3.
“Recommencing discharger” means a permitted source that recommences discharge after terminating its operations.(b) The first permit issued by the department to a new source or a new discharger shall contain a schedule of compliance only when necessary to allow a reasonable opportunity to attain compliance with state or federal limitations promulgated after commencement of construction but less than 3 years before commencement of the discharge.
Note: The department recognizes pollution control equipment start-up problems may arise at the commencement of a new discharge. Enforcement discretion may be used in the 90 days following commencement of discharge, in such cases.
(c) For recommencing dischargers, a schedule of compliance shall be included in the permit only when necessary to allow a reasonable opportunity to attain compliance with limitations promulgated less than 3 years before recommencement of the discharge.
(2) SCHEDULES FOR REISSUED OR MODIFIED PERMITS. A reissued or modified permit may, when appropriate, include a schedule for compliance with new or more stringent effluent limitations that are established by this chapter.
(3) SCHEDULE REQUIREMENTS. A schedule of compliance included in a permit shall meet all of the following conditions:
(a) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible but may not extend beyond any applicable federal or state statutory deadlines. The schedule also may not extend beyond 5 years from the date that the permit is reissued or modified to include the new or more stringent effluent limitation, except as provided in par. (b) or as provided in other chapters.
(b) Great Lakes dischargers. For an existing discharger to the Great Lakes system with a permit that was originally issued before March 23, 1997, if the effluent limitation is based on a secondary value under s. NR 105.03(25), the permit shall require compliance with the secondary value based limitation within a reasonable period of time, no later than 5 years after permit reissuance or modification to include the limitation. The compliance schedule may allow the permittee additional time to conduct studies for the purpose of revising the secondary value or to develop a criterion if requested by the permittee in accordance with s. NR 106.07 (8). The time period allowed for such studies may not exceed 2 years. In cases where the permittee wishes to conduct a study on the secondary value, the permit also shall contain a reopener clause, requiring a permit modification if the department determines the specified studies demonstrate that a revised limitation is appropriate. Any revised limitation shall be incorporated through a permit modification and a reasonable time period, up to 5 years, may be allowed for compliance, but in no case may the compliance schedule for the revised limitation extend beyond 7 years from the date the secondary value based limitation was initially included in the permit. (c) Interim dates. If a permit establishes a schedule of compliance that exceeds one year from the date of permit reissuance or modification, the schedule shall set forth interim requirements and the dates for their achievement as follows:
1. The time between dates for the achievement of interim requirements shall not exceed one year, except in the case of a schedule for compliance with standards for sewage sludge use and disposal, the time between dates for the achievement of interim requirements shall not exceed 6 months.
2. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.
(d) Pollution and waste minimization measures. The schedule of compliance may require the permittee to evaluate pollution and waste minimization measures as a means for complying with the effluent limitation.
(e) Extension beyond permit expiration. If a permit is modified to include a limitation, the schedule of compliance may extend beyond the expiration date of the permit if an interim permit limit that is effective upon the permit’s expiration date is included in the permit.
(f) Reporting. No later than 14 days following each interim date and the final date of compliance, the permittee shall notify the department in writing of its compliance or noncompliance with the interim or final requirements or, if par. (c) 2. is applicable, submit progress reports.
Note: An interim permit requirement is not necessarily a numerical effluent limitation.
Note: Compliance schedule provisions for TMDL-based limits, technology-based limits, and phosphorus limits may differ from the requirements of this section. These provisions can be found in ss. NR 212.75 (5), 205.14, and 217.17, respectively SECTION 3. NR 106.13 is repealed.
SECTION 4. NR 200.065 Table 1 is amended to read:
NR 200.065
Table 1
Minimum monitoring requirements
Wastewater Discharge Type | Number of Monitoring Tests | Pollutants Required to be Monitored |
Major municipal discharge | 1 | Pollutants listed in s. NR 215.03 excluding asbestos, 2−chloroethyl vinyl ether and dioxin; pollutants listed in ch. NR 105, Tables 1 through 9 excluding bis(chloromethyl) ether, dichlorodifluoromethane, dioxin and trichlorofluoromethane; and pollutants listed in ch. NR 102, Table 1 |
| 4 | Copper, ammonia, phosphorus and hardness |
| 1 | Chloride and whole effluent toxicity |
Minor municipal discharge | 4 | Copper, ammonia, phosphorus and hardness |
| 1 | Chloride, arsenic, cadmium, chromium, lead, nickel and zinc |
Primary industry process discharge | 1 | Pollutants listed in s. NR 215.031 excluding asbestos, 2−chloroethyl vinyl ether and dioxin; pollutants listed in ch. NR 1051 , Tables 1 through 9 excluding bis (chloromethyl) ether, dichlorodifluoromethane, dioxin and trichlorofluoromethane; and pollutants listed in ch. NR 1021 , Table 1 |
| 4 | Copper, ammonia, phosphorus and hardness |
| 1 | BOD5 (five−day biochemical oxygen demand), COD (chemical oxygen demand), chloride, total residual chlorine, oil and grease, pH, total suspended solids, temperature (summer and winter), arsenic, cadmium, chromium, lead, mercury, nickel, zinc |
| 1 | Fecal coliform and pollutants listed in s. NR 215.06 excluding TOC (total organic carbon) when the applicant believes the pollutant is present in the discharge for reasons other than its presence in the intake water |
Secondary industry process, cooling water, manufacturing, commercial, mining, or silvicultural discharge or cooling water discharge, or both | 4 | Copper, ammonia, phosphorus and hardness |
| 1 | BOD5 (five−day biochemical oxygen demand), COD (chemical oxygen demand), chloride, total residual chlorine, oil and grease, pH, total suspended solids, temperature (summer and winter), arsenic, cadmium, chromium, lead, mercury, nickel, zinc |
| 1 | Any of the following pollutants that the applicant believes is present in the discharge for reasons other than its presence in the intake water: Pollutants listed in ss. NR 215.03, 215.05 and 215.06 excluding 2−chloroethyl vinyl ether, dioxin, asbestos and TOC (total organic carbon), pollutants listed in ch. NR 105, Tables 1 through 9 excluding bis(chloromethyl) ether, dichlorodifluoromethane, dioxin and trichlorofluoromethane; and pollutants listed in ch. NR 102, Table 1 |
Noncontact cooling water discharge | 1 | Ammonia, BOD5 (five day biochemical oxygen demand), chloride, oil and grease, pH, phosphorus, total suspended solids and temperature (summer and winter) |
| 1 | Any of the following pollutants that the applicant believes is present in the discharge for reasons other than its presence in the intake water: Pollutants listed in ss. NR 215.03, 215.05 and 215.06 excluding 2−chloroethyl vinyl ether, dioxin, asbestos and TOC (total organic carbon); pollutants listed in ch. NR 105, Tables 1 through 9 excluding bis(chloromethyl) ether, dichlorodifluoromethane, dioxin and trichlorofluoromethane; and pollutants listed in ch. NR 102, Table 1 |
1Primary industries are required to test only those GC/MS fractions that are specified in 40 CFR 122, Appendix D, revised Table 1. SECTION 5. NR 200.07 (5) is created to read:
NR 200.07 (5) (a) Applications for new or existing manufacturing, commercial, mining, silvicultural, and non-contact cooling water dischargers, sewage sludge generators, and publicly owned treatment works. In addition to any other information required under ch. 283, Stats., or other WPDES permit application regulations, an owner or operator of a facility applying for a WPDES permit shall submit the information specified in 40 CFR 122. 21(f) through (h), (j), (k) and (q) that is required for the applicant’s type of discharge. The applicant shall submit this information on the application form in sub. (1), or as an attachment to the form. (b) Applications for discharges from aquatic animal production facilities. In addition to any available monitoring data, owners or operators of aquatic animal production facilities shall include the following information in the permit application:
1. The maximum daily and average monthly flow from each outfall.
2. The number of ponds, raceways, and similar structures.
3. The name of the receiving water and the source of intake water.
4. For each species of aquatic animals, the total yearly and maximum harvestable weight.
5. The calendar month of maximum feeding and the total mass of food fed during that month.
Note: Application requirements for concentrated animal feeding operations are included in ch. NR 243. Additional application requirements for storm water sources are found in ch. NR 216. SECTION 6. NR 200.21 is renumbered NR 200.21 (1) and amended to read:
NR 200.21 Time deadline for filing variance requests. (1) APPLICATIONS FOLLOWING PERMIT REISSUANCE. A permittee who wishes to apply for a variance shall submit an application for a variance within 60 days after the department issues, reissues, or modifies the permit to include a water quality based effluent limitation.
SECTION 7. NR 200.21 (2) and (2) (Note) are created to read:
(2) EXPEDITED VARIANCE. Alternatively, a permittee may apply for a variance as part of the application for permit reissuance under s. 283.15 (2) (a), Stats. Any application for a variance under s. 283.15, Stats., shall comply with application requirements of s. NR 200.20. The department may notify a permit applicant before the permit application for reissuance is submitted that the permittee may apply for a variance to the water quality based effluent limitations proposed in the permit or may seek renewal of a variance that has already been granted. Note: Submittal of a variance application with the application for permit reissuance is the preferred method for submittal.
SECTION 8. NR 205.01 is amended to read:
NR 205.01 Purpose. The purpose of this chapter is to set forth the definitions applicable to and abbreviations used in chs. NR 200 to 299 to avoid repetition in those chapters. This chapter also sets forth permit general conditions for all WPDES permits, procedures for establishing permit limits in WPDES permits, effluent limitations applicable to non-POTW’s non-POTWs where pH is continuously monitored, and procedures to be used for issuing general WPDES permits. SECTION 9. NR 205.03 (27) and (28) are amended to read:
NR 205.03 (27) “Point source” as defined in s. 283.01 (12), Stats., means any discernible, confined and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, landfill leachate collection system, concentrated animal feeding operation or vessel or other floating craft from which pollutants may be discharged either into the waters of this state or into a publicly owned treatment works. Point source does not include diffused surface drainage or any ditch or channel which serves only to intermittently drain excess surface water from rain or melting snow and is not used as a means of conveying pollutants into waters of the state. Point source does not include uncontrolled discharges composed entirely of storm runoff when these discharges are uncontaminated by any industrial or commercial activity, unless the particular storm runoff discharge has been identified by the department as a significant contributor of pollution. (28) “Pollutant” as defined in s. 283.01 (13), Stats., means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, filter backwash, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. SECTION 10. NR 205.067 is created to read:
NR 205.067 Reasonable potential for water quality based effluent limitations. (1) GENERAL. (a) The department shall include an effluent limitation for a pollutant in a WPDES permit when the department determines that the discharge of the pollutant causes, has the reasonable potential to cause, or contributes to an excursion above the allowable ambient concentration of a numeric water quality criterion in chs. NR 102 to 104 in the receiving water or a downstream water. Note: Downstream water includes downstream waterbodies in other states or tribal waters that have EPA approved standards under 40 CFR 130. (b) Limitations must control all pollutants or pollutant parameters, including conventional, nonconventional, and toxic pollutants, that the department determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any water quality standard in chs. NR 102 to 104, including narrative criteria for water quality. (2) FACTORS TO CONSIDER. When determining under sub. (1) or (4) whether a pollutant discharged causes, has the reasonable potential to cause, or contributes to an exceedance of a numeric or narrative water quality standard, the department shall consider all of the following factors:
(a) Existing controls on the discharge.
(b) Controls on the pollutant discharged by nonpoint source pollution in the watershed.
(c) The variability of the pollutant or parameter in the effluent discharged.
(d) Sensitivity of species to toxicity testing when evaluating whole effluent toxicity as defined in s. NR 106.03 (14). (e) Dilution of the effluent in the receiving water.
(3) WATER QUALITY BASED EFFLUENT LIMITATIONS. If the department determines a limitation is necessary under this section, the limitation shall:
(a) Be consistent with a total maximum daily load as defined in s. NR 217.11 (7) if a total maximum daily load has been approved by the EPA for the receiving waterbody. (b) Ensure achievement of a level of water quality derived from, and in compliance with, the applicable water quality standard.
(4) IN ABSENCE OF NUMERIC WATER QUALITY CRITERIA. (a) When a chemical pollutant, for which a numeric water quality criterion does not exist, is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable water quality standard, effluent limits shall be established using one or more of the following options:
1. Establish effluent limits using a calculated numeric water quality criterion for the pollutant that the department demonstrates will attain and maintain applicable narrative water quality criteria and will fully protect the designated use. Such a criterion may be derived using data for a proposed criterion or other relevant information such as EPA’s Water Quality Standards Handbook, risk assessment data, exposure data, information about the pollutant from the Food and Drug Administration, and current EPA criteria documents.
2. Establish effluent limits on a case-by-case basis, using EPA’s water quality criteria, published under 33 USC 1314(a), supplemented when necessary by other relevant information. 3. Establish effluent limits on an indicator parameter for the pollutant of concern, provided that all of the following are true:
a. The permit identifies which pollutants are intended to be controlled by the use of the effluent limitation.
b. The fact sheet sets forth the basis for the limit, including a finding that compliance with the effluent limit of the indicator parameter will result in controls on the pollutant of concern that are sufficient to attain and maintain applicable water quality standards.
c. The permit requires all effluent and ambient monitoring necessary to show that, during the term of the permit, the limit on the indicator parameter continues to attain and maintain applicable water quality standards.
d. The permit contains a reopener clause allowing the department to modify or revoke and reissue the permit if the limits on the indicator parameter no longer attain and maintain applicable water quality standards.
(b) If there is reasonable potential under par. (a) to exceed a narrative criterion and if required under s. NR 106.08, a limitation for whole effluent toxicity shall be included in the permit. Note: Limitations and procedures for whole effluent toxicity are established in subch. II of ch. NR 106. (5) LIMIT CONTINUATION. If a permit includes a water quality based effluent limitation for a pollutant because the limitation is required under this section or is required under the procedures in another chapter, the water quality based effluent limitation for the pollutant shall be included in a subsequently reissued permit if all of the following apply:
(a) Treatment or pollutant control measures were added to comply with the water quality based effluent limitation for the pollutant and the water quality based effluent limitation took effect in a prior permit.
(b) The facility has the ability to alter or suspend the treatment or pollutant control measures for the pollutant to the degree that there is continued reasonable potential to exceed the applicable standard.
(6) EXCEPTION. Subsections (1) to (4) do not apply to pollutants or limitations that are subject to the procedures in chs. NR 106 or 217.
