(6) Exception. Subsections (1)
do not apply to pollutants or limitations that are subject to the procedures in ch. NR 106
NR 205.067 History
History: CR 17-002: cr. Register April 2018 No. 748, eff. 5-1-18; correction in (5) (a) (intro.), (6) made under s. 35.17, Stats., Register April 2018 No. 748. 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.
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(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.
The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process nor reported pursuant to an approved land 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.
Sanitary sewer overflows and sewage treatment facility overflows shall be reported in accordance with s. NR 210.21 (4)
. Permittees shall report all other 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 five 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.
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. 1.
if the oral report has been received within 24 hours.
The permittee shall report other instances of noncompliance not reported under subd. 1.
at the time discharge monitoring reports are submitted either on the report itself or as an attachment to the report. The reports shall contain the information specified in subd. 1.
and shall be submitted to the department at the intervals specified in the permit.
(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.
Except for a controlled diversion as provided in par. (v)
, any bypass is prohibited. The Department may approve the following:
The bypass event is blending at a sewage treatment facility and complies with the requirements of s. NR 210.12
2. `Scheduled bypass.'
The bypass event is scheduled or anticipated in advance by the permittee and the permittee received prior written approval from the department for the scheduled bypass. A permittee's written request for department approval of a scheduled bypass shall demonstrate that the conditions in subd. 3.
are met and include the proposed date and reason for the bypass, estimated volume and duration of the bypass, alternatives to bypassing, and measures to mitigate environmental harm caused by the bypass. The department may require the permittee to provide public notification for a scheduled bypass if it is determined there is significant public interest in the proposed action.
NR 205.07 Note
Note: If the department determines there is significant public interest in the proposed action, the department may schedule a public hearing or notice regarding the proposal for a scheduled bypass.
3. `Other bypass.'
The permittee demonstrates that all of the following apply:
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities or adequate back-up equipment, retention of untreated wastes, reduction of inflow and infiltration, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.
NR 205.07 Note
Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, costs and affordability of implementation and risks to public health, the environment, and, where the permittee is a municipality, the welfare of the community served.
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Pursuant to ss. 283.89
, Stats., violations of permit conditions or rule requirements are referred to the department of justice for enforcement.
Controlled diversions are allowed provided the following requirements are met:
Effluent from the sewage treatment facility or wastewater treatment facility shall meet the effluent limitations established in the permit. Wastewater that is diverted around a treatment unit or treatment process during a controlled diversion shall be recombined with wastewater that is not diverted prior to the effluent sampling location and prior to effluent discharge.
A controlled diversion may not occur during periods of excessive flow or other abnormal wastewater characteristics.
A controlled diversion may occur only when necessary for essential maintenance to assure efficient operation.
NR 205.07 Note
Note: Sewage treatment facilities that have multiple treatment units to treat variable or seasonal loading conditions may shut down redundant treatment units when necessary for efficient operation.
A controlled diversion may not result in a sewage treatment facility or wastewater treatment facility overflow.
All instances of controlled diversions shall be documented in sewage treatment facility or wastewater treatment facility records and such records shall be available to the department on request.
Permit as enforcement shield.
Compliance with a permit during its term constitutes compliance for purposes of enforcement with 33 USC 1311
, and 1345
(a) and (b), except for any toxic effluent standard or prohibition, and standards for sewage sludge use or disposal. If a new or revised toxic effluent standard or toxic prohibition becomes effective during the term of the permit, the permittee may be subject to enforcement action if the discharge exceeds the new or revised effluent standard for the toxic pollutant even though the discharge is in compliance with the existing permit. The permittee may also be subject to enforcement action standards for sewage sludge use or disposal. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in ch. 283, Stats.
, and ch. NR 203
NR 205.07 Note
The toxic effluent standards in s. NR 205.07 (1) (x)
are the technology based limitations applicable to the categorical sources in accordance with 33 USC 1317
(sec. 307 of the Clean Water Act). Refer to 40 CFR 122.5
Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.
The following conditions may be included in a WPDES permit issued by the department to the owner or operator of a POTW.
(a) POTW's and planned changes.
All permittees who are POTWs shall provide adequate advance notice to the department of the changes in subds. 1.
Written notice shall provide information on the quality and quantity of effluent introduced into the POTW, and any anticipated impact of the change on the quantity or quality of effluent and sludge to be discharged from the POTW.
Any new introduction of pollutants into a POTW from an indirect discharger which would be subject to s. 283.31
, Stats., if it were directly discharging those pollutants; and