Register April 2018 No. 748
Chapter NR 205
Effluent limitations applicable where pH is monitored continuously.
Reasonable potential for water quality based effluent limitations.
Best management practices.
Schedules of compliance.
Ch. NR 205 Note
Note: Chapter NR 205 as it existed on September 30, 1984 was repealed and a new chapter was created effective October 1, 1984.
NR 205.01 Purpose.
The purpose of this chapter is to set forth the definitions applicable to and abbreviations used in chs. NR 200
to avoid repetition in those chapters. This chapter also sets forth permit general conditions for all WPDES permits, procedures for establishing permit limits in WPDES permits, effluent limitations applicable to non-POTWs where pH is continuously monitored, and procedures to be used for issuing general WPDES permits.
NR 205.01 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84; correction was made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545
; CR 17-002: am. Register April 2018 No. 748, eff. 5-1-18.
NR 205.02 Applicability.
The provisions of this chapter are applicable to all point source discharges of pollutants, including the land application of sludge.
NR 205.03 Definitions.
The following definitions are applicable to terms used in chs. NR 200
except as they may be superseded by a more specific definition in a particular chapter or section or in any particular issued permit.
“Bioaccumulation" means the uptake and retention of one or more substances in living tissue either by direct uptake or through uptake in the food chain or both.
“Bioassay" means the procedure in which the response of captive aquatic organisms are used to detect or measure the presence or effect of one or more substances, wastes or environmental factors, alone or in combination.
“Biological monitoring" as defined in ch. 283, Stats.
, means the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical and biological characteristic of the effluent and at appropriate frequencies and locations.
NR 205.03 Note
Section NR 210.03 (2e)
reads: “Blending" means the routing of untreated or partially treated wastewater around a biological treatment process, or a portion of a biological treatment process, within a sewage treatment facility. The routing of untreated or partially treated wastewater around a portion of a biological treatment process is considered to be blending only if the entire wastewater flow has not received biological treatment.
“Blowdown" means the minimum discharge of recirculating water necessary to prevent the buildup of materials in the water above the limits of best engineering practice.
NR 205.03 Note
Section NR 210.03 (2m)
reads: “Building backup" means an accumulation of sewage in any public or private building caused by blockage, failure or other hydraulic constraint in the sewage collection system or by blockage or failure of the building sewer or private interceptor main sewer.
“Bypass" means the intentional diversion of waste streams from any portion of a sewage treatment facility or a wastewater treatment facility. A bypass does not include a building back-up or a combined sewer overflow.
“Chronic toxicity" means the long term effects on aquatic or terrestrial organisms from exposure to a toxic pollutant as determined by whole or partial life-cycle tests.
NR 205.03 Note
Section NR 210.03 (3h)
reads: “Combined sewer overflow" means a release of wastewater from a combined sewer system directly into a water of the state or to the land surface.
NR 205.03 Note
Section NR 210.03 (3p)
reads: “Combined sewer system" means a wastewater collection system owned by a municipality that conveys domestic, commercial and industrial wastewater and storm water runoff through a single pipe system to a publicly owned treatment works.
NR 205.03 Note
Section NR 110.03 (7s)
reads: “Combined sewer treatment facility" means all the structures, pipes and other equipment that constitute the various treatment processes and treatment units employed to reduce pollutants in wastewater from combined sewer systems.
“Commercial domestic establishment" means any establishment which has the capability to collect, treat or dispose of domestic wastes including but not limited to restaurants, country clubs, mobile home parks, motels and hotels.
“Construction" as defined in ch. 283, Stats.
, means any placement, assembly or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises.
“Contaminated storm water" means a point source discharge of storm water which the department has identified as a significant contributor of pollution.
“Continuous discharge" means a facility that discharges 24 hours per day on a year-round basis except for temporary shutdowns for maintenance or other similar activities.
“Controlled diversion" means the routing of untreated or partially treated wastewater around any treatment unit within a sewage or wastewater treatment facility which is then recombined with undiverted wastewater prior to the effluent sampling location and prior to effluent discharge.
NR 205.03 Note
Controlled diversions at a sewage treatment facility do not include blending and may occur only in compliance with s. NR 205.07 (1) (v)
“Cooling water" means water which has been used primarily for cooling but which may be contaminated with process waste or airborne material. Examples are the discharge from barometric condensers or the blowdown from cooling towers.
“Department" means the department of natural resources.
“Discharge" as defined in ch. 283, Stats.
, when used without qualification includes a discharge of any pollutant.
“Discharge of pollutant" as defined in ch. 283, Stats.
, means any addition of any pollutant to the waters of this state from any point source including the land application of sludge.
“Domestic wastewater" means the type of wastewater normally discharged from plumbing facilities in private dwellings or commercial domestic establishments and includes, but is not limited to, sanitary, bath, laundry, dishwashing, garbage disposal and cleaning wastewaters.
“Effluent limitation" as defined in ch. 283, Stats.
, means any restriction established by the department, including schedules of compliance, on quantities, rate, and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into waters of the state.
“General permit" means a permit for the discharge of pollutants issued by the department under s. 283.35
“Groundwater" means the portion of subsurface water which is within the zone of saturation and includes but is not limited to perched water tables, shallow regional groundwater tables, and aquifers or zones that are seasonally, periodically or permanently saturated.
“Municipality" as defined in ch. 283, Stats.
, means any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created under law and having authority to collect, treat or dispose of sewage, industrial wastes or other wastes.
“Municipal wastewater" means the mixture of domestic, process and other wastewater tributary to any given municipal sanitary sewage or treatment system.
“New source" as defined in ch. 283, Stats.
, means any point source the construction of which commenced after the effective date of applicable effluent limitations or standards of performance.
“Noncontact cooling water" means water used for cooling which does not come into contact with any raw material, intermediate or finished product, or waste and has been used in heat exchangers, air or refrigeration compressors, or other cooling means where contamination with process waste is not normally expected.
“Owner or operator" as defined in ch. 283, Stats.
, means any person owning or operating a point source of pollution.
“Permit" as defined in ch. 283, Stats.
, means a permit for the discharge of pollutants issued by the department under ch. 283, Stats.
“Permittee" means a municipality, industry, public agency or commercial domestic establishment which is issued a permit.
“Person" as defined in ch. 283, Stats.
, means an individual, owner or operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.
“pH excursion" means an unintentional and temporary incident in which the pH value of the discharge wastewater exceeds the range set forth in the applicable effluent limitations as specified in the permit.
“Point source” as defined in s. 283.01 (12)
, Stats., means any discernible, confined and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, landfill leachate collection system, concentrated animal feeding operation or vessel or other floating craft from which pollutants may be discharged either into the waters of this state or into a publicly owned treatment works. Point source does not include diffused surface drainage or any ditch or channel which serves only to intermittently drain excess surface water from rain or melting snow and is not used as a means of conveying pollutants into waters of the state. Point source does not include uncontrolled discharges composed entirely of storm runoff when these discharges are uncontaminated by any industrial or commercial activity, unless the particular storm runoff discharge has been identified by the department as a significant contributor of pollution.
“Pollutant” as defined in s. 283.01 (13)
, Stats., means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, filter backwash, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
“Pollution" as defined in ch. 283, Stats.
, means man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
“Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product, and is likely to contain in solution or suspension various components of such raw materials or products.
NR 205.03 Note
Section NR 210.03 (10)
reads: “Sanitary sewer overflow" means a release of wastewater from a sewage collection system or an interceptor sewer directly into a water of the state or to the land surface.
“Satellite sewage collection system" means a municipally owned or a privately owned sewage collection system that conveys wastewater to another satellite sewage collection system or to another sewerage system that provides wastewater treatment and discharges under a separate WPDES permit.
“Schedule of compliance" as defined in ch. 283, Stats.
, means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or other limitation, prohibition or standard.
“Secretary" as defined in ch. 283, Stats.
, means the secretary of the department or the secretary's designee.
“Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources. Severe property damage does not mean economic loss caused by delays in production.
“Sewage" as defined in s. 299.01
, Stats., means the water carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (12)
, Stats., with such surface or groundwater as may be present.
NR 205.03 Note
Section NR 110.03 (29)
reads: “Sewage treatment facility" means all the structures, pipes and other equipment that constitute the various treatment processes and treatment units employed to reduce pollutants in sewage.
NR 205.03 Note
Section NR 210.03 (13)
“Sewage treatment facility overflow" means a release of wastewater from a location within a sewage treatment facility, other than permitted effluent outfall structures, directly to a water of the state or to the land surface. A sewage treatment facility overflow does not include blending, controlled diversions or discharges from permitted combined sewage treatment facility effluent outfall structures.
NR 205.03 Note
Section NR 110.03 (30)
reads: “Sewerage system" means all structures, conduits and pipes, by which sewage is collected, treated, and disposed of, except plumbing inside and in connection with buildings served, and service pipes, from building to street main.
“Sludge" means the accumulated solids generated during the biological treatment, chemical treatment, coagulation or sedimentation of water or wastewater.
“Standard of performance" means any restriction established on quantities, rates and concentrations of chemical, physical, biological and other constituents of wastewaters which are or may be discharged from new sources into the waters of the state.