reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Section NR 211.03 - Definitions

Current through June 24, 2024
The following special definitions are applicable to terms
				  used in this chapter. Definitions of other terms are set forth in ch. NR 205
				  and ch. 283, Stats.
(1) "Average daily
				flow" means a reasonable measure of the average daily flow for a 30-day period.
				For new sources, flows shall be estimated using projected values.
(1e) "Best management practices" or
				"BMPs"means maintenance or operating procedures, schedules of activities,
				prohibited practices, treatment requirements and other management practices to
				implement the prohibitions listed in s.
				NR 211.10(1) and
				(2) or to control plant site runoff, spillage
				or leaks, sludge or waste disposal, or drainage from raw materials storage
				areas.
(1m) "Bypass" means the
				intentional diversion of waste streams from any portion of an industrial user's
				treatment facility.
(2)
				"Categorical pretreatment standard" means any standard specifying quantities or
				concentrations of pollutants or pollutant properties which may be discharged to
				a POTW by industrial users in specific industrial categories.
(2e) "Centralized waste treater" means an
				industrial user that treats wastes generated by activities located at a site
				other than where treatment occurs and introduces the wastes into a POTW. This
				definition does not include an industrial user whose generating facility and
				treatment facility are owned by the same entity, and who do not accept wastes
				generated by entities other than the industrial user.
(2s) "Commencement of construction" means the
				beginning of any of the following activities as part of a continuous on-site
				construction program:
(a) The placement,
				assembly or installation of facilities or equipment;
(b) Significant site preparation work, such
				as clearing, excavation or the removal of existing buildings, structures or
				facilities if their removal is necessary for the placement, assembly or
				installation of new source facilities or equipment; or
(c) The making of binding contractual
				obligations for the purchase of facilities or equipment which are intended to
				be used in the new source's operation. Options to purchase or contracts which
				may be terminated without a substantial loss and contracts for feasibility,
				engineering or design studies do not constitute a commencement of
				construction.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.10 - Prohibited discharge standards

Current through June 24, 2024
(1) Industrial
				  users may not discharge pollutants into a POTW which pass through or interfere
				  with the operation or performance of the POTW, and thereby cause or
				  significantly contribute to a violation of the POTW's WPDES permit.
(2) The following pollutants may not be
				  introduced into a POTW:
(a) Pollutants that
				  create or contribute to a fire or explosion hazard in the POTW, including waste
				  streams with a closed cup flashpoint of less than 140° F or 60° C using
				  the test methods in s. NR 661.0021.
(b) Pollutants which will cause or contribute
				  to corrosive structural damage to the POTW but in no case discharges with a pH
				  lower than 5.0, unless the POTW is specifically designed to accommodate such
				  discharges.
(c) Solid or viscous
				  pollutants in amounts which will cause or contribute to obstruction to the flow
				  in sewers or other interference with the operation of the POTW.
(d) Any pollutant, including oxygen demanding
				  pollutants, released in a discharge of such volume or strength as to cause or
				  contribute to interference in the POTW.
(e) Heat in amounts which will inhibit or
				  contribute to the inhibition of biological activity in the POTW treatment plant
				  resulting in interference or causing damage to the POTW but in no case heat in
				  such quantities that the temperature exceeds 40°C (104°F) at the
				  influent to the POTW treatment plant unless the department, at the request of
				  the POTW, has approved alternate temperature limits.
(f) Petroleum oil, nonbiodegradable cutting
				  oil or products of mineral oil origin in amounts that will cause interference
				  or pass through.
(g) Pollutants
				  which result in the presence of gases, vapors or fumes within the POTW in a
				  quantity which may cause acute worker health or safety problems.
(h) Any trucked or hauled pollutants, except
				  at discharge points designated by the POTW.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.11 - Categorical pretreatment standards

Current through June 24, 2024
(1) Categorical
				  pretreatment standards for specific point source categories are set forth in
				  chs.
				  NR
				  221 to 297. Limits in categorical pretreatment
				  standards shall apply to the effluent from the process regulated by the
				  standard, unless otherwise specified in the standard. Limits in categorical
				  pretreatment standards shall apply to wastestreams which are transported
				  off-site for disposal as well as those discharged on-site. Industrial users
				  shall comply with applicable categorical pretreatment standards, in addition to
				  complying with the general prohibitions established in s.
				  NR
				  211.10, unless specifically noted otherwise in the
				  categorical pretreatment standard.
(2) COMPLIANCE DATES.
(a) All industrial users, except new sources,
				  shall comply with the applicable categorical pretreatment standards within 3
				  years from the effective date of the standard or within a shorter time period
				  if specified in the applicable standard. A direct discharger which becomes an
				  industrial user after promulgation of an applicable categorical pretreatment
				  standard may not be considered a new source unless it falls within the
				  definition of a "new source"contained in s.
				  NR
				  211.03(9).
(b) New sources shall install, have in
				  operating condition and start up all of the pollution control equipment
				  required to meet the applicable pretreatment standards before beginning
				  discharge. Within the shortest feasible time, not to exceed 90 days, new
				  sources shall meet all applicable pretreatment standards.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.14 - Fundamentally different factors variances

Current through June 24, 2024
(1) Any interested
				  person believing that factors relating to an industrial user are fundamentally
				  different from the factors considered during development of a categorical
				  pretreatment standard applicable to that industrial user, and that the
				  existence of those factors justifies a different discharge limit from that
				  specified in the applicable categorical pretreatment standard may request a
				  fundamentally different factors variance under this section. Such a variance
				  request may be initiated by EPA.
(2)
(a) A
				  request for a fundamentally different factors variance may be approved only if:
1. Factors relating to the industrial user
				  which would be affected by the variance are fundamentally different from the
				  factors considered in establishing the applicable categorical pretreatment
				  standard;
2. There is an applicable
				  categorical pretreatment standard which specifically controls the pollutant for
				  which alternative limits have been proposed; and
3. The procedural requirements of this
				  section have been met.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.16 - Additional monitoring and reporting requirements for centralized waste treaters

Current through June 24, 2024
(1)
				  INITIAL REPORT. At least 180 days before the commencement of discharge, a new
				  centralized waste treater shall provide the control authority with the
				  following information:
(a) Name, location,
				  mailing address and the names of the owner and operator;
(b) A description of the treatment equipment
				  and processes, a schematic diagram and a discussion of performance
				  capabilities;
(c) The types of
				  waste the centralized waste treater intends to treat, identified by industrial
				  category and manufacturing process, and estimated volumes for each type of
				  waste;
(d) A description of the
				  waste acceptance procedures developed according to sub. (3) for incoming
				  waste;
(e) A description of
				  effluent monitoring plans developed according to sub. (4); and
(f) Any other information requested by the
				  control authority.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.17 - Hazardous waste discharge report

Current through June 24, 2024
(1) An industrial
				  user shall notify, in writing, the POTW, the EPA Region V waste management
				  division director and the department's bureau of waste management of the
				  discharge to a POTW of:
(a) More than 15
				  kilograms per calendar month of any substance that would be hazardous waste
				  according to ch. NR 661 if otherwise disposed; or
(b) Any amount of a substance that would be
				  an acute hazardous waste according to s.
				  NR
				  660.10(3m) if otherwise
				  disposed.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.18 - Defenses

Current through June 24, 2024
(1) In any action brought for violation of s.
				  NR 211.10(1) or (2)
				  (c), (d), (e), (f) or (g), an industrial user
				  shall have an affirmative defense if the industrial user demonstrates that:
(a) The industrial user did not know or have
				  reason to know that its discharge, alone or in conjunction with the discharge
				  or discharges from other sources, would cause pass through or interference;
				  and
(b)
1. A local limit designed to prevent pass
				  through or interference was developed in accordance with s.
				  NR 211.10(3)
				  (a) for each pollutant in the user's
				  discharge which caused pass through or interference and the industrial user was
				  in compliance with each local limit prior to and during the pass through or
				  interference; or
2. If a local
				  limit designed to prevent pass through or interference has not been developed
				  in accordance with s.
				  NR 211.10(3)
				  (a) for the pollutant or pollutants which
				  caused the pass through or interference, the industrial user's discharge
				  immediately prior to and during the pass through or interference did not
				  substantially change in nature or constituents from the industrial user's prior
				  discharge activity when the POTW was regularly in compliance with the POTW's
				  WPDES permit requirements and, in case of interference, applicable requirements
				  for sewage sludge use or disposal.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter I - Industrial User Requirements › Section NR 211.19 - Loss of treatment capacity and bypass

Current through June 24, 2024
(1) Industrial
				  users shall control production or contain discharges to the extent necessary to
				  maintain compliance with pretreatment standards and requirements upon the
				  reduction, loss or failure of a treatment facility until the facility is
				  restored or an alternative method of treatment is provided. This requirement
				  applies to, but is not limited to, the situation in which the primary source of
				  power for the treatment facility is reduced, lost or fails.
(2) A bypass that does not result in a
				  violation of any pretreatment standard or requirement is prohibited except
				  where the bypass is necessary for essential maintenance.
(3) A bypass that results in a violation of
				  any pretreatment standard or requirement is prohibited unless the conditions of
				  pars. (a) to (c) are met:
(a)
1. Bypass is necessary to prevent loss of
				  life;
2. Bypass is necessary to
				  prevent personal injury; or
3. The
				  industrial user reasonably expects the following to occur without a bypass:
a. Substantial physical damage to
				  property;
b. Damage to treatment
				  facilities that would cause them to become inoperable; or
c. Substantial and permanent loss of natural
				  resources.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.20 - Establishment of pretreatment programs

Current through June 24, 2024
The department may require any POTW with a design flow
					 greater than 5 MGD which receives indirect discharges which pass through or
					 interfere with the POTW's operations or are subject to pretreatment standards
					 to establish a POTW pretreatment program in accordance with the provisions of
					 ss.
					 NR 211.21
					 through
					 211.26. In addition, the department
					 may require any POTW with a design flow of 5 MGD or less to establish such a
					 program or part of such a program if the nature or volume of industrial user
					 contributions, treatment process upsets, violations of POTW effluent limits,
					 contamination of municipal sludge, or other circumstances warrant such a
					 program in order to prevent interference with POTW treatment operations or the
					 pass-through of untreated pollutants or in order to improve opportunities for
					 disposal of municipal sludge. The pretreatment program shall be developed in
					 accordance with a compliance schedule established by the department in the
					 POTW's WPDES permit which calls for the completion by specific dates of major
					 events leading to the development and implementation of the pretreatment
					 program.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.21 - Compliance dates

Current through June 24, 2024
POTWs shall establish pretreatment programs which meet the
					 requirements of ss.
					 NR
					 211.22 to no later 211.26 than 3 years after the
					 reissuance or modification of an existing WPDES permit to require the
					 development of a pretreatment program, but in no case later than July 1, 1983.
					 A POTW identified after July 1, 1983, as being required to develop a
					 pretreatment program shall develop a pretreatment program which meets the
					 requirements of ss.
					 NR
					 211.22 to
					 211.26 and submit it as soon as
					 possible, but not later than one year after written notification from the
					 department that a pretreatment program is required.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.22 - Legal authority requirements

Current through June 24, 2024
Where the department requires a POTW to develop a
					 pretreatment program under this subchapter, the POTW shall operate under legal
					 authority and include procedures, fully enforceable in federal or state courts,
					 which at a minimum enables the POTW to perform the following functions. These
					 authorities and procedures shall be fully exercised and implemented at all
					 times.
(1) Deny or condition new or
				  increased discharge of pollutants, or changes in the nature of pollutants,
				  discharged to the POTW by industrial users where such discharges do not meet
				  applicable pretreatment standards and requirements or where such discharge
				  causes the POTW to violate its WPDES permit.
(2) Require compliance with applicable
				  pretreatment standards and requirements by industrial users.
(3) Control through permit, order, or similar
				  means the discharge to the POTW by each industrial user.
(4) Require the development by industrial
				  users of the compliance schedules required under s.
				  NR 211.15(1)
				  (g).
(5) Require the submission of all notices and
				  self-monitoring reports from industrial users as are necessary to assess and
				  assure compliance by industrial users with pretreatment standards and
				  requirements.
(6) Carry out all
				  inspection, surveillance, and monitoring procedures necessary to determine,
				  independent of information supplied by industrial users, whether industrial
				  users are complying with applicable pretreatment standards and requirements.
				  Representatives of the POTW must be authorized to enter any premises of any
				  industrial user in which an effluent source or treatment system is located or
				  in which records are required to be kept, under s.
				  NR
				  211.15(8), to assure compliance with
				  pretreatment standards and requirements.
(7) Obtain remedies, including injunctive
				  relief, for any industrial user's:
(a)
				  Noncompliance with any pretreatment standard or requirement;
(b) Failure to allow the POTW to enter and to
				  carry out inspections and monitoring activities;
(c) Noncompliance with any rule, regulation
				  or order issued by the POTW; or
(d)
				  Noncompliance with any reporting requirement imposed by the POTW or by this
				  chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.235 - Regulation of significant industrial users

Current through June 24, 2024
A POTW with an approved pretreatment program shall:
(1)
(am)
				  Control the discharge from each significant industrial user through individual
				  control mechanisms or, as provided in par. (b), through general control
				  mechanisms. The control mechanism shall have a duration of no longer than 5
				  years and may not be transferred without prior notification to the POTW. The
				  control mechanism shall contain or contain by reference the following:
1. Statement of duration;
2. Transferability requirements;
3. Effluent limits, including best management
				  practices, based on prohibited discharge standards, categorical pretreatment
				  standards, local limits and state and local law;
4. Requirements for self monitoring,
				  including sampling location, sampling frequency, sample types, record keeping
				  and reporting;
5. Notification
				  requirements for irregular discharges regulated by s.
				  NR
				  211.15(7);
6. Any applicable compliance
				  schedule;
7. A description of the
				  civil and criminal penalties for violation of pretreatment standards or
				  requirements; and
8. Requirements
				  to control slug discharges, if determined by the control authority to be
				  necessary.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.24 - Requests for pretreatment program approval

Current through June 24, 2024
(1) A POTW
				  requesting approval of its pretreatment program shall submit to the department
				  in triplicate a description of the pretreatment program containing the
				  following:
(a) A statement from the POTW's
				  attorney that the POTW has adequate legal authority to carry out the
				  pretreatment program. This statement shall identify the POTW's source of those
				  legal powers required under s.
				  NR
				  211.22, and shall identify the manner in which the
				  POTW will implement the requirements of s.
				  NR
				  211.23.
(b) A copy of all statutes, ordinances,
				  regulations, contracts, agreements, and other written legal authority relied
				  upon by the POTW for its administration of the pretreatment program.
(c) A statement reflecting approval of the
				  POTW's pretreatment program by the local governmental bodies responsible for
				  supervising and funding the pretreatment program.
(d) A brief description, including
				  organizational charts, of the POTW or other governmental bodies which will
				  administer the pretreatment program, and their respective
				  responsibilities.
(e) A description
				  of the funding for the pretreatment program and full and part-time positions
				  available to implement the program.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.25 - Reporting requirements

Current through June 24, 2024
(1) The POTW shall submit interim program
				  development documents to the department as required by the compliance schedule
				  in its WPDES permit. If a required interim document has not been submitted on
				  time, the POTW shall indicate the date by which it expects to complete the
				  document, the reasons for delay, and the steps taken to return to the
				  established schedule.
(2) Documents
				  submitted in accordance with this section shall be signed by a principal
				  executive officer, ranking elected official, or a duly authorized employee if
				  the employee is responsible for the overall operation of the POTW or the
				  pretreatment program. This authorization shall be made in writing by the
				  principal executive officer or ranking elected official and submitted to the
				  department prior to or together with the report being submitted.
(3)
(a)
				  Analysis of monitoring samples taken by any POTW operating a pretreatment
				  program shall be performed in accordance with ch. NR 219. Laboratory test
				  results for radiological samples submitted by the POTW to the department shall
				  be performed by a laboratory approved by the department of agriculture, trade
				  and consumer protection. Other laboratory test results submitted by the POTW to
				  the department shall be performed by a laboratory certified or registered under
				  ch. NR 149. The following tests are excluded from this requirement:
1. Temperature,
2. Turbidity,
3. Bacteria tests in wastewater
				  effluent,
4. pH,
5. Chlorine residual,
6. Specific conductance,
7. Flow measurements.
Note:
The requirement in this section to
					 submit data from a certified or registered laboratory is effective on December
					 28, 1986.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.26 - Confidentiality

Current through June 24, 2024
Effluent data submitted to the control authority under this
					 chapter shall be a public record within the meaning of s.
					 19.21,
					 Stats. All other information submitted to the control authority under this
					 chapter shall be a public record unless the information is entitled to
					 confidential treatment under s.
					 283.55(2),
					 Stats., and s.
					 NR 2.19
					 asatradesecret. POTWs operating a pretreatment program must enact ordinances or
					 rules giving them the authority to treat as confidential information which is a
					 trade secret.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter II - POTW Requirements › Section NR 211.27 - Pretreatment program modification

Current through June 24, 2024
(1) A POTW may
				  initiate a pretreatment program modification at any time to reflect changing
				  conditions in the pretreatment program. Pretreatment program modification is
				  necessary whenever the pretreatment program will be significantly different
				  from the pretreatment program previously approved by the department.
(2) To initiate a modification, the POTW
				  shall submit to the department a statement of the basis for the desired
				  modification, a modified program description and any other documents the
				  department determines to be necessary. The department shall review, public
				  notice and approve or deny the requested modification according to the
				  procedures of s.
				  NR
				  211.30(7).
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter III - Department Activities › Section NR 211.31 - Department activities in the absence of a pretreatment program

Current through June 24, 2024
(1) In the absence
				  of a pretreatment program, the department may:
(a) Identify and locate all possible
				  industrial users which might be subject to pretreatment standards or
				  requirements.
(b) Identify the
				  character and volume of pollutants contributed to the POTW by the industrial
				  users identified under par. (a).
(c) Notify industrial users identified under
				  par. (a) of applicable pretreatment standards and of any applicable solid or
				  hazardous waste disposal requirements under chs. 289 and 291, Stats.
(d) Receive and analyze self-monitoring
				  reports and other notices submitted by industrial users in accordance with the
				  self-monitoring requirements of s.
				  NR
				  211.15.
(e) Randomly sample and analyze the effluent
				  from industrial users and conduct surveillance and inspection activities in
				  order to identify, independently of information supplied by industrial users,
				  occasional and continuing noncompliance with pretreatment standards.
(f) Investigate instances of noncompliance
				  with pretreatment standards and requirements indicated in the reports and
				  notices required under s.
				  NR
				  211.15.
(g) Annually publish the names of industrial
				  users that meet any of the criteria in s.
				  NR 211.23(1) (j)
				  1. to 8. The list of industrial users shall
				  be published in the newspaper with the largest circulation in the municipality
				  in which the industrial user is located.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter III - Department Activities › Section NR 211.32 - Supplemental compliance monitoring and enforcement activities

Current through June 24, 2024
(1) In cases where
				  a POTW has a pretreatment program the department may perform such activities as
				  are necessary to ensure that pretreatment standards and requirements are being
				  properly implemented and enforced by the POTW. These activities may include but
				  are not limited to:
(a) Review of monitoring
				  reports submitted by the industrial users and POTW as required by ss.
				  NR
				  211.15 and
				  211.25; and
(b) Periodic inspection, surveillance, and
				  monitoring of POTW and industrial user operations.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter III - Department Activities › Section NR 211.33 - Certification of industrial user category

Current through June 24, 2024
(1) Within 60 days
				  after the effective date of a categorical pretreatment standard for a
				  subcategory under which an industrial user believes itself to be included, the
				  industrial user may request the department to provide written certification
				  that the industrial user does or does not fall within that particular
				  subcategory. If an existing industrial user adds or changes a process or
				  operation which may be included in a subcategory, the existing industrial user
				  shall request this certification prior to commencing discharge from the added
				  or changed process or operation. New sources desiring certification must
				  request this certification prior to commencing discharge.
(2) A POTW may file a request for
				  certification under sub. (1) relating to an industrial user discharging into
				  the POTW. Where a request for certification is submitted by a POTW, the POTW
				  shall notify any affected industrial user of such submission. The industrial
				  user may provide written comments on the POTW submission to the department
				  within 30 days after the date of notification.
(3) Each request for certification shall be
				  submitted to the department and shall contain the following:
(a) A statement describing which
				  subcategories might be applicable;
(b) Facts and reasons indicating why a
				  particular subcategory is applicable and why others are not applicable;
				  and
(c) The certification statement
				  contained in s.
				  NR
				  211.15(10).
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter III - Department Activities › Section NR 211.34 - Pretreatment standards and requirements based upon federally promulgated regulations

Current through June 24, 2024
(1) In the event that federal regulations
				  establishing pretreatment standards or requirements are promulgated for any
				  point source to which the provisions of this chapter apply, the department may
				  implement and enforce these pretreatment standards and requirements based upon
				  the federal regulations after publishing a notice of its intent to do so in the
				  Wisconsin administrative register.
(2) The department shall, as soon as possible
				  after the promulgation of any federal regulation establishing pretreatment
				  standards or requirements as described in sub. (1), adopt appropriate
				  pretreatment standards or requirements for point sources subject to this
				  chapter in the Wisconsin administrative code.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter IV - Regulation of Chloride and Mercury Sources › Section NR 211.40 - POTW authority to regulate chloride discharges from all sources

Current through June 24, 2024
Notwithstanding all other provisions of this chapter, a
					 POTW may develop and enforce specific standards or requirements, including but
					 not limited to source reduction activities enumerated in s.
					 NR 106.90, to
					 regulate the discharge of chloride from industrial, residential and commercial
					 sources. The POTW's authority includes the authority to regulate all
					 industrial, commercial and domestic wastewater containing
					 chloride.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 211 - General Pretreatment Requirements › Subchapter IV - Regulation of Chloride and Mercury Sources › Section NR 211.41 - POTW action to reduce mercury discharges from all sources

Current through June 24, 2024
Notwithstanding all other provisions of this chapter, a
					 POTW shall develop and enforce any specific standards or requirements and
					 implement any source reduction activities that are necessary to assure
					 compliance with requirements established in s.
					 NR 106.145.
					 These standards, requirements and source reduction activities apply to mercury
					 discharges to the POTW from all relevant sources, including but not limited to
					 industrial, commercial and residential sources.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter I - General › Section NR 212.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish the
					 procedures, methodologies, and requirements to be used by the department for
					 determining total maximum pollutant loadings and corresponding water quality
					 related effluent limitations in accordance with ss.
					 283.13(5),
					 283.31(3)
					 (d) 3, and 283.83(1) (c), Stats. Such
					 restrictions are established to attain and maintain the designated uses
					 specified in the water quality standards appearing in chs.
					 NR 102,
					 103, and
					 104.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.02 - Applicability

Current through June 24, 2024
(1) The provisions of this subchapter are
				  applicable to water quality related effluent limitations for biochemical oxygen
				  demand developed through wasteload allocations for the Lower Fox River from
				  milepoints 0-40.0, Upper Wisconsin River from milepoints 171.9-341.4, and
				  Peshtigo River from milepoints 0-12, and established under s.
				  283.13(5),
				  Stats.
(2) Nothing in this
				  subchapter shall in any way inhibit, override, preclude, or prevent the
				  department from issuing any permit with toxic effluent limits even if such
				  permit limitations would result in more stringent limitations than provided in
				  this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.05 - General

Current through June 24, 2024
(1) Water quality related effluent
				  limitations and total maximum loads shall be established whenever categorical
				  effluent limits required under s.
				  283.13,
				  Stats., are less stringent than necessary to achieve the designated water
				  quality standard. Water quality related effluent limitations for point sources
				  shall be specified in a WPDES permit.
(2) For the purposes of this chapter
				  compliance with water quality related effluent limitations is recognized as
				  compliance with s.
				  283.31(4)
				  (d), Stats.
(3) In no case shall the water quality
				  related effluent limitations be less stringent than applicable categorical
				  effluent limitations.
(4) Analysis
				  of the samples shall be performed in accordance with ch. NR 219. Laboratory
				  test results for 5-day biochemical oxygen demand and nutrients submitted to the
				  department under this chapter shall be performed by a laboratory certified or
				  registered under ch. NR 149.
The requirement in this section to submit data from a
						certified or registered laboratory is effective on August 28,
						1986.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.06 - Determination of the total maximum load

Current through June 24, 2024
(1) When required
				  by s.
				  NR
				  212.05, total maximum loads for stream segments shall
				  be established based upon relevant water quality and quantity considerations
				  including, but not limited to, streamflow, water temperature, pH, dissolved
				  oxygen, suspended solids and hardness or other natural background conditions.
				  The stream conditions to be used for calculating the total maximum load are
				  specified in s.
				  NR
				  102.03(3). Variable loadings may be
				  established for a given stream segment to reflect the varying capacity of a
				  stream to assimilate wastes under differing conditions when necessary
				  supporting data is available.
(2)
				  Total maximum loads established in ss.
				  NR
				  212.40 to shall be 212.70 reviewed at least once every
				  5 years and if necessary, recalculated by the department prior to permit
				  reissuance, based on factors which shall include but not be limited to changes
				  in stream conditions and advancements in stream modeling techniques, discharge
				  characteristics, readjustment of modeling coefficients, utilization of new
				  data, or baseline load revisions under s.
				  NR
				  212.065.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.065 - Modification of baseline loads

Current through June 24, 2024
(1) Baseline loads
				  established in ss.
				  NR
				  212.40 to shall be 212.70 reviewed at least once every
				  5 years and if necessary, revised by the department based on factors that shall
				  include, but not be limited to population projections, modifications to
				  categorical effluent limits, production curtailment or expansions, permit
				  expiration and revocation, cessation of discharge or other issues. Any
				  temporary reallocation under s.
				  NR
				  212.11(2) shall be considered as part
				  of baseline load revisions at the 5 year update.
(2) In proposing revisions to total maximum
				  daily loads or baseline loads in ss.
				  NR
				  212.40 to due 212.70 to reallocation, the department
				  staff shall consider increases in allocations only for circumstances when:
(a) A new discharger requires a wasteload
				  allocation due to insufficient reserve capacity being available in the
				  applicable stream segment; or
(b)
				  An existing discharger demonstrates to the satisfaction of the department that
				  additional wasteload allocation is required due to a production expansion or
				  municipal growth. The demonstration shall include an analysis of the
				  discharger's current wastewater treatment facility's capability to adequately
				  treat the increased influent. The demonstration shall also include an analysis
				  that the discharger's wastewater treatment facility is adequately maintained
				  and operated at optimal efficiency; or
(c) An existing discharger demonstrates to
				  the satisfaction of the department that additional wasteload allocation is
				  required due to the inability of its wastewater treatment facility to attain
				  existing wasteload allocations. The demonstration shall include an analysis
				  that the discharger has installed appropriate treatment technology and that the
				  current facility is maintained and operated at optimal efficiency.
(d) A reallocation of total maximum daily
				  loads would result in establishment of a reserve capacity through procedures
				  identified in ss.
				  NR
				  212.40 through
				  212.70.
(e) Through use of a toxicity test approved
				  by the department, the discharger applying for an increased total maximum daily
				  load demonstrates that such increase will not result in a failure, as defined
				  by the department, of the toxicity test.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.07 - Allocation for reserve capacity

Current through June 24, 2024
The allocation for a reserve capacity for a particular
					 stream segment shall be zero unless otherwise specified in ss.
					 NR
					 212.40 to
					 212.70.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.08 - Allocation for margin of safety

Current through June 24, 2024
The allocation for a margin of safety shall be zero unless
					 otherwise specified in ss.
					 NR
					 212.40 to
					 212.70.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.09 - Nonpoint source allocation

Current through June 24, 2024
The allocation for nonpoint sources shall be zero unless
					 otherwise specified in ss.
					 NR
					 212.40 to
					 212.70.
For those stream conditions where the allocation of water
						quality related effluent limitations is necessary, nonpoint source effects on
						stream segments will normally be accounted for in the water quality model or
						other technical analysis used to determine the total maximum load. In
						unforeseen circumstances requiring the specific allocation of a portion of the
						total maximum load for contributions from nonpoint sources, s. NR 212.09 can be
						used. Direct control of contributions from nonpoint sources will be implemented
						through land management control practices and will not normally be included in
						a waste load allocation.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.10 - Point source allocations

Current through June 24, 2024
(1) The water
				  quality related effluent limitations for a point source discharge to a stream
				  segment which is not impacted by any other point source shall be calculated by
				  subtracting any allocations for reserve capacity, margin of safety or nonpoint
				  sources from the total maximum loading.
(2) The procedures for determining water
				  quality related effluent limitations for point source dischargers to a stream
				  segment affected by more than one discharger are found in ss.
				  NR
				  212.40 to
				  212.70.
(3) The department may permit point source
				  water quality related effluent limitations to vary according to flow,
				  temperature or other water quality conditions only when all of the following
				  are met:
(a) The limitations shall result in
				  the attainment of water quality standards; and
(b) During the term of the permit the
				  discharger provides sufficient monitoring capability where such capability does
				  not otherwise exist.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations › Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments › Section NR 212.11 - Modifications and temporary reallocation of point source allocations

Current through June 24, 2024
(1)
				  When a discharger to a publicly-owned point source covered by this chapter
				  applies to receive a separate WPDES permit or when a person with a WPDES permit
				  applies to terminate its direct discharge in order to contribute to a
				  publicly-owned point source covered by this chapter, permit modification
				  procedures contained in ss.
				  283.37
				  and
				  283.53(2),
				  Stats., shall apply. Any reallocation pursuant to such action shall only affect
				  the applicant and the publicly-owned point source to which it
				  discharges.
(2) Procedures for
				  temporary reallocation for individual stream segments are identified in ss.
				  NR
				  212.40 through
				  212.70. Notwithstanding procedures
				  identified in ss.
				  NR
				  212.40 through
				  212.70, temporary reallocation of
				  wasteload allocations may be allowed under the following conditions:
(a) Reallocations approved by the department
				  shall be for at least one calendar year and shall expire at the end of the
				  affected discharger's WPDES permit term;
(b) Reallocations shall account for
				  differences in waste characteristics and location of discharge as determined by
				  the department and may not adversely affect a downstream segment's wasteload
				  allocation; and
(c) Reallocations
				  may not affect baseline loads in affected stream segments but may result in an
				  adjustment to total maximum daily loads identified in ss.
				  NR
				  212.40 through
				  212.70.