NR 200.065(1)(i)2. 2. Proposed effluent limitations for a pollutant would be much greater than anticipated discharge levels for that pollutant, based on previous measurements made since significant facility changes have occurred.
NR 200.065(1)(i)3. 3. Previous monitoring from similar facilities indicate the absence of significant quantities of a pollutant or class of pollutants.
NR 200.065(2) (2)New discharge. The department may require a person applying for a new discharge permit to conduct pilot studies or other tests or provide effluent data from similar facilities to project pollutant levels in the proposed discharge.
NR 200.065 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 17-002: am. Table 1 Register April 2018 No. 748, eff. 5-1-18.
NR 200.07 NR 200.07Application forms.
NR 200.07(1) (1) Application for a discharge permit shall be in a form approved by the department. Different application forms are used to provide information from different types of sources of discharge. The department may prescribe forms prepared by the environmental protection agency for use when appropriate or may modify such forms as necessary.
NR 200.07(2) (2) Application forms may be obtained by contacting the department.
NR 200.07 Note Note: Persons may obtain application forms by writing to the department regional office or the Department of Natural Resources, Bureau of Watershed Management, Box 7921, Madison, Wisconsin 53707 or by calling one of those offices. Persons requesting an application form should say they wish to apply for a WPDES permit and provide their name, address, telephone number and a brief description of the facility which will generate the wastewater discharge.
NR 200.07(3) (3) Application forms shall be filed with the department at the address provided on the application.
NR 200.07(4) (4) Persons submitting application forms or electronic permit application agreements to the department shall sign the form or agreement and certify to the accuracy of the information pursuant to s. NR 205.07 (1) (g).
NR 200.07(5)(a)(a) Applications for new or existing manufacturing, commercial, mining, silvicultural, and non-contact cooling water dischargers, sewage sludge generators, and publicly owned treatment works. In addition to any other information required under ch. 283, Stats., or other WPDES permit application regulations, an owner or operator of a facility applying for a WPDES permit shall submit the information specified in 40 CFR 122. 21(f) through (h), (j), (k) and (q) that is required for the applicant’s type of discharge. The applicant shall submit this information on the application form in sub. (1), or as an attachment to the form.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.