NR 210.07(5)(b)
(b) Except as limited by par.
(d) and subject to EPA approval, the department may after notice and opportunity for public comment, adjust the minimum levels of effluent quality set forth in par.
(a) 1. a.,
b.,
2. a. and
b. for trickling filter facilities and in par.
(a) 1. a. and
b. for waste stabilization pond facilities to conform to the BOD
5 and SS effluent concentrations consistently achievable through proper operation and maintenance by the median (50th percentile) facility in a representative sample of facilities within a state or appropriate contiguous geographical area that meet the definition of facilities eligible for treatment equivalent to secondary treatment.
NR 210.07(5)(c)
(c) Where data are available to establish CBOD
5 limitations for a treatment works subject to this subsection, the department may substitute the parameter CBOD
5 for the parameter BOD
5 in pars.
(a) and
(b), on a case-by-case basis.
NR 210.07(5)(c)1.
1. The levels of CBOD
5 effluent may not be less stringent than the following:
NR 210.07(5)(c)2.
2. To apply for the CBOD
5 variance, the permittee shall provide the data outlined in sub.
(4).
NR 210.07(5)(d)
(d) Any permit adjustment made pursuant to this section may not be any less stringent than the limitation required pursuant to sub.
(5) (a). The department shall require more stringent limitations when adjusting permits if:
NR 210.07(5)(d)1.
1. For existing facilities the permitting authority determines that the 30-day average and 7-day average BOD
5 and SS effluent values that could be achievable through proper operation and maintenance of the treatment works, based on an analysis of the past performance of the treatment works, would enable the treatment works to achieve more stringent limitations, or
NR 210.07(5)(d)2.
2. For new facilities, the department determines that the 30-day average and 7-day average BOD
5 and SS effluent values that could be achievable through proper operation and maintenance of the treatment works, considering the design capability of the treatment process and geographical and climatic conditions, would enable the treatment works to achieve more stringent limitations.
NR 210.07(6)
(6)
Combined sewers. Treatment works which have a combined sewer system may not be capable of meeting the percentage removal requirements established in sub.
(5) (a) 1. c. and
2. c. or in s.
NR 210.05 (1) (a) 3. and
(b) 3. during wet weather where the treatment works receive flows from combined sewers. For each treatment works, the decision shall be made on a case-by-case basis as to whether any attainable percentage removal level can be defined, and if so, what the level should be.
NR 210.07 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
Subchapter III — Operations, Analyses, and Reports
NR 210.08
NR 210.08 Emergency operation. All sewage treatment facilities that are subject to the provisions of this chapter shall be equipped for emergency operation. Emergency power shall be provided in accordance with s.
NR 110.15 (5) (d). Sufficient emergency power shall be provided such that all the following conditions are met:
NR 210.08(1)
(1) All sewage treatment facilities shall maintain at least the equivalent of primary settling and effluent disinfection under all design conditions.
NR 210.08(2)
(2) All sewage treatment facilities discharging to class I, II, or III trout streams, or other critical stream segments as determined by the department, shall operate all units critical to meeting the effluent limits as set forth in the WPDES permit for a minimum emergency period of 24 hours under all design flow conditions.
NR 210.08 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86;
CR 09-123: am. (1) (a) and (b), r. and recr. (2)
Register July 2010 No. 655, eff. 8-1-10;
CR 12-027: am.
Register July 2013 No. 691, eff. 8-1-13.
NR 210.09
NR 210.09 Analytical methods and laboratory requirements. Methods used for analysis of influent and effluent samples shall be as set forth in ch.
NR 219 unless alternative methods are specified in the WPDES discharge permit.
NR 210.09 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
NR 210.10
NR 210.10 Requirements for certified or registered laboratory. Bacteriological analyses of groundwater samples, and all radiological analyses, shall be performed by the state laboratory of hygiene or at a laboratory certified or approved by the department of agriculture, trade and consumer protection. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch.
NR 149. The following tests are excluded from the requirements of this section:
NR 210.10 History
History: Cr.
Register, October, 1986, No. 370, eff. 11-1-86.
NR 210.11
NR 210.11 Compliance maintenance annual report (CMAR). The CMAR shall be submitted to the department on or before June 30 of each year and shall meet all applicable requirements.
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:
