Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 205 - General Provisions › Section NR 205.07 - General conditions

Current through June 24, 2024
(1) The following conditions shall be
				included in all WPDES permits issued by the department. Other conditions that
				may be included in POTW and non-POTW permits are contained in subs. (2) and
				(3), respectively.
(a)
Duty to
				comply.
The permittee shall comply with all conditions of the permit.
				Any permit noncompliance is a violation of the permit and is grounds for
				enforcement action; permit termination, revocation and reissuance, or
				modification; or denial of a permit reissuance application. If a permittee
				violates any terms of the permit, the permittee is subject to the penalties
				established in ch. 283, Stats.
(b)
Permit actions.
As provided in s.
				283.53,
				Stats., after notice and opportunity for a hearing the permit may be modified,
				revoked and reissued, or terminated for cause. The filing of a request by the
				permittee for a permit modification, revocation and reissuance, or termination,
				or a notification of planned changes or anticipated noncompliance does not stay
				any permit condition.
(c)
Property rights.
The permit does not convey any property
				rights of any sort, or any exclusive privilege. The permit does not authorize
				any injury or damage to private property or any invasion of personal rights, or
				any infringement of federal, state or local laws or regulations.
(d)
Inspection and entry.
The permittee shall allow an authorized representative of the department, upon
				the presentation of credentials, to:
1. Enter
				upon the permittee's premises where a regulated facility or activity is located
				or conducted, or where records are required under the conditions of the
				permit;
2. Have access to and copy,
				at reasonable times, any records that are required under the conditions of the
				permit;
3. Inspect at reasonable
				times any facilities, equipment (including monitoring and control equipment),
				practices or operations regulated or required under the permit; and
4. Sample or monitor at reasonable times, for
				the purposes of assuring permit compliance, any substances or parameters at any
				location.
(e)
Recording of results.
For each effluent measurement or sample
				taken, the permittee shall record the following information.
1. The date, exact place, method and time of
				sampling or measurements;
2. The
				individual who performed the sampling or measurements;
3. The date the analysis was
				performed;
4. The individual who
				performed the analysis;
5. The
				analytical techniques or methods used; and
6. The results of the analysis.
(f)
Records
				retention.
The permittee shall retain records of all monitoring
				information, including all calibration and maintenance records and all original
				strip chart recordings for continuous monitoring instrumentation, copies of all
				reports required by the permit, and records of all data used to complete the
				application for the permit for a period of at least 3 years from the date of
				the sample, measurement, report or application. All pertinent sludge
				information, including permit application information and other documents
				specified in the permit or ch. NR 204, shall be retained for a minimum of 5
				years. The department may request that this period be extended by issuing a
				public notice to modify the permit to extend this period.
(g)
Signatory requirement.
1. All permit applications, reports, and
				other information requested by the department shall be signed by a responsible
				executive or municipal officer, manager, partner or proprietor as specified in
				s.
				283.37(3),
				Stats., or a duly authorized representative of the officer, manager, partner or
				proprietor that has been delegated signature authority pursuant to subd. 2. All
				applications and reports submitted to the department shall include the
				certification statement specified in subd. 3.
Note:
Section
				  283.37(3),
				  Stats. states that an application form shall be signed by:
(a) In the case of a corporation, by a
				principal executive officer of at least the level of vice president or by the
				principal executive officer's authorized representative responsible for the
				overall operation of the point source for which a permit is sought.
(aL) In the case of a limited liability
				company, by a member or manager.
(b) In the case of a partnership, by a
				general partner.
(c) In the case of
				a sole proprietorship, by the proprietor.
(d) In the case of publicly owned treatment
				works or a municipal separate storm sewer system by a principal executive
				officer, ranking elected official, or other duly authorized employee.
Note:
Examples of permit documents that must be
				  signed and certified by an officer, manager, partner or proprietor or their
				  authorized representative include: permit applications under s.
				  NR 200.07,
				  variance applications under s.
				  NR
				  200.23, submittals for other permit actions under s.
				  NR
				  203.135, discharge monitoring reports under s. NR
				  205.07(1) (r) 1., and compliance maintenance annual reports under s.
				  NR
				  208.04. In addition, any other department forms with a
				  signature block for the authorized representative shall comply with these
				  signatory requirements.
2. An officer, manager, partner or proprietor
				in subd. 1. may only delegate signature authority to a duly authorized
				representative if that person has responsibility for the overall operation of
				the facility or activity regulated by the WPDES permit. To delegate signature
				authority, the officer, manager, partner, or proprietor shall:
a. Provide written permission to a duly
				authorized representative to submit specific documents on behalf of the
				officer, manager, partner, or proprietor for the permitted facility.
b. The delegated authorization shall specify
				either a named individual or an employment position that has the signature
				authority and responsibility.
c.
				The written permission must be submitted to the department prior to or together
				with the submittal of any required document. If there are any changes to this
				permission, a new written permission shall be submitted to the
				department.
3. Any
				person under subd. 1. or 2. signing a permit application, report or other form
				as required by the department shall provide the following certification
				statement: I certify under penalty of law that this document and all
				attachments were prepared under my direction or supervision in accordance with
				a system designed to assure that qualified personnel properly gather and
				evaluate the information submitted. Based on my inquiry of the person or
				persons who manage the system, or those persons directly responsible for
				gathering the information, the information submitted is, to the best of my
				knowledge and belief, true, accurate, and complete. I am aware that there are
				significant penalties for submitting false information, including the
				possibility of fine and imprisonment for knowing violations.
4. Upon written request to the department and
				subject to the department's approval, a permittee may submit information by
				electronic media or electronic transmission provided the officer or authorized
				representative signs and submits a certification statement in accordance with
				subd. 3.
(h)
Compliance schedules.
Reports of compliance or noncompliance
				with interim and final requirements contained in any compliance schedule of the
				permit shall be submitted in writing within 14 days after the schedule date,
				except that progress reports shall be submitted in writing on or before each
				schedule date for each report. Any report of noncompliance shall include the
				cause of noncompliance, a description of remedial actions taken and an estimate
				of the effect of the noncompliance on the permittee's ability to meet the
				remaining schedule dates.
(i)
Transfers.
A permit is not transferable to any person except
				after notice to the department. In the event of a transfer of control of a
				permitted facility, the prospective owner or operator shall file a new permit
				application and shall file a stipulation of permit acceptance with the
				department WPDES permit section. The department may require modification or
				revocation and reissuance of the permit to change the name of the permittee and
				to reflect the requirements of ch. 283, Stats.
(j)
Proper operation and
				maintenance.
The permittee shall at all times properly operate and
				maintain all facilities and systems of treatment and control which are
				installed or used by the permittee to achieve compliance with the conditions of
				the permit. The wastewater treatment facility shall be under the direct
				supervision of a state certified operator as required in s.
				NR
				108.06(2). Proper operation and
				maintenance includes effective performance, adequate funding, adequate operator
				staffing and training as required in ch. NR 114 and adequate laboratory and
				process controls, including appropriate quality assurance procedures. This
				provision requires the operation of back-up or auxiliary facilities or similar
				systems only when necessary to achieve compliance with the conditions of the
				permit.
(k)
Duty to
				mitigate.
The permittee shall take all reasonable steps to minimize or
				prevent the likelihood of any adverse impacts to public health, the waters of
				the state, or the environment resulting from noncompliance with the permit.
(L)
Duty to provide
				information.
The permittee shall furnish the department, within a
				reasonable time, any information which the department may request to determine
				whether cause exists for modifying, terminating, suspending, revoking or
				reissuing the permit or to determine compliance with the permit. The permittee
				shall give advance notice to the department of any planned changes in the
				permitted facility or activity which may result in noncompliance with permit
				requirements. The permittee shall also furnish the department, upon request,
				copies of records required to be kept by the permittee.
(m)
Duty to comply with new federal
				sludge standards.
The permittee shall comply with any new federal
				standards or prohibitions for sludge use or disposal established under section
				405 (d) of the clean water act within the time provided in the federal
				regulations that establishes the standards even if the permit has not yet been
				modified to incorporate the new standards.
(n)
Duty to reapply.
If the
				permittee wishes to continue an activity regulated by the permit after the
				expiration date of the permit, the permittee shall apply electronically, using
				the department's web-based application system, for a new permit.
Note:
The department's web-based application
				  system can be accessed at:
http://dnr.wi.gov/topic/switchboard/index.html
.
(o)
Need to halt or reduce
				activity not a defense.
It is not a defense for a permittee in an
				enforcement action to claim that it would have been necessary to halt or reduce
				the permitted activity in order to maintain compliance with the conditions of
				the permit.
(p)
Sampling
				procedures.
Samples and measurements taken for the purpose of
				monitoring shall be representative of the volume and nature of the monitored
				discharge and shall be taken at points specified in the permit using sample
				types specified in the permit and the following procedures:
1. For effluent flow measurement and sample
				collection - ch. NR 218.
2. For
				groundwater sample collection and analysis - ch. NR 214.
3. Monitoring shall be conducted according to
				test procedures specified in ch. NR 219. For sludge use or disposal, monitoring
				shall be conducted as specified in ch. NR 204. Additional test procedures may
				be specified in the permit on a case-by-case basis.
(q)
Reporting requirements.
The permittee shall give notice to the department as soon as possible of any
				planned physical alterations or additions to the permitted facility. Notice is
				required only when:
1. The alteration or
				addition to a permitted facility may meet one of the criteria for determining
				whether a facility is a new source.
2. The alteration or addition could
				significantly change the nature or increase the quantity of pollutants
				discharged. This notification requirement applies to pollutants which are not
				subject to effluent limitations in the existing permit.
3. The alteration or addition results in a
				significant change in the permittee's sludge use or disposal practices, and
				such alteration, addition, or change may justify the application of permit
				conditions that are different from or absent in the existing permit, including
				notification of additional use or disposal sites not reported during the permit
				application process nor reported pursuant to an approved land application plan.
				Additional sites may not be used for the land application of sludge until
				department approval is received, as required by ch. NR 204.
(r)
Monitoring
				reports.
Monitoring results shall be reported at the intervals
				specified in the permit.
1. Monitoring
				results shall be reported on an electronic discharge monitoring report (eDMR)
				or in a form approved by the department for reporting results of monitoring of
				sludge use or disposal practices.
Note:
eDMRs are submitted at:
http://dnr.wi.gov/topic/wastewater/eReporting.html
.
2. If the permittee monitors any
				parameter more frequently than required by the permit, using test procedures
				specified in ch. NR 204 or 219, or as specified in the permit, the results of
				this monitoring shall be included in the calculation and reporting of the data
				submitted in the eDMR or sludge reporting form submitted to the
				department.
3. Calculations for all
				limitations which require averaging of measurements shall utilize an arithmetic
				mean unless otherwise specified by the department in the permit.
(s)
Noncompliance and
				other reporting.
1. Sanitary sewer
				overflows and sewage treatment facility overflows shall be reported in
				accordance with s.
				NR
				210.21(4). Permittees shall report
				all other noncompliance which may endanger health or the environment. Any
				information shall be provided orally within 24 hours from the time the
				permittee becomes aware of the circumstances. A written submission shall also
				be provided within five days of the time the permittee becomes aware of the
				circumstances. The written submission shall contain a description of the
				noncompliance and its cause, the period of noncompliance including exact dates
				and times, and if the noncompliance has not been corrected, the anticipated
				time it is expected to continue, and steps taken or planned to reduce,
				eliminate, and prevent reoccurrence of the noncompliance.
2. The following are examples of
				noncompliance incidents that shall be reported within 24 hours in accordance
				with the requirements in subd. 1.:
a. Except
				for a scheduled bypass approved pursuant to s. NR 205.07(1) (u) 2., any bypass
				which exceeds any effluent limitation in the permit.
b. Any upset which exceeds any effluent
				limitation in the permit.
c.
				Violation of any maximum discharge limitation for any of the pollutants listed
				by the department in the permit, for either effluent or sludge.
3. The department may waive the
				written report requirement on a case-by-case basis for reports specified in
				subd. 1. if the oral report has been received within 24 hours.
4. The permittee shall report other instances
				of noncompliance not reported under subd. 1. at the time discharge monitoring
				reports are submitted either on the report itself or as an attachment to the
				report. The reports shall contain the information specified in subd. 1. and
				shall be submitted to the department at the intervals specified in the permit.
(t)
Other
				information.
Where the permittee becomes aware that it failed to
				submit any relevant facts in a permit application or submitted incorrect
				information in a permit application or in any report to the department, it
				shall promptly submit such facts or correct information to the
				department.
(u)
Bypassing.
Except for a controlled diversion as provided in
				par. (v), any bypass is prohibited. The Department may approve the following:
1. `Blending.' The bypass event is blending
				at a sewage treatment facility and complies with the requirements of s.
				NR
				210.12.
2.
				`Scheduled bypass.' The bypass event is scheduled or anticipated in advance by
				the permittee and the permittee received prior written approval from the
				department for the scheduled bypass. A permittee's written request for
				department approval of a scheduled bypass shall demonstrate that the conditions
				in subd. 3. are met and include the proposed date and reason for the bypass,
				estimated volume and duration of the bypass, alternatives to bypassing, and
				measures to mitigate environmental harm caused by the bypass. The department
				may require the permittee to provide public notification for a scheduled bypass
				if it is determined there is significant public interest in the proposed
				action.
Note:
If the department determines there is
				  significant public interest in the proposed action, the department may schedule
				  a public hearing or notice regarding the proposal for a scheduled
				  bypass.
3. `Other bypass.'
				The permittee demonstrates that all of the following apply:
a. The bypass was unavoidable to prevent loss
				of life, personal injury, or severe property damage.
b. There were no feasible alternatives to the
				bypass, such as the use of auxiliary treatment facilities or adequate back-up
				equipment, retention of untreated wastes, reduction of inflow and infiltration,
				or maintenance during normal periods of equipment downtime. This condition is
				not satisfied if adequate back-up equipment should have been installed in the
				exercise of reasonable engineering judgment to prevent a bypass which occurred
				during normal periods of equipment downtime or preventative maintenance.
Note:
When evaluating feasibility of
				  alternatives, the department may consider factors such as technical
				  achievability, costs and affordability of implementation and risks to public
				  health, the environment, and, where the permittee is a municipality, the
				  welfare of the community served.
c. The bypass was reported in accordance with
				par. (s) or the permittee reported in accordance with s.
				NR
				210.21(4).
Note:
Pursuant to ss.
				  283.89 and
				  283.91,
				  Stats., violations of permit conditions or rule requirements are referred to
				  the department of justice for enforcement.
(v)
Controlled
				diversion.
Controlled diversions are allowed provided the following
				requirements are met:
1. Effluent from the
				sewage treatment facility or wastewater treatment facility shall meet the
				effluent limitations established in the permit. Wastewater that is diverted
				around a treatment unit or treatment process during a controlled diversion
				shall be recombined with wastewater that is not diverted prior to the effluent
				sampling location and prior to effluent discharge.
2. A controlled diversion may not occur
				during periods of excessive flow or other abnormal wastewater
				characteristics.
3. A controlled
				diversion may occur only when necessary for essential maintenance to assure
				efficient operation.
Note:
Sewage treatment facilities that have
				  multiple treatment units to treat variable or seasonal loading conditions may
				  shut down redundant treatment units when necessary for efficient
				  operation.
4. A controlled
				diversion may not result in a sewage treatment facility or wastewater treatment
				facility overflow.
5. All instances
				of controlled diversions shall be documented in sewage treatment facility or
				wastewater treatment facility records and such records shall be available to
				the department on request.
(x)
Permit as enforcement
				shield.
Compliance with a permit during its term constitutes
				compliance for purposes of enforcement with
				33 USC 1311,
				1312,
				1316,
				1317,
				1328, and
				1345(a) and
				(b), except for any toxic effluent standard
				or prohibition, and standards for sewage sludge use or disposal. If a new or
				revised toxic effluent standard or toxic prohibition becomes effective during
				the term of the permit, the permittee may be subject to enforcement action if
				the discharge exceeds the new or revised effluent standard for the toxic
				pollutant even though the discharge is in compliance with the existing permit.
				The permittee may also be subject to enforcement action standards for sewage
				sludge use or disposal. However, a permit may be modified, revoked and
				reissued, or terminated during its term for cause as set forth in ch. 283,
				Stats., and ch. NR 203.
Note:
The toxic effluent standards in s. NR
				  205.07(1) (x) are the technology based limitations applicable to the
				  categorical sources in accordance with
				  33 USC
				  1317 (sec. 307 of the Clean Water Act). Refer
				  to
				  40 CFR
				  122.5(a).
(y)
Affirmative defense.
Compliance with a permit condition which implements a particular standard for
				sewage sludge use or disposal shall be an affirmative defense in any
				enforcement action brought for a violation of that standard for sewage sludge
				use or disposal.