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 211.30 - Pretreatment program approval and removal credit authorization

Current through June 24, 2024
(1) Upon receipt of
				  a request from a POTW for pretreatment program approval or removal credit
				  authorization, the department shall perform an initial review to determine the
				  completeness of the submittal. The department shall complete its initial review
				  and inform the POTW whether the submission is sufficient within 60 days. If the
				  submittal is not complete, the department shall notify the POTW of the
				  deficiencies and shall suspend review until the submittal is
				  complete.
(2) Within 20 days after
				  making the initial determination that the POTW submittal meets the requirements
				  of ss.
				  NR
				  211.22 to for 211.26 pretreatment program approval, or
				  s.
				  NR
				  211.13 for removal credit authorization, the
				  department shall publish a public notice of receipt of the request or
				  authorization. The notice shall provide an opportunity for the POTW or any
				  interested person to submit written comments or to request a public hearing
				  under s.
				  283.49, Stats.,
				  with respect to the submittal. The public notice shall provide a period of not
				  less than 30 days following the date of public notice during which time written
				  comments and requests for public hearing shall be filed. All written comments
				  received during this time shall be considered in determining whether or not to
				  approve the POTW's request. The comment period may be extended at the
				  department's discretion.
(3) The
				  department shall hold a hearing if the requirements of s.
				  283.49, Stats.,
				  are met. Public notice of the hearing shall be provided under s.
				  283.49,
				  Stats.
(4) The department shall
				  have 90 days from the date of public notice of receipt of any request for
				  approval or authorization submitted in compliance with the requirements of s.
				  NR
				  211.24 for pretreatment program approval and s.
				  NR
				  211.13 for removal credit authorization, to review the
				  request for compliance with the requirements of ss.
				  NR
				  211.22 through
				  211.26 and s.
				  NR
				  211.13. The department may have up to 90 days more to
				  complete its review if the comment period provided for in sub. (2) is extended
				  beyond 30 days or if a public hearing is held under s.
				  283.49, Stats. In
				  no event shall the total time for evaluation exceed 180 days from the date of
				  public notice of receipt of a request for approval or authorization.
(5) At the end of this evaluation and comment
				  period the department shall either approve or disapprove the request for
				  approval or authorization. The department shall publish a notice of
				  determination to approve or disapprove the pretreatment program or removal
				  credit authorization and shall mail copies of the notice to the POTW and to
				  each person who submitted a written comment or participated in the public
				  hearing or who requested a copy of the notice. If the pretreatment program is
				  not approved or if the removal credit authorization is not granted, the notice
				  of disapproval or denial shall state the modifications and revisions necessary
				  to bring the pretreatment program or removal credit request into compliance
				  with applicable requirements.
(6)
				  The department shall make implementation of an approved pretreatment program an
				  enforceable condition in the POTW's WPDES permit.
(7)
(a) The
				  department shall use the procedures in par. (b) for approval of any of the
				  following substantial pretreatment program modifications:
1. Modifications that relax POTW legal
				  authorities, as outlined in s.
				  NR
				  211.22, except for modifications that directly reflect
				  a revision to this chapter or to other state or federal pretreatment
				  requirements and are reported under par. (c);
2. Modifications that relax local limits,
				  except for pH and reallocations of maximum allowable industrial loadings that
				  do not increase the total industrial loadings of a pollutant and are reported
				  under par. (c);
3. Changes to the
				  POTW's control mechanism;
4. A
				  decrease in the frequency of self-monitoring or reporting required of
				  industrial users;
5. A decrease in
				  the frequency of industrial user inspections or sampling by the POTW;
6. Changes to the POTW's confidentiality
				  procedures; and
7. Other
				  modifications designated as substantial by the department on the basis that the
				  modification could have a significant impact on the operation of the POTW's
				  pretreatment program, result in an increase in pollutant loadings at the POTW
				  or result in less stringent requirements being imposed on industrial users of
				  the POTW.