(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.
NR 205.07 Note
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
Any substantial change in the volume or character of pollutants being introduced into the POTW by a source introducing pollutants into the POTW at the time of permit issuance.
(b) Prohibited wastes.
Under no circumstances may the introduction of wastes prohibited by s. NR 211.10
be allowed into the waste treatment system. Prohibited wastes include those:
Which will cause corrosive structural damage to the treatment work;
Solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with the proper operation of the treatment work;
Wastewaters at a flow rate or pollutant loading which are excessive over relatively short time periods so as to cause a loss of treatment efficiency; or
Changes in discharge volume or composition from contributing industries which overload the treatment works or cause a loss of treatment efficiency.
The permittee shall require any industrial user of the permitted facility to meet pretreatment standards established under s. 283.21 (2)
, Stats., and to provide records or reports, or all information, related to compliance with pretreatment standards.
(dm) Unscheduled sludge removal.
Any disposal of grit, screenings, scum, sludges or other solids generated as a result of wastewater treatment processes shall be prohibited unless such disposal is authorized by a WPDES permit or other department license or approval.
(e) Priority system for septage acceptance at a POTW.
A POTW that accepts septage for treatment and disposal and is unable to accommodate all the requests for acceptance by licensed disposers shall use the following priority system for acceptance:
1. First priority.
Wastes from existing or new holding and septic tanks within the POTW's sewer service area and holding tanks within the POTW's holding tank service area.
2. Second priority.
Wastes from existing holding tanks for residential or commercial establishments outside the POTW's sewer service area and holding tank service area but inside the POTW's planning area where the holding tank was installed to replace an inadequate private sewerage system.
3. Third priority.
Wastes from existing septic tanks and holding tanks that were installed not as a replacement to an inadequate sewer system for residential or commercial establishments outside the POTW's sewer service and holding tank service areas but inside the POTW's planning area.
4. Fourth priority.
Wastes from new or existing septic and holding tanks for residential or commercial establishments outside the POTW's planning area.
(f) Septage treatment requirements by a POTW.
Except as provided in s. 281.49
, Stats., a POTW shall accept, treat and dispose of all of the following septage:
Holding tank wastewater that is generated outside the POTW's sewer service area but inside or equal to the POTW's planning area where a contract has been developed for acceptance, treatment or disposal.
The following conditions may be included in a WPDES permit issued by the department to the owner or operator of a non-POTW.
(a) Removed substances.
Solids, sludges, filter backwash or other pollutants removed from or resulting from treatment or control of wastewaters or intake waters shall be stored and disposed of in a manner to prevent any pollutant from the materials from entering the waters of the state. Land disposal or application of treatment plant solids and sludges shall be at a site or operation licensed by the department under chs. NR 500
or chs. NR 660
or in accordance with ch. NR 204
(b) Spill reporting.
The permittee shall notify the department in accordance with ch. NR 158
, in the event that a spill or accidental release of any material or substance results in the discharge of pollutants to the waters of the state at a rate or concentration greater than the effluent limitations established in the permit, or the spill or accidental release of the material is unregulated in the permit, unless the spill or release of pollutants has been reported to the department under this section.
NR 205.07 Note
Note: Chapter NR 158 has been repealed.
(c) Planned changes.
In accordance with ss. 283.31 (4) (b)
and 283.59 (1)
, Stats., the permittee shall report to the department any facility expansion, production increase or process modifications which will result in new, different or increased discharges of pollutants. The report shall either be a new permit application or, if the new discharge will not violate the effluent limitations of the permit, a written notice of the new, different or increased discharge. The notice shall contain a description of the new activities, an estimate of the new, different or increased discharge of pollutants and a description of the effect of the new or increased discharge on existing waste treatment facilities. Following receipt of this report, the department may modify the permit to specify and limit any pollutants not previously regulated in the permit.
NR 205.07 Note
Note: The notification should be directed to the industrial wastewater section.
NR 205.07(3)(d)1.1. `Routine or frequent increase.'
The permittee shall notify the department in writing as soon as it knows or has reason to believe that any activity has occurred or will occur which would result, on a routine or frequent basis, in the discharge of any toxic pollutant which is not limited in the permit, if that discharge exceeds the highest of the following levels.
Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
Five times the maximum concentration value reported for that pollutant in the permit application; or
A notification level greater than the level in subd. 2. a.
, which the department has included as a special condition of the permit.
2. `Nonroutine or infrequent increase.'
The permittee shall notify the department in writing as soon as it knows or has reason to believe that any activity has occurred or will occur which would result, on a nonroutine or infrequent basis, in any discharge of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following levels.
Ten times the maximum concentration value reported for that pollutant in the permit application; or
A notification level greater than the level in subd. 2. a.
, which the department has included as a special condition to the permit.
(e) Duty to halt or reduce activity.
Upon failure or impairment of treatment facility operation, the permittee shall, to the extent necessary to maintain compliance with its permit, curtail production or wastewater discharges or both until the treatment facility operations are restored or an alternative method of treatment is provided.
Upon written request to the department and subject to the department's approval, a permittee may submit an electronic permit application or reapplication provided the permittee signs and submits an electronic permit application or reapplication 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.
NR 205.07 Note
Note: An electronic permit application or reapplication agreement may be obtained from the bureau of watershed management, department of natural resources, P.O. Box 7921, Madison, Wisconsin 53707-7921.
NR 205.07 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84; cr. (2) (d) 4., Register, October, 1986, No. 370
, eff. 11-1-86; cr. (2) (h) and (i), Register, September, 1987, No. 381
, eff. 10-1-87; am. (1) (intro.), (a), (b), (f), (k) and (l), cr. (l) (m), (n), (o), (q), (s) and (t), r. and recr. (2) (a), r. (2) (d) 4., (3) (e) and (k), renum. (2) (d) 1. to 3., (2) (f), (h) and (i), (3) (a) to (d), (f) to (j) to be (l) (u) and (v), (2) (d), (e) and (f), (l) (p) 1. and 2., (r) 2. and (intro.), (3) (a) to (e) and am. (2) (f) (intro.), (l) (p) 2., (l) (r) and (3) (a), Register, December, 1995, No. 480
, eff. 1-1-96; cr. (5), Register, November, 1996, No. 491
, eff. 12-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491
; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500
; corrections in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650
; CR 09-123
: am. (1) (n), (r) 1., 2., (v) and (2) (d), r. (1) (r) 4. and (u) Register July 2010 No. 655
, eff. 8-1-10; CR 12-027
: am. (1) (s) (title), 1., 2. a., 3., 4., cr. (1) (u), r. and recr. (1) (v), r. (2) (d) Register July 2013 No. 691
, eff. 8-1-13; CR 14-027
: am. (1) (a), (b), r. and recr. (1) (g), (q), cr. (1) (x), (y) Register July 2015 No. 715
, eff. 8-1-15; correction in (1) (g) made under s. 35.17, Stats., Register July 2015 No. 715