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
The department may issue general WPDES permits applicable to designated areas of the state authorizing discharges from specified categories or classes of point sources located within those areas.
Designated areas of the state may include any of the following:
Any county, township, city or other civil or political division.
Categories or classes which may be covered by general permit are those where point sources:
Employ the same or substantially similar wastewater treatment operations to control specific pollutants;
Are subject to the same effluent limitations and monitoring requirements; and
In the opinion of the department, are more appropriately controlled under a general permit than under individual permits.
NR 205.08 Note
Section NR 210.20
requires permit authorization for all satellite sewage collection systems.
General permit issuance shall be subject to the public notice and hearing procedures of subs. (8)
General permits shall have effective terms to a maximum of 5 years from the date of issuance.
A general permit may cover more than one class or category of discharge, or more than one area of the state, provided the permit clearly identifies the conditions applicable to each included class or category, or each specific area of the state. General permits may contain effluent limitations, monitoring requirements, reporting requirements, general conditions and applicability criteria.
Individual dischargers are not required to submit formal WPDES permit applications to be eligible for coverage under a general permit. On a case-by-case basis the department may by letter require a discharger to submit information regarding a wastewater discharge which is to be covered by a general permit. On a case-by-case basis the department may by letter require a discharger to submit a notice of intent to be covered by a general permit. Following receipt of a complete notice of intent the department shall issue a determination on whether a discharger is covered by a general permit.
The department shall withdraw a point source from coverage by a general permit and issue an individual permit upon written request of the discharger.
The department may require any point source covered by a general permit to apply for and obtain an individual permit. Any person may submit a written request that the department take action under this subsection. Situations in which an individual permit may be required include:
The point source is a significant contributor of pollution or the point source is more appropriately regulated by an individual permit;
The point source is not in compliance with the terms and conditions of the general permit;
A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants from the point source or class of discharger;
Effluent limitations or standards are promulgated for a point source or class of point sources covered by the general permit and are different than the conditions contained in the general permit;
A water quality management plan containing requirements applicable to the point source is approved.
When an individual WPDES permit is issued for discharges which would otherwise be covered by a general permit, the applicability of the general permit to such discharges is terminated on the effective date of the individual permit.
An owner or operator who holds an individual WPDES permit for discharges which are eligible for coverage by a general permit may request that the department revoke the individual permit.
Any general permit issued by the department may, after an opportunity for hearing, be modified, revoked and reissued, or terminated. Whenever the department finds there is a need to modify, revoke and reissue, or terminate a general permit, a public notice shall be made allowing 30 days for public comment prior to the intended date of final action. Any public notice shall:
Be published as a class 1 notice under ch. 985, Stats.
, in all counties where dischargers may be located, or in the official state newspaper as defined in s. 985.04
, Stats., and on the department's Internet Web site.
Be mailed to any person, group, agency or unit of government upon request.
Contain a description of the discharge types or categories or classes of dischargers covered by the general permit.
Identify the waters of the state and areas of the state to which the general permit is applicable.
Identify how and where to obtain additional information, submit written comments or request a public informational hearing.
Describe the procedures to be used to formulate a final determination on the proposed action.
Be distributed for comment to the U.S. environmental protection agency, the U.S. army corps of engineers, U.S. fish and wildlife service, and other states potentially affected by the discharges. This subsection shall only apply to general permits which authorize discharges to surface waters.
Be distributed to any county and regional planning commission in any area of the state where discharges under the general permit may be authorized.
Be mailed to all facilities known by the department to be covered by a general permit in the case of termination of a general permit to a class or category of discharge.
To satisfy the mailing requirement of this of this section the department may either send a paper copy of the document in the US mail, or transmit the document electronically by email, provided the person or group does not object to electronic mailing. The document mailed may reference the department's Internet Web site where additional referenced material can be accessed.
General permits may be reissued following public notice and opportunity for hearing. The public notice procedures of sub. (8)
shall apply to general permit reissuance. Whenever possible, the department shall reissue general permits prior to the expiration date of the previous general permit to prevent the possibility of dischargers being unpermitted. Even though dischargers under a general permit are not required to submit an application for reissuance, the provisions of s. 227.51 (2)
, Stats., shall apply as though an application had been submitted by the class or category of dischargers covered by the permit.
If the department intends to terminate the coverage of a general permit to a class or category of discharger upon the expiration of the general permit, the action shall follow the procedural requirements under sub. (8)
The department shall hold public informational hearings on any proposed general permit issuance, reissuance, modification, revocation and reissuance, or termination if the department determines that there is significant public interest in holding a hearing or upon the petition of 5 or more persons. Petitions shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Requests for hearings under this section shall be submitted so that the requests will be received by the department during the 30-day comment period provided by the public notice of the proposed action.
Public notice of any hearing held under this section shall be made in accordance with the requirements of sub. (8)