NR 210.12(1)(1)
Findings. When issuing a permit, the department may, following review of the permit application and other information provided by the permittee, find that all the following conditions are met:
NR 210.12(1)(a)
(a) Excessive flow received at a sewage treatment facility will cause severe property damage if blending is not approved, including damage to the sewage treatment facility which will cause the facility or portions thereof to become inoperable;
NR 210.12(1)(b)
(b) The permittee demonstrates, as required by this section, that there are no feasible alternatives to blending such as the use of auxiliary treatment facilities, retention of untreated sewage, or the provision of other treatment and operational alternatives, and;
NR 210.12(1)(c)
(c) The permittee is required to notify the department of each blending occurrence as provided in sub.
(6).
NR 210.12(2)
(2)
Blending approvals. Blending is prohibited, but may be approved by the department and included as a specific condition in a permit. Blending may only be approved and included as a condition in a permit when all the following conditions are met:
NR 210.12 Note
Note: The department may initiate enforcement action under s.
283.89, Stats., for any blending not specifically included as a condition in a permit.
NR 210.12(2)(a)
(a) The department determines that blending may be necessary during wet weather and other high flow conditions to avoid severe property damage to the sewage treatment facility. Severe property damage occurs when the facility becomes inoperable due to loss of treatment efficiency from washout of biological media.
NR 210.12 Note
Note: A facility may be considered inoperable in cases such as, but not limited to, situations where there is a significant loss of treatment capacity in the secondary treatment unit or units as a result of wet weather or high flow conditions.
NR 210.12(2)(b)
(b) The department determines the permittee is effectively implementing a CMOM program designed to reduce, to the maximum extent practicable, the entry of infiltration and inflow into the system, as required in s.
NR 210.23.
NR 210.12(2)(c)
(c) The department determines at each permit reissuance or permit modification related to the practice of blending that there are no feasible alternatives to the use of the blending, such as the use of auxiliary treatment or storage facilities, retention of untreated wastewater, reduction of excessive flow, use of adequate backup equipment, or an increase in the capacity of the sewage collection system or interceptor system.
NR 210.12 Note
Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, the relationship between the control of storm water and the control of infiltration and inflow into the sewage collection system, costs and affordability of implementation, and risks to public health, the environment, and welfare of the community served by the sewage collection system.
NR 210.12(2)(d)
(d) The design of the sewage treatment facility is approved by the department to operate with blending.
NR 210.12(3)
(3)
Conditions for blending. The following requirements shall be met whenever blending is included as a condition in a permit:
NR 210.12(3)(a)
(a) Blending may occur temporarily only during wet weather or other high flow conditions when peak wastewater flow to the sewage treatment facility exceeds the maximum design and operating capacity of the biological treatment processes and when necessary to avoid severe property damage to the sewage treatment facility as determined under sub.
(2) (a).
NR 210.12(3)(b)
(b) Untreated or partially treated wastewater that is routed around a biological treatment process or a portion of a biological treatment process shall be recombined with the biologically treated wastewater, and the combined flow shall be disinfected, if required by the WPDES permit, prior to discharge.
NR 210.12(3)(c)
(c) Effluent from the sewage treatment facility shall be monitored to include all wastewater that is discharged from the facility, including those wastewaters that are diverted around the biological treatment process and shall meet the effluent limitations established in the permit including, at minimum, those limitations specified in s.
NR 210.05 (1) (a) to
(d).
NR 210.12(4)
(4)
Blending approvals. The department may approve and include a condition in a permit for blending if the permittee operates sewage treatment facilities approved by the department that provide a separate sewage treatment process or processes solely for excess flow or that provide a sewage treatment process as an alternative to a biological treatment process and complies with all other requirements of this section.
NR 210.12(5)
(5)
Permit applications. A permittee may only apply for a department approval to include blending as a permit condition at the time of application for permit reissuance or permit modification. A permittee may use information in a facilities plan approved under ch.
NR 110 in its permit application under this subsection. At the time of permit application, a permittee may demonstrate that the relevant information in a previously approved facilities plan is current. If the relevant information in the approved facilities plan is not reflective of current operations, the permittee shall submit new information or may update the facilities plan with new information that demonstrates there are no feasible alternatives to the use of blending.
NR 210.12(6)
(6)
Reporting. Any blending under this section shall be reported to the department by telephone, fax or email no later than 24 hours from the time each blending operation ceases at the sewage treatment facility, including operation of an alternative treatment process as provided in sub.
(4). Permittees shall also report the time, duration, and volume of wastewater routed around the biological treatment process, or routed through an alternative treatment process as provided in sub.
(4), on the wastewater discharge monitoring report form required by the permit. These reporting requirements shall apply whether blending was or was not included as a condition in the permit.
NR 210.12 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
Subchapter IV — Overflows and Sewage Collection Systems
NR 210.19
NR 210.19 Applicability. This subchapter applies to all publicly owned treatment works and privately owned domestic treatment works that own and operate a sewage collection system, including satellite sewage collection systems.
NR 210.19 Note
Note: Chapter
NR 114 may require the certification of operators for sewage collection systems subject to the requirements of this subchapter.
NR 210.19 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.20
NR 210.20 Permits for satellite sewage collection systems. All municipally owned satellite sewage collection systems shall be operated under the authorization of a general permit or an individual permit issued by the department. The department may require privately owned satellite sewage collection systems to be operated under the authorization of a general permit or an individual permit issued by the department if the department determines a permit is necessary to assure compliance with the requirements of this subchapter. General permits shall be issued following the procedures in s.
NR 205.08 and shall require compliance with all applicable provisions of this subchapter. The department may issue an individual permit, including a compliance schedule for sewage collection system investigations and sewage collection system modifications, when necessary to assure compliance with the requirements of chapter.
NR 210.20 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.205
NR 210.205 Combined sewer systems and overflows. Permittees that own and operate combined sewer systems, including combined sewage treatment facilities, shall comply with the specific requirements contained in the WPDES permit. Permittees that operate a combined sewer system shall be subject to the requirements of ss.
NR 210.23 and
NR 210.24. Discharges from combined sewer systems and overflows from combined sewage treatment facilities shall be reported to the department as required in the WPDES permit and the public shall be notified of such discharges in accordance with the emergency response plan required under s.
NR 210.23 (4) (f). The department may require the permittee to notify the owner of a drinking water intake located in a surface water receiving any discharges from combined sewer systems.
NR 210.205 Note
Note: The department may consult with the requirements of
33 U.S.C. 1342 and U. S. environmental protection agency guidance when establishing permit conditions for combined sewer systems.
NR 210.205 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.21
NR 210.21 Sanitary sewer overflows and sewage treatment facility overflows. NR 210.21(1)(1)
Prohibited overflows. Sanitary sewer overflows and sewage treatment facility overflows are prohibited and may not be approved by the department nor authorized in a permit issued by the department. If applicable to an overflow event, permittees shall provide information that will enable the department to determine whether any of the following conditions exist:
NR 210.21 Note
Note: When used without qualification in this chapter, the word “overflow" includes both sanitary sewer overflow and sewage treatment facility overflow.
NR 210.21(1)(a)
(a) The sanitary sewer overflow or sewage treatment facility overflow was unavoidable to prevent loss of life, personal injury, or severe property damage.
NR 210.21(1)(b)
(b) There were no feasible alternatives to the sanitary sewer overflow or sewage treatment facility overflow such as the use of auxiliary treatment facilities or adequate back-up equipment, retention of untreated wastes, reduction of inflow and infiltration, or preventative maintenance activities.
NR 210.21 Note
Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, the relationship between the control of storm water and the control of infiltration and inflow into the sewage collection system, costs and affordability of implementation and risks to public health, the environment, and welfare of the community served by the sewage collection system.
NR 210.21(1)(c)
(c) The sanitary sewer overflow or the sewage treatment facility overflow was caused by unusual or severe weather related conditions such as large or successive precipitation events, snowmelt, saturated soil conditions, or severe weather occurring in the area served by the sewage collection system or sewage treatment facility.
NR 210.21(1)(d)
(d) The sanitary sewer overflow or the sewage treatment facility overflow was unintentional, temporary, and caused by an accident or other factors beyond the reasonable control of the permittee.
NR 210.21(2)
(2)
Department response. If a prohibited sanitary sewer overflow or sewage treatment facility overflow occurs, the department may, in addition to the factors provided in sub.
(1), also consider the following factors in any enforcement action or response:
NR 210.21(2)(a)
(a) The permittee's activities in implementing a capacity, management, operation, and maintenance (CMOM) program, or a functionally equivalent program, that meets the requirements in s.
NR 210.23.
NR 210.21(2)(b)
(b) The status of preparation of a system evaluation and capacity assurance plan, or a functionally equivalent plan that meets the requirements of s.
NR 110.10 (4), that may be required under s.
NR 210.24.
NR 210.21(2)(c)
(c) The status of implementation of an approved system evaluation and capacity assurance plan, or a functionally equivalent plan that meets the requirements of s.
NR 110.10 (4), that may be required under s.
NR 210.24.
NR 210.21(2)(e)
(e) The status of planning or implementation of specific actions required by a WPDES permit, or other legally binding document, to construct or implement projects that will address the cause of the sanitary sewer overflow or sewage treatment facility overflow.
NR 210.21 Note
Note: The department may initiate enforcement action under s.
283.89, Stats., for any sanitary sewer overflow or sewage treatment facility overflow.
NR 210.21(3)
(3)
Permittee response to overflows. Whenever a sanitary sewer overflow or sewage treatment facility overflow occurs, the permittee shall take all feasible steps to control or limit the volume of untreated or partially treated wastewater discharged, and terminate the discharge as soon as practicable. Remedial actions shall be implemented consistent with an emergency response plan developed under s.
NR 210.23 (4) (f). Remedial actions may include the following:
NR 210.21(3)(a)
(a) Interception and rerouting of untreated or partially treated wastewater around the point of failure, if that failure is in the sewage collection system.
NR 210.21(3)(b)
(b) Use of vacuum trucks or other appropriate mechanisms to recover as much of the wastewater discharged as possible and properly dispose of such wastewater and wash down water.
NR 210.21(3)(d)
(d) Adequate sampling to determine the amount, characteristics, and impact of the overflow.
NR 210.21(4)
(4)
Permittee reporting. Permittees shall report all sanitary sewer overflows and sewage treatment overflows as follows:
NR 210.21(4)(a)
(a) The permittee shall notify the department by telephone, fax, or email as soon as practicable, but no later than 24 hours from the time the permittee becomes aware of the overflow.
NR 210.21(4)(b)
(b) The permittee shall, no later than five days from the time the permittee becomes aware of the overflow, provide to the department the information identified in this paragraph using department form number 3400-184. If an overflow lasts for more than five days, an initial report shall be submitted within 5 days as required in this paragraph and an updated report submitted following cessation of the overflow. At a minimum, the following information shall be included in the report:
NR 210.21(4)(b)3.
3. The duration of the overflow and an estimate of the volume of the overflow.
NR 210.21(4)(b)4.
4. A description of the sewer system or treatment facility component from which the discharge occurred such as manhole, lift station, constructed overflow pipe, or crack or other opening in a pipe.
NR 210.21(4)(b)5.
5. The estimated date and time when the overflow began and stopped or will be stopped.
NR 210.21(4)(b)6.
6. The cause or suspected cause of the overflow including, if appropriate, precipitation, runoff conditions, areas of flooding, soil moisture, and other relevant information.
NR 210.21(4)(b)7.
7. Steps taken or planned to reduce, eliminate and prevent reoccurrence of the overflow and a schedule of major milestones for those steps.
NR 210.21(4)(b)8.
8. A description of the actual or potential for human exposure and contact with the wastewater from the overflow.
NR 210.21(4)(b)9.
9. Steps taken or planned to mitigate the impacts of the overflow and a schedule of major milestones for those steps.
NR 210.21(4)(b)10.
10. To the extent known at the time of reporting, the number and location of building backups caused by excessive flow or other hydraulic constraints in the sewage collection system that occurred concurrently with the sanitary sewer overflow and that were within the same area of the sewage collection system as the sanitary sewer overflow.
NR 210.21(4)(b)11.
11. The reason the overflow occurred or explanation of other contributing circumstances that resulted in the overflow event. This includes any information available under sub.
(1), including whether the overflow was unavoidable to prevent loss of life, personal injury, or severe property damage and whether there were feasible alternatives to the overflow.
NR 210.21 Note
Note: A copy of form 3400-184 for reporting sanitary sewer overflows and sewage treatment facility overflows may be obtained from the department or accessed on the department's web site at
http://dnr.wi.gov/topic/wastewater/documents/3400-184_ssoreportform.pdf. As indicated on the form, additional information may be submitted to supplement the information required by the form.
NR 210.21(4)(c)
(c) The permittee shall identify each specific location and each day on which a sanitary sewer overflow or sewage treatment facility overflow occurs as a discrete sanitary sewer overflow or sewage treatment facility overflow occurrence. An occurrence may be more than one day if the circumstances causing the sanitary sewer overflow or sewage treatment facility overflow results in a discharge duration of greater than 24 hours. If there is a stop and restart of the overflow at the same location within 24 hours and the overflow is caused by the same circumstance, it may be reported as one occurrence. Sanitary sewer overflow occurrences at a specific location that are separated by more than 24 hours shall be reported as separate occurrences.
NR 210.21(4)(d)
(d) A permittee that is required to submit wastewater discharge monitoring reports under s.
NR 205.07 (1) (r) shall also report all sanitary sewer overflows and sewage treatment facility overflows on that report.
NR 210.21(4)(e)
(e) Satellite sewage collection system permittees shall submit reports required under this subsection to all owners of sewerage systems which receive wastewater from the satellite sewage collection system.
NR 210.21(5)
(5)
Public notification. A permittee shall notify the public of any sanitary sewer and sewage treatment facility overflows consistent with its emergency response plan required under s.
NR 210.23 (4) (f). Such public notification shall occur promptly following any overflow event using the most effective and efficient communications available in the community. At minimum, a daily newspaper of general circulation in the county(s) and municipality whose waters may be affected by the overflow shall be notified by written or electronic communication.
NR 210.21(6)
(6)
Notification of drinking water system owners. The department may require the permittee to notify the owner of a drinking water intake located in a surface water receiving any sanitary sewer overflows and sewage treatment facility overflows. Such conditions shall be included in the WPDES permit.
NR 210.21 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.22(1)(1)
Except for the reporting requirement established in s.
NR 210.21 (4) (b) 10., building backups shall be subject only to requirements of this section.
NR 210.22(2)
(2) A building backup caused by the blockage or failure of the building sewer or any other component of a plumbing system as defined in s.
SPS 381.01 (179), and discrete or individual building backups caused, or primarily caused, by excessive flow or hydraulic constraints within the sewage collection system shall not be subject to the requirements of s.
NR 210.21 (1).
NR 210.22 Note
Note: Section
SPS 381.01 (179) reads: “Plumbing system" includes the water supply system, the drain system, the vent system, plumbing fixtures, plumbing appliances and plumbing appurtenances that serve a building, structure or premises.
NR 210.22(3)
(3) Whenever there are recurring building backups caused, or primarily caused, by excessive flow or hydraulic constraints within a sewage collection system, the department may reissue or modify a WPDES permit to require actions by the permittee, including preparation and implementation of a system evaluation and capacity assurance plan as provided in s.
NR 210.24, to reduce or eliminate such recurring building backups.
NR 210.22(4)
(4) Whenever there are building backups caused, or primarily caused, by excessive flow or hydraulic constraints within the sewage collection system and there are no sanitary sewer overflows within the same part of the sewage collection system, the building backups shall be reported in accordance with the requirements of ch.
NR 208.
NR 210.22 History
History: CR 12-027: cr.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.23
NR 210.23 Capacity, Management, Operation, and Maintenance Programs. NR 210.23(1)(1)
CMOM program required. All permittees subject to this chapter, including the owners of satellite sewage collection systems and combined sewer systems, shall implement a capacity, management, operation, and maintenance program.
NR 210.23(2)
(2)
Implementation deadline. The holder of a WPDES permit shall implement a capacity, management, operation and maintenance program under this section no later than August 1, 2016, or no later than an earlier date specified in the permit.
NR 210.23(3)
(3)
General standards. A CMOM program shall ensure the following general standards are met:
NR 210.23(3)(a)
(a) The sewage collection system is properly managed, operated, and maintained at all times.
NR 210.23(3)(b)
(b) The sewage collection system provides adequate capacity to convey all peak design flows.
NR 210.23(3)(c)
(c) All feasible steps are taken to eliminate excessive infiltration and inflow as defined in s.
NR 110.03 (13c), cease sanitary sewer overflows and sewage treatment facility overflows and mitigate the impact of such overflows on waters of the state, the environment, and public health.
NR 210.23 Note
Note: When evaluating feasibility of alternatives, the department may consider factors such as technical achievability, the relationship between the control of storm water and the control of infiltration/inflow into the sewage collection system, costs and affordability of implementation and risks to public health, the environment, and welfare of the community served by the sewage collection system.
NR 210.23(3)(d)
(d) A process is in place to notify the public and other directly affected parties of any incidents of overflows from the sewerage system.
NR 210.23(4)(a)
(a)
Goals. Major goals of the CMOM program shall be consistent with the general standards identified in sub.
(3).
