Section NR 252.04 - Applicability of sulfide pretreatment standards(1) A POTW receiving wastewater from a facility subject to this chapter may require more stringent pretreatment standards for sulfide than those established by this chapter without EPA approval.(2) The pretreatment standards for sulfide established by this chapter will not apply if the POTW receiving wastewater from a facility subject to this chapter certifies in writing with explanation of relevant factors considered, in accordance with the provisions of sub. (3) that the discharge of sulfide from the facility does not interfere with the operation of the POTW. In making this determination, the POTW shall consider all relevant factors including but not limited to the following: (a) The presence and characteristics of other industrial wastewaters which can increase or decrease sulfide concentrations, pH, or both.(b) The characteristics of the sewer/interceptor collection system which either minimize or enhance opportunities for release of hydrogen sulfide gas.(c) The characteristics of the receiving POTW's headworks, preliminary and primary treatment systems, and sludge holding and dewatering facilities which either minimize or enhance opportunities for release of hydrogen sulfide gas.(d) The occurrence of any prior sulfide related interference as defined in s. NR 252.02(5).(3)(a) On October 13, 1983, a POTW which intends to certify that the sulfide pretreatment standard does not apply shall publish, in a local newspaper with the largest circulation, a notice that presents the findings supporting this determination consistent with sub. (1). Allowance for public hearing of these findings shall be provided. The POTW shall identify all existing facilities to which the sulfide pretreatment standard otherwise established by this chapter would not apply. (b) On January 11, 1984, a POTW which intends to certify that the sulfide pretreatment standard does not apply shall file a written certification with the Regional Water Management Division Director, Environmental Protection Agency, in the appropriate regional office. This certification shall include the findings supporting this determination and the results of public comments, and public hearing if held.(c) On February 10, 1984, EPA shall acknowledge to the POTW receipt of any certification submitted under pars. (a) and (b), and shall indicate to the POTW the adequacy of the submission based upon a review of the factors set forth in sub. (2). (d) Within 30 days of the date of receipt of adequate submissions under pars. (a) to (c), EPA shall publish a notice in the federal register identifying those facilities to which the sulfide pretreatment standards of this part do not apply. (e) A POTW may certify that the sulfide pretreatment standards of this chapter do not apply to a new source planning to discharge into the POTW. This certification shall be submitted prior to the commencement of discharge, and shall conform at a minimum with criteria in sub. (2) and the general procedures and intervals of time contained in pars. (a) to (d). (4) APPLICABILITY OF SULFIDE PRETREATMENT STANDARDS.(a) If, after EPA and the POTW have determined in accordance with this section that the sulfide pretreatment standards of this chapter are not applicable to specified facilities, a POTW then determines that there have been changed circumstances which justify application of the sulfide pretreatment standards, the POTW shall revoke the certification submitted under sub. (3). Circumstances include, but not are not limited to, changes in the factors specified in sub. (2). The POTW and EPA shall then adhere to the general procedures and time intervals contained in sub. (3) in order to determine whether the sulfide pretreatment standards contained in this chapter are applicable.(b) If pursuant to par. (a) the sulfide pretreatment standards of this chapter are applicable to a specified facility, the indirect discharger shall comply with the sulfide pretreatment standards no later than 18 months from the date of publication of the federal register notice identifying the facility. (c) At any time after October 13, 1983, if a POTW determines that there have been changed circumstances which include, but are not limited to, changes in the factors specified in sub. (2), it may initiate proceedings contained in sub. (3) to determine that the sulfide pretreatment standards of this section shall not be applicable. The POTW and EPA shall follow the procedures and time intervals contained in sub. (3) to make this determination. A final determination that the sulfide pretreatment standards are not applicable shall be made prior to the discharge of sulfide not in accordance with the standards set forth in this chapter.Wis. Admin. Code Department of Natural Resources NR 252.04
Cr. Register, October, 1986, No. 370, eff. 11-1-86; cr. (4), Register, May, 2001, No. 545, eff. 6-1-01.