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)
Hearings shall be held at locations which are most convenient geographically to the largest number of petitioners.
Procedures for the appearance at, and conduct of, hearings held under this section shall be in accordance with ss. NR 203.08
The department shall make a final determination on the proposal to issue, reissue, modify, revoke and reissue, or terminate a general permit based upon the consideration of statements by the public, government agencies and any other pertinent information. A notice of final determination shall be prepared and circulated in accordance with s. NR 203.13
NR 205.08 History
Cr. Register, September, 1984, No. 345
, eff. 10-1-84; am. (1) (b), (5) (intro.) and (a), Register, April, 1987, No. 376
, eff. 5-1-87; correction in (10) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1987, No. 376
; CR 14-027
: am. (8) (intro.), (a), (h), (j), cr. (8) (k), am. (9), (10) (a), (e) Register July 2015 No. 715
, eff. 8-1-15.
NR 205.10 Best management practices.
Best management practices to control or abate the discharge of pollutants shall be included in a WPDES permit issued by the department in all of the following cases:
When the permit is authorized under section 33 USC 1314
(e) for the control of toxic pollutants and hazardous substances from ancillary industrial activities.
When numeric effluent limitations are infeasible.
When the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of ch. 283, Stats.
and the Clean Water Act.
NR 205.10 Note
Chapters NR 216
also include regulations requiring best management practices for WPDES permittees for control of stormwater discharges and concentrated animal feeding operations (CAFOs).
NR 205.10 History
History: CR 17-002: cr. Register April 2018 No. 748, eff. 5-1-18. NR 205.14
NR 205.14 Schedules of compliance.
A WPDES permit may, when appropriate, include a schedule of compliance leading to compliance with permit limitations. Any schedule of compliance for water quality based effluent limitations for phosphorus shall be consistent with all of the requirements in s. NR 217.17
. Any other schedule of compliance included in a permit shall be consistent with all of the requirements in s. NR 106.117
NR 205.14 History
History: CR 17-002: cr. Register April 2018 No. 748, eff. 5-1-18.