Section NR 106.117 - Schedules of compliance(1) SCHEDULES FOR FIRST PERMIT ISSUANCE. (a) In this subsection, the following definitions apply: 1. New source has the meaning given in 40 CFR 122.2.2. New discharger has the meaning given in 40 CFR 122.2.3. Recommencing discharger means a permitted source that recommences discharge after terminating its operations.(b) The first permit issued by the department to a new source or a new discharger shall contain a schedule of compliance only when necessary to allow a reasonable opportunity to attain compliance with state or federal limitations promulgated after commencement of construction but less than 3 years before commencement of the discharge. Note: The department recognizes pollution control equipment start-up problems may arise at the commencement of a new discharge. Enforcement discretion may be used in the 90 days following commencement of discharge, in such cases.
(c) For recommencing dischargers, a schedule of compliance shall be included in the permit only when necessary to allow a reasonable opportunity to attain compliance with limitations promulgated less than 3 years before recommencement of the discharge.(2) SCHEDULES FOR REISSUED OR MODIFIED PERMITS. A reissued or modified permit may, when appropriate, include a schedule for compliance with new or more stringent effluent limitations that are established by this chapter.(3) SCHEDULE REQUIREMENTS. A schedule of compliance included in a permit shall meet all of the following conditions: (a)Time for compliance. Any schedule of compliance under this section shall require compliance as soon as possible but may not extend beyond any applicable federal or state statutory deadlines. The schedule also may not extend beyond 5 years from the date that the permit is reissued or modified to include the new or more stringent effluent limitation, except as provided in par. (b) or as provided in other chapters.(b)Great Lakes dischargers. For an existing discharger to the Great Lakes system with a permit that was originally issued before March 23, 1997, if the effluent limitation is based on a secondary value under s. NR 105.03(25), the permit shall require compliance with the secondary value based limitation within a reasonable period of time, no later than 5 years after permit reissuance or modification to include the limitation. The compliance schedule may allow the permittee additional time to conduct studies for the purpose of revising the secondary value or to develop a criterion if requested by the permittee in accordance with s. NR 106.07(8). The time period allowed for such studies may not exceed 2 years. In cases where the permittee wishes to conduct a study on the secondary value, the permit also shall contain a reopener clause, requiring a permit modification if the department determines the specified studies demonstrate that a revised limitation is appropriate. Any revised limitation shall be incorporated through a permit modification and a reasonable time period, up to 5 years, may be allowed for compliance, but in no case may the compliance schedule for the revised limitation extend beyond 7 years from the date the secondary value based limitation was initially included in the permit.(c)Interim dates. If a permit establishes a schedule of compliance that exceeds one year from the date of permit reissuance or modification, the schedule shall set forth interim requirements and the dates for their achievement as follows: 1. The time between dates for the achievement of interim requirements may not exceed one year, except in the case of a schedule for compliance with standards for sewage sludge use and disposal, the time between dates for the achievement of interim requirements shall not exceed 6 months.2. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.(d)Pollution and waste minimization measures. The schedule of compliance may require the permittee to evaluate pollution and waste minimization measures as a means for complying with the effluent limitation.(e)Extension beyond permit expiration. If a permit is modified to include a limitation, the schedule of compliance may extend beyond the expiration date of the permit if an interim permit limit that is effective upon the permit's expiration date is included in the permit. In such cases, the department shall also specify in the permit the final water quality based effluent limit and its effective date.(f)Reporting. No later than 14 days following each interim date and the final date of compliance, the permittee shall notify the department in writing of its compliance or noncompliance with the interim or final requirements or, if par. (c) 2. is applicable, submit progress reports. Wis. Admin. Code Department of Natural Resources NR 106.117
Cr. Register, August, 1997, No. 500, eff. 9-1-97; CR 03-050: renum. from NR 106.17 Register February 2004 No. 578, eff. 3-1-04.Amended by, CR 17-002: r. and recr. Register April 2018 No. 748, eff.5/1/2018 An interim permit requirement is not necessarily a numerical effluent limitation.
Note: Compliance schedule provisions for TMDL-based limits, technology-based limits, and phosphorus limits may differ from the requirements of this section. These provisions may be found in ss. NR 212.75(5), 205.14, and 217.17, respectively