Wis. Admin. Code Department of Natural Resources NR 211.235

Current through October 28, 2024

Section NR 211.235 - Regulation of significant industrial users

A POTW with an approved pretreatment program shall:

(1)

(am) Control the discharge from each significant industrial user through individual control mechanisms or, as provided in par. (b), through general control mechanisms. The control mechanism shall have a duration of no longer than 5 years and may not be transferred without prior notification to the POTW. The control mechanism shall contain or contain by reference the following:

1. Statement of duration;

2. Transferability requirements;

3. Effluent limits, including best management practices, based on prohibited discharge standards, categorical pretreatment standards, local limits and state and local law;

4. Requirements for self monitoring, including sampling location, sampling frequency, sample types, record keeping and reporting;

5. Notification requirements for irregular discharges regulated by s. NR 211.15(7);

6. Any applicable compliance schedule;

7. A description of the civil and criminal penalties for violation of pretreatment standards or requirements; and

8. Requirements to control slug discharges, if determined by the control authority to be necessary.

(b) At the discretion of the POTW, this control may include use of general control mechanisms which contain the elements listed in par. (am) if all facilities to be covered:

1. Involve the same or substantially similar types of operations;

2. Discharge the same types of wastes;

3. Require the same effluent limitations;

4. Require the same or similar monitoring; and

5. Are more appropriately controlled under a general control mechanism than under individual control mechanisms as determined by the control authority.

(c) To be covered by the general control mechanism, the user shall file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any requests in accordance with s. NR 211.15(4) (b) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the control authority deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general control mechanism until after the control authority has provided written notice to the user that such a waiver request has been granted in accordance with s. NR 211.15(4) (b). The control authority shall retain a copy of the general control mechanism, documentation to support the determination that a specific user meets the criteria in par. (b) 1. to 5., and a copy of the user's written request for coverage for 3 years after the expiration of the general control mechanism.

(d) A control authority may not use general control mechanisms for facilities that are subject to production-based categorical standards, standards expressed as mass of a pollutant discharged per day, limits that are based on the combined waste stream formula in s. NR 211.12 or limits that are adjusted for pollutants in intake water in s. NR 211.11(4).

(2) Within 30 days after identifying an industrial user as a significant industrial user, notify the newly designated significant industrial user of its status and of all requirements applicable to it as a result of its status.

(3) Inspect and sample the effluent from each significant industrial user at least once per year except as otherwise specified below:

(a) Where the POTW has authorized a user subject to a categorical pretreatment standard to forego sampling for a pollutant that is not present in accordance with s. NR 211.15(4) (b), the POTW shall sample for the waived pollutant at least once during the term of the user's control mechanism. In the event that the POTW subsequently determines that a waived pollutant is present or is expected to be present in the industrial user's wastewater based on changes that occur in the user's operations, the POTW shall immediately begin at least annual effluent monitoring for that pollutant and inspection.

(b) Where the POTW has determined that an industrial user meets the criteria for classification as a non-significant categorical industrial user in accordance with s. NR 211.15(4) (d), the POTW shall evaluate, at least once per year, whether the industrial user continues to meet those criteria.

(c) Where the POTW has determined that an industrial user is subject to reduced reporting requirements under s. NR 211.15(4) (c), the POTW shall inspect and sample the effluent from the industrial user at least once every two years. If the industrial user no longer meets the conditions for reduced reporting, the POTW shall immediately begin sampling and inspecting the industrial user at least once a year.

(4)

(a) Evaluate whether each significant industrial user needs a plan or other action to control slug discharges. For industrial users identified as significant prior to March 3, 2014, this evaluation shall have been conducted by February 1, 2015. Additional significant industrial users shall be evaluated within 1 year of being designated as significant industrial users.

(b) If the POTW determines that a slug control plan is needed, require the industrial user to develop a plan with the following elements:

1. A description of discharge practices, including nonroutine batch discharges;

2. A description of stored chemicals;

3. Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition in s. NR 211.10, with procedures for a subsequent written notification within 5 days;

4. Any necessary procedures to:

a. Prevent accidental spills;

b. Inspect and maintain storage areas;

c. Handle and transfer materials;

d. Control loading and unloading operations;

e. Control plant site run-off; and

f. Train workers.

5. Any necessary measures for building containment structures or equipment;

6. Any additional measures necessary to contain toxic organic pollutants, including solvents;

7. Any necessary procedures and equipment for emergency response; and

8. Any necessary practices to limit the damage suffered by the treatment plant or the environment after a slug discharge.

Wis. Admin. Code Department of Natural Resources NR 211.235

Cr. Register, March, 1992, No. 435, eff. 4-1-92; CR 13-006: renum. (1) (intro.) and (a) to (g) to (1) (am) (intro.) and 1. to 7. and am. (intro.), 3., 6., 7., cr. (1) (am) 8., (b) to (d), renum. (3) to (3) (intro.) and am., cr. (3) (a) to (c), am. (4) (a) Register January 2014 No. 697, eff. 2-1-14.