Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 110 - Sewerage Systems › Section NR 110.05 - Sewer extensions

Current through June 24, 2024
(1) PURPOSE. The purpose of this section is
				to insure that department approval of applications for sanitary sewer
				extensions are consistent with and enhance the policy of the state to restore
				and maintain the chemical, physical and biological integrity of its waters to
				protect public health, safeguard fish and aquatic life and scenic and
				ecological values and enhance the domestic, municipal, recreational,
				industrial, agricultural and other uses of water.
(3) PERMISSIVE APPROVALS RELATED TO PERMITTED
				EFFLUENT LIMITATIONS.
(a) Unless an approval
				would be contrary to the purpose of this section, applications for sanitary
				sewer extensions that comply with all applicable requirements of this chapter
				shall be approved if the sewer will be tributary to a sewage treatment facility
				in compliance with the monthly average effluent limitations for biochemical
				oxygen demand (BOD) and total suspended solids contained in its WPDES
				permit.
(b) In the event that the
				WPDES permit for a sewage treatment facility currently discharging an effluent
				in accordance with ch. NR 210 establishes a compliance schedule for achievement
				of any more stringent water quality related effluent limitations for
				biochemical oxygen demand and total suspended solids applicable to such
				treatment facility, compliance with the schedule of compliance in the discharge
				permit will be deemed to be compliance with the applicable water quality
				related effluent limitations.
(c)
				In determining whether a discharged effluent is in compliance with the monthly
				average effluent limitations for biochemical oxygen demand (BOD) and total
				suspended solids contained in a WPDES permit, the following procedure shall
				apply:
1. Compliance shall be determined by
				department review of the previous 12 months of discharge monitoring data. If 12
				months of data are not available, the review shall be based on the data that
				are available.
2. More than a total
				of 3 months of violations of the monthly average limitations for either BOD or
				total suspended solids or both in the previous 12 months (or the equivalent
				ratio for the number of months of data available) shall cause denial, subject
				to the following additional considerations:
a.
				Recognition of the inherent inaccuracy of the BOD and total suspended solids
				tests shall be given by multiplying the monthly average effluent limitations as
				specified in the permit by a factor of 1.3 for BOD and 1.2 for total suspended
				solids for purposes of determining whether monthly average effluent results are
				in compliance.
b. The department
				may grant approval if it determines that, due to a demonstrable action by the
				permittee, the sewage treatment facility has been in compliance for four or
				more consecutive months, thus demonstrating a trend toward better
				operation.
c. The department may
				grant approval in those instances where the permittee demonstrates that
				noncompliance with the effluent limitations has been caused by algae growth in
				a sewage treatment facility utilizing lagoons as the principal treatment
				process.
d. The department may
				grant approval if it determines that noncompliance with the effluent
				limitations has been caused by operating difficulties associated with startup
				for those sewage treatment facilities which have recently been constructed or
				undergone major modification or expansion. The period described as startup may
				be no longer than 12 consecutive months.