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 211.23 - Procedural requirements

Current through June 24, 2024
(1) Where the
				  department requires a POTW to develop a pretreatment program under this
				  subchapter, the POTW shall develop and fully implement procedures to ensure
				  compliance with the requirements of a pretreatment program. At a minimum, these
				  procedures shall enable the POTW to:
(a)
				  Identify and locate all possible industrial users who might be subject to the
				  pretreatment program.
(b)
				  Reclassify, upon the POTW's own initiative or in response to a petition from an
				  industrial user, a significant industrial user not subject to categorical
				  pretreatment standards as a nonsignificant industrial user after a finding that
				  the industrial user has no potential for adversely affecting the POTW's
				  operation or for violating any pretreatment standard or requirement.
(c) Identify the character and volume of
				  pollutants contributed to the POTW by industrial users.
(d) Notify industrial users of applicable
				  pretreatment standards and requirements including those relating to user
				  charges and solid or hazardous waste disposal.
(e) Receive and analyze self-monitoring
				  reports and other notices submitted by industrial users.
(f) 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.
(g) Develop an enforcement response plan that
				  discusses how the POTW will investigate and respond to instances of industrial
				  user noncompliance. At a minimum, the plan shall:
1. Describe how the POTW will investigate
				  instances of noncompliance;
2.
				  Describe the escalating enforcement responses the POTW will take in response to
				  all anticipated types of industrial user violations and the time periods within
				  which the responses will take place; and
3. Identify by title the officials
				  responsible for each type of response.
(h) Investigate instances of noncompliance by
				  collecting and analyzing samples and other information with sufficient care to
				  produce evidence admissible in enforcement proceedings or in judicial
				  actions.
(i) Make the information
				  obtained under pars. (a) to (h) available to the department or EPA upon
				  request.
(j) Annually publish a
				  list of the industrial users that were in significant noncompliance with the
				  applicable pretreatment standards and requirements at any time during the
				  previous 12 months. The list shall be published in a newspaper of general
				  circulation that provides meaningful public notice in the area served by the
				  POTW. A significant industrial user has been in significant noncompliance if:
				  any of the criteria in subds. 1. to 8. apply. A non-significant industrial user
				  has been in significant noncompliance if criteria in subd. 3., 4., or 8. apply.
1. Sixty-six percent or more of all the
				  measurements of the industrial user's wastewater for the same pollutant taken
				  during a 6 month period exceeded by any magnitude any numeric pretreatment
				  standard or requirement including an instantaneous limit.
2. Thirty-three percent or more of all the
				  measurements of the industrial user's wastewater for the same pollutant taken
				  during a 6 month period equaled or exceeded the product of the numeric
				  pretreatment standard or requirement including an instantaneous limit
				  multiplied by either 1.4 for BOD, TSS, and fats-oil-grease; 1.2 for all other
				  pollutants except pH; or exceeded a pH limit by .4 standard units.
3. The control authority has reason to
				  believe that the industrial user has caused, alone or in combination with other
				  discharges, interference, pass through or endangerment of the health of POTW
				  personnel or the general public because of a violation of a pretreatment
				  standard or requirement.
4. The
				  industrial user has discharged a pollutant that has caused imminent
				  endangerment to human health, welfare or the environment or has otherwise
				  resulted in the POTW's exercise of its emergency authority to halt or prevent a
				  discharge.
5. The industrial user
				  failed to meet, by 90 days or more, a milestone date contained in a compliance
				  schedule within a local control mechanism or enforcement order for starting
				  construction, completing construction or attaining compliance.
6. The industrial user has failed to provide
				  within 45 days of a deadline a required report containing all required
				  monitoring results and other information, such as a baseline monitoring report,
				  90 day compliance report, periodic self-monitoring report or report on
				  compliance with a compliance schedule.
7. The industrial user has failed to
				  accurately report noncompliance.
8.
				  The control authority has determined that any other violation or group of
				  violations, which may include a violation of required best management
				  practices, by the industrial user has adversely affected the operation or
				  implementation of the local pretreatment program.