Ch. NR 101 NoteNote: Chapter NR 101 as it existed on December 31, 1977 was repealed and a new chapter NR 101 was created effective January 1, 1978. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1997, No. 500.

NR 101.01NR 101.01 Purpose. The purpose of this chapter is to establish, pursuant to s. 299.15, Stats., requirements for submission of reports and payment of wastewater fees by persons discharging industrial or municipal wastewaters or other discharges requiring a WPDES permit.

NR 101.01 NoteNote: This chapter does not establish any limitations on discharges of wastewaters. Persons owning or operating facilities having such discharges remain subject to any lawful limitations on such discharges imposed in accordance with federal, state or local regulatory programs. Air emissions fee and reporting requirements are contained in chs. NR 410 and 438, respectively.

NR 101.01 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1985, No. 358; am. Register, May, 1993, No. 449, eff. 6-1-93; am. Register, February, 1994, No. 458, eff. 3-1-94.

NR 101.02NR 101.02 Applicability. The provisions of this chapter are applicable to persons required to submit reports to the department as set forth in s. NR 101.11. This section requires reports of discharges of industrial wastes and toxic and hazardous substances which exceed specified reporting levels.

NR 101.02 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. Register, May, 1993, No. 449, eff. 6-1-93.

NR 101.03(2)(2) “Facility” means a publicly owned treatment works, or an operating plant or establishment carrying on any manufacturing activity, trade, or business on a common site, including similar such plants under common ownership or control located on contiguous properties. Plants or establishments under common ownership or control located on separate sites shall be considered separate and individual facilities.

NR 101.03(2m)(2m) “5-year rolling average” means the average of data from the current year plus the previous 4 years of data available since the beginning of calendar year 2000. Where 5 years of data is not available, the 5-year rolling average means the average of data from the current year plus any available data from the previous 4 years since the beginning of calendar year 2000.

NR 101.03(3)(3) “Land disposal system” means an absorption or seepage pond, a ridge and furrow, a spray irrigation, a spray runoff, a subsurface field absorption, a surface spreading, or other installation on a land area used for the disposal of effluent by absorption or percolation into the ground.

NR 101.03(6)(6) “Major permittee” or “minor permittee” means any WPDES permit holder thus classified by the U.S. environmental protection agency in conjunction with the department under 40 CFR 122.2.

NR 101.03(7)(7) “Municipality” means, as defined in s. 299.01 (8), Stats., any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.

NR 101.03(8)(8) “Person” means an individual, partnership, corporation, association, municipality, state agency, or interstate agency owning or operating a facility discharging wastewater to a surface water, to a land disposal system, or to a publicly owned treatment works.

NR 101.03(9)(9) “Process waste water” means any water, except cooling water, which comes into direct contact with or results from the production or use of any raw material, service item, intermediate product, finished product, byproduct, or waste product, and may contain in solution or suspension various components of such raw materials, items or products.

NR 101.03(11)(11) “Sanitary waste water” means waste water associated with personal hygiene, food preparation, or cleaning but does not include waste water from commercial or bulk production of goods or services such as, but not limited to, laundromats, commercial laundries, carwashes, food production, or other manufacturing activities.

NR 101.03(12)(12) “Surface water” means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, impounding reservoirs, marshes, water courses, drainage systems and other surface water, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and completely retained upon the property of a facility.

NR 101.03(13)(13) “Wastewater” means any process waste water, cooling water, sanitary waste water, or other wastes whose discharge requires a WPDES permit, discharged to a surface water including such discharge through a storm sewer, to a land disposal system, or to a publicly owned waste treatment works.

NR 101.03 HistoryHistory: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (3), Register, February, 1984, No. 338, eff. 3-1-84; correction made in (7) under s. 13.93 (2m) (b) 7., Stats., Register, October, 1985, No. 358; emerg. am. (1) and (2), eff. 2-5-92; am. (1), r. (12), (14) to (16), Register, May, 1993, No. 449, eff. 6-1-93; renum. (13) to NR 400.02 (59m), Register, June, 1993, No. 450, eff. 7-1-93; renum. (1), (3) to (6), (8) to (11) to be (8), (13), (12), (3), (10), (9), (1), (11) and (14) and am. (8) and (13), am. (2), cr. (4) to (6), Register, February, 1994, No 458, eff. 3-1-94; cr. (2m), am. (4) and (5), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.

NR 101.11NR 101.11 Required wastewater reports. The reporting requirements of the WPDES permit, for discharges to surface or ground waters, or requirements promulgated under s. 283.21 (2), Stats., for discharges to a publicly owned treatment works, shall be used as the reporting requirements under this chapter.