A.
Industrial users discharging pollutants which are strictly prohibited from being discharged into the sewerage system shall reduce their pollutant loads to effluent levels attainable through the application of the best practicable control technology currently available as defined in Section 304(b) of the Act. All users discharging or proposing to discharge any toxic pollutant as defined pursuant to Section 307(a)(1) of the Act shall apply for permission to discharge from the City through the procedures in §§ 639-29 and 639-31A. Pursuant to § 639-15C, attainment of allowed concentrations by dilution will not be allowed as a means to meet discharge standards.
B.
All persons or users within the jurisdiction of any contract community
who require pretreatment of sewage are subject to the provisions of
this chapter. The Control Authority may take any reasonable steps,
including inspection and sampling, within the jurisdiction of any
contract community to assure compliance with pretreatment requirements.
A.
The Control Authority shall designate as a significant industrial
user every user subject to a National Categorical Pretreatment Standard.
B.
Unless the Control Authority makes a finding that a user has no reasonable
potential to adversely affect the sewerage system, the Control Authority
shall designate as a significant industrial user all industrial users
subject to the National Categorical Pretreatment Standards and subject
to applicable provisions in Ch. NR 211 Wis. Adm. Code, and any user
that:
(1)
Discharges an average of 25,000 gallons per day or more of process
wastewater to the sewerage system, excluding sanitary, noncontact
cooling and boiler blowdown wastewater; or
(2)
Discharges process wastewater that is 5% or more of the average dry
weather hydraulic or organic capacity of the sewerage system; or
(3)
Is a centralized waste treater.
C.
The City may designate as a significant industrial user any user
that has a reasonable potential to adversely affect the operation
of the sewerage system or to violate any pretreatment standard or
requirement.
D.
Within 30 days after the Control Authority determines that a user
is a significant industrial user, the Control Authority shall notify
the user of the City's determination and the particular regulations
that apply as a result of this determination.
E.
The Control Authority shall maintain a list of significant industrial
users. The Control Authority shall provide this list to the Department
and shall notify the Department of changes to the list and the reasons
for the changes.
F.
The Control Authority may, in accordance with 40 CFR 403.8(f)(6)
(Code of Federal Regulations), at any time on its own initiative or
in response to a request received from a user, determine that such
user is not a significant industrial user.
G.
The Control Authority may determine that an industrial user subject
to National Categorical Pretreatment Standards is a non-significant
industrial user (NSCIU) rather than a significant industrial user
if the conditions in § NR 211.15(4)(d), Wis. Adm. Code,
are met.
A.
In addition to complying with this chapter, including, but not limited to, §§ 639-11, 639-12 and 639-15, significant industrial users shall comply with all applicable pretreatment standards and requirements established by the United States Environmental Protection Agency and the Department that supplement or supersede this chapter. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
B.
The Control Authority shall enforce all applicable pretreatment standards
and requirements in accordance with federal and state requirements
and the City's WPDES permit.
C.
When a National Categorical Pretreatment Standard is promulgated, the Control Authority may, at its discretion, notify all users subject to that new standard as soon as practicable. Regardless of such notice, affected users are subject to the requirements of § 639-31B. The Control Authority shall modify the existing wastewater discharge permits of affected users in accordance with § 639-29F.
A.
Users shall, at their own expense, provide, operate and maintain necessary wastewater pretreatment facilities as required to comply with this chapter and shall achieve compliance with all National Categorical Pretreatment Standards, state requirements, and local limits within the time limitations specified by the applicable regulations. All proposed new or modified pretreatment facilities are subject to review and approval under § 639-31L.
B.
Where preliminary treatment or flow equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at the owner's
expense.
Except for private living quarters or dwelling units, grease,
oil and sand interceptors shall be provided as required by the Control
Authority or State Plumbing Code for the proper handling of liquid
wastes containing grease in excessive amounts or any flammable wastes,
sand or other harmful ingredients. All interceptors shall be of a
type and capacity approved by the Plumbing Inspector and shall be
located as to be readily and easily accessible for cleaning and inspection.
All industrial users shall promptly notify the Control Authority at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days per week) in advance of any change in its industrial operations in accordance with § 639-31A.
A.
Compliance. National Categorical Pretreatment Standards shall be
met by all industrial users of the regulated industrial categories.
Limits based on categorical pretreatment standards shall apply to
all applicable waste streams regardless of the method of disposal.
Regulated discharges shall be in compliance with the National Categorical
Pretreatment Standards in accordance with 40 CFR 403.6(b) as follows:
(1)
All industrial users, except new sources, shall comply with the applicable
National Categorical Pretreatment Standards within three years from
the effective date of the standard or within a shorter time period
if specified in the applicable standard.
(2)
New sources shall install, have in operating condition and start
up all of the pollution control equipment required to meet the applicable
pretreatment standards before beginning discharge. Within the shortest
feasible time, not to exceed 90 days, new sources shall meet all applicable
pretreatment standards.
B.
Conversion of standards. The conversion of standards between production
based limits, daily mass limits or concentration limits shall be as
specified in 40 CFR 403.6(c) and § NR 211.11(3), Wis. Adm.
Code.
C.
Adjustments based on intake water. National Categorical Pretreatment
Standards may be adjusted to reflect the presence of pollutants in
an industrial user's intake water in accordance with the procedures
in § NR 211.11(4), Wis. Adm. Code.
D.
Alternative limits for combined waste streams. The Control Authority
may establish alternative limits for industrial users whose effluent
from a process regulated by a National Categorical Pretreatment Standard
is mixed prior to treatment with wastewaters not regulated by such
standard. The procedures in § NR 211.12, Wis. Admin. Code,
shall be used to develop such alternative limits.
E.
Removal credits. Subject to the conditions of § NR 211.13,
Wis. Adm. Code, if the Control Authority finds that certain pollutants
can be reliably removed by the treatment plant, a credit in terms
of a percentage increase above what is allowed for that pollutant
by the best practicable control technology currently available may
be allowed and so indicated in the issued wastewater discharge permit.
Removal credits shall be determined using the procedures in § NR
211.13, Wis. Adm. Code.
F.
Fundamentally different factors variances. Any interested person
believing that factors relating to an industrial user are fundamentally
different from the factors considered during development of a National
Categorical Pretreatment Standard applicable to that industrial user
may request a fundamentally different factors variance from the Department.
The application procedures and criteria for such a variance request
are contained in § NR 211.14, Wis. Adm. Code.
The Control Authority may impose mass limitations on industrial
users suspected of using dilution to meet applicable pretreatment
standards or requirements or in other cases where the imposition of
mass limitations is appropriate.
A.
Each industrial user shall provide protection from accidental discharge
of prohibited or regulated materials or substances established by
this chapter. Where necessary, users shall provide and maintain, at
their expense, facilities to prevent accidental discharge of prohibited
materials. Industrial users shall immediately notify the Control Authority
at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days
per week) of any discharge that could cause problems at the POTW,
such as any slug loading in violation of Wis. Admin. Code § NR
211.10(2) or of any changes at the facility affecting the potential
for a slug discharge and the need for a slug control plan as required
by Wis. Admin. Code § NR 211.235(4), Wis. Adm. Code.
B.
Signs shall be permanently posted in conspicuous places on the user's
premises advising employees whom to call in the event of an accidental
discharge. Employers shall instruct all employees who may cause or
discover a discharge with respect to emergency notification procedure.
C.
The Control Authority will evaluate whether each significant industrial
user needs a plan or take other action to control slug discharges.
Additional significant industrial users shall be evaluated within
one year of being designated as significant industrial users. If the
Control Authority determines that a slug control plan is needed, the
plan shall contain at a minimum the following elements:
(1)
A description of discharge practices, including nonroutine batch
discharges.
(2)
A description of stored chemicals.
(4)
The necessary procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling
and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants (including
solvents) and/or measures and equipment for emergency response. [Additional
requirements as specified in § NR 211.235(4), Wis. Adm.
Code.]
Sludges, floats, skimmings and other materials generated by
an industrial or commercial pretreatment system shall not be placed
into the sewerage system.
In addition to complying with the notice requirements in § 639-31A, all existing industrial users that discharge or have a potential to discharge wastewater containing toxic pollutants to the sewerage system or additional industrial users whose discharge has a potential to adversely affect the sewerage system shall apply for and obtain a wastewater discharge permit. All new industrial users proposing to connect to or to discharge to the sewerage system shall apply for a wastewater discharge permit before connecting to or discharging to the sewerage system.
A.
Permit application.
(1)
Initial application. An application in the form prescribed by the Control Authority shall be completed and filed with the Control Authority by users required to obtain a wastewater discharge permit. The application shall be accompanied by a permit fee as established by the City pursuant to § 639-47. Existing users shall submit an application for a wastewater discharge permit within 90 days prior to the existing permit expiration. Proposed new users shall submit a permit application at least 90 days prior to connecting to and discharging to the sewerage system.
(a)
Existing industrial users who will require a permit after changing
their wastewater volume and/or characteristics shall submit a permit
application at least 90 days before the proposed process wastewater
is discharged to the sewerage system.
(b)
A one-hundred-eighty-day baseline report under § 639-31B or E may be submitted with the permit application to provide some of the data required for the permit application. New users shall submit estimates for those required items where actual data is not yet available. The permit application shall be signed by a representative of the industrial user and certified to by a qualified engineer in accordance with § 639-31N and O.
(2)
Supporting information. In support of the application, the users
shall submit in units and terms appropriate for evaluation, the following
information:
(a)
Name, location and SIC number of the user.
(b)
Disclosure of any environmental control permits held by or for
the facility.
(c)
A general description of the activities, facilities and plant
processes on the premises, including average rate of production and
all materials which are or may be discharged to the sewerage system.
(d)
The time and duration of discharges.
(e)
The average and maximum daily wastewater flow rates in gallons
per day, including daily, monthly and seasonal variations, if any.
All flows shall be measured, unless other verifiable techniques are
approved by the Control Authority.
(f)
Site plans showing sewer connections, inspection manholes, sampling
chambers and appurtenances, including size and location.
(g)
Wastewater constituents and characteristics, including, but
not limited to, those mentioned in this chapter as determined by sampling
and analysis performed in accordance with procedures contained in
40 CFR 136.
(h)
The nature and concentration of any pollutants in the discharge
that are prohibited by this chapter, together with a statement regarding
whether or not compliance is being achieved with this chapter on a
consistent basis and, if not, whether additional operation and maintenance
activities and/or additional pretreatment is required for the user
to comply with this chapter.
(i)
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the user shall provide the reports required in § 639-31B.
(j)
Any other information as may be deemed necessary by the Control
Authority to evaluate the permit application.
(k)
A summary of BMPs required to be implemented if applicable.
User maintained documentation of BMP activities that demonstrate the
compliance status of the user shall be considered compliance records.
Such records must be retained by the user in accordance with industrial
pretreatment program requirements.
(3)
The Control Authority will evaluate the completed application and
data furnished by the user and may require additional information.
Within 90 days after full evaluation and acceptance of the data furnished,
the Control Authority will issue a decision on a wastewater discharge
permit application.
B.
Permit content. Wastewater discharge permits issued by the Control
Authority may include any or all of the following:
(1)
The user's name and address.
(2)
A description of the processes and operations to which the permit
applies.
(3)
Applicable federal, state and local pretreatment standards and requirements, including any removal credits granted pursuant to § 639-25E. Permits shall specify acceptable ranges.
(4)
Monitoring, sampling, reporting, notification, and recordkeeping
requirements, including the pollutants to be monitored, sampling location,
sampling frequency, sample collection techniques, and analytical requirements.
(5)
Requirement that if an industrial user monitors any pollutant more
frequently than required by the City, the results of this monitoring
shall be included in reports and submitted to the City.
(6)
The duration term of the permit.
(7)
A statement indicating that the permit is not transferable to any
other person unless the new person applies to the Control Authority
for a transfer of the permit before the person takes possession or
control of the processes or operations to which the permit applies.
(8)
A statement regarding the applicable civil and criminal penalties
for violating pretreatment standards and requirements, such as the
penalties set forth in § 283.91, Wis. Stats., 33 U.S.C.
§ 1319 and 18 U.S.C. § 1001.
(9)
Any applicable compliance schedule, but wastewater discharge permits
may not contain compliance schedules that extend past an applicable
federal or state deadline. The compliance schedule may include but
is not limited to the following: requirements for installation of
pretreatment technology, pollution control, and construction of appropriate
containment devices designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works.
(11)
Requirements for the installation and maintenance of sampling
and monitoring facilities.
(12)
Requirements for retaining and preserving records relating to
the wastewater discharges and for allowing the Control Authority access
to those records.
(13)
A statement that the user consents to inspection and sampling
by the City.
(14)
A slug control plan as determined to be necessary pursuant to § 639-27C and as defined in § NR 211.235(4), Wis. Adm. Code.
(15)
Other conditions as deemed appropriate by the Control Authority
to ensure compliance with this chapter.
C.
Permit duration. All wastewater discharge permits may be issued for
up to five-year periods subject to modification or revocation as provided
in this chapter. The user shall apply for permit reissuance a minimum
of 90 days prior to the expiration of the user's existing permit.
D.
Limitations on permit transfer.
(1)
No change in operations. Wastewater discharge permits may be transferred
to a new owner or operator only if the permittee gives at least 30
days' notice to the Control Authority prior to the date of transfer
and the Control Authority approves the wastewater discharge permit
transfer. The notice to the Control Authority must include a written
certification by the new owner or operator which:
(3)
Failure to provide 30 days' notice to the Control Authority
of the transfer renders the wastewater discharge permit void as of
the date of the facility transfer.
E.
Permit appeals. The permittee may appeal the terms of the permit within 30 days of the notice in accordance with § 639-45. This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the appeal. In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit. At the discretion of the Control Authority, the effectiveness and provisions of the permit being appealed may be stayed pending the appeal.
F.
G.
Permit modification.
(1)
The Control Authority may modify any wastewater discharge permit
issued hereunder at any time, to assure compliance with applicable
laws and regulations.
(2)
Reasons to modify the permit include, but are not limited to, incorporation
of special conditions resulting from the issuance of a special order
by the City; incorporation of any new or revised federal, state or
local pretreatment standards or requirements; or information indicating
that the permitted discharge poses a threat to the sewerage system,
personnel, or receiving waters.
(3)
Any modifications which result in new conditions in a permit shall
include a reasonable time schedule for compliance, if necessary, subject
to the limitations set by applicable state and federal law.
(4)
Within 270 days of the promulgation of a National Categorical Pretreatment
Standard or other applicable standards, the wastewater discharge permit
of each user subject to the standards shall be revised to require
compliance with the standards within the time frame prescribed by
the standards.
I.
Expired permit. An expired permit will continue to be effective and
enforceable until reissued.
J.
General discharge permits. The Control Authority may issue and utilize
general permits in accordance with the provisions in § NR
211.235(1), Wis Adm. Code General permits may include limitations
on concentration and mass of pollutants, may specify best management
practices and include other conditions necessary to ensure compliance
with applicable limits.
A.
Monitoring facilities.
(1)
Where required.
(a)
Unless otherwise authorized by the Control Authority, all users
discharging industrial wastes into the sewerage system shall construct
and maintain, at the user's expense, monitoring facilities on
all sewer connections to facilitate inspection, measurement and sampling
of their wastes, including domestic wastewater.
(b)
When the Wastewater Superintendent determines wastewater or
wastes, either untreated or pretreated, are of a type which may pose
a threat to the public or the sewerage system, the users may be required
to provide a continuous monitoring device, incorporating a detection
and warning system and a positive control device, approved by the
Control Authority, to prevent spills of incompatible wastewater from
entering the sewerage system. Further, such users must provide and
maintain property damage and personal injury liability insurance policy
in the amount deemed necessary by the Control Authority. The liability
insurance shall cover claims against the user for damage to the sewerage
system which may be caused by any abnormal and/or deleterious waste
and for claims brought against the user for personal injury and/or
property damage generally.
(2)
Control Authority approval.
(a)
Monitoring facilities, including control manholes, shall be
located and built in a manner approved by the Control Authority. If
measuring devices are to be permanently installed, they shall be of
a type approved by the Control Authority.
(b)
Users shall submit to the Control Authority plans and specifications
for construction or modification of monitoring facilities at least
30 days before the proposed commencement of construction or modification.
If a user constructs or modifies monitoring facilities before Control
Authority approval or without an inspection during construction and
the Control Authority determines that the monitoring facilities are
unacceptable, then the user shall reconstruct or modify the monitoring
facilities according to the requirements of the City.
(3)
Design location, construction and maintenance.
(a)
Design. Proposed designs and specifications shall be submitted
to the Control Authority for review and approval. Plans shall indicate
the proposed facilities locations from both street lines and building
lines. The plans shall show the roadways and access points to the
control manholes and note entry limitations, if any, and the telephone
number and person to contact for entrance, when necessary, and any
other data considered pertinent by the Control Authority.
(b)
Location.
[1]
Each monitoring facility shall be situated on the user's
premises. However, where a location would be impractical or cause
undue hardship on the user, the user may request guidance from the
City on how to proceed.
[2]
Ample room shall be provided and maintained at all times around
and in the sampling facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
B.
Monitoring and sampling: both user and Control Authority.
(1)
User monitoring and sampling. All users designated by the Control
Authority as significant industrial users shall have their wastewater
discharge monitored in accordance with their wastewater discharge
permit and the requirements of this section.
(2)
Control Authority monitoring and sampling. In addition to the user's
requirements of this section, at a minimum, the Control Authority
shall inspect each significant industrial user once a year and sample
the user's effluent at least two times per year. The Control
Authority shall inspect and sample other industrial users as deemed
necessary.
(3)
Monitoring requirements.
(a)
At a minimum, users subject to National Categorical Pretreatment
Standards shall conduct the following monitoring, following the compliance
date for such standard:
[1]
The measured average and maximum flows from the user to the
sewerage system, in gallons per day, from regulated process streams
and other streams as necessary to allow use of the combined waste
stream formula of § NR 211.12, Wis. Admin. Code. When approved
by the Control Authority based on considerations of cost or accessibility,
the average and maximum flow of the discharge may be estimated by
verifiable techniques.
[2]
The nature and concentration of pollutants in the discharge
from each of the industrial user's regulated processes and an
identification of applicable National Categorical Pretreatment Standards
and pretreatment requirements. The nature and concentration of pollutants
in each discharge shall be determined in accordance with the following:
[a]
Sampling and analysis shall be performed to identify
the concentration or mass of regulated pollutants in the discharge
from each regulated process, according to the requirements of the
applicable National Categorical Pretreatment Standard and the Control
Authority. Samples shall be taken at the approved control manhole.
If no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected.
[i]
Both daily maximum and average values shall be reported.
[ii]
Samples shall be representative of daily operations.
[iii]
A minimum of four grab samples per day shall
be used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organics. For all other pollutants, twenty-four-hour flow
proportional composites shall be obtained, except when the industrial
user demonstrates to the City's satisfaction that flow proportional
sampling is infeasible.
[iv]
When flow proportional sampling is infeasible, the industrial
user may use time proportional composite sampling or at least four
grab samples if the industrial user has shown to the City's satisfaction
that these methods provide representative samples of the effluent
being discharged.
[b]
The industrial user shall have, at a minimum, one representative sample collected and analyzed semiannually to compile data necessary for this section. Sampling shall be performed during full facility production when substances subject to regulation, including those in batch or periodic discharges, are likely to be present in maximum concentrations or quantities for the reporting period. The Control Authority may require more frequent monitoring when necessary to assess compliance with the applicable pretreatment standards and requirements. If an industrial user samples any pollutant more frequently than required by the Control Authority and analyzes these samples according to Subsection C, the results of this monitoring shall be included in the report.
[c]
Samples shall be taken at the discharge from the
regulated process or at the discharge from pretreatment facilities,
provided that wastewaters that are not regulated by the applicable
National Categorical Pretreatment Standard are not mixed with the
regulated waste stream prior to the sampling point.
[i]
Where sampling according to the above provision is not feasible,
the Control Authority may allow alternative means of sampling to be
used to determine compliance with the applicable National Categorical
Pretreatment Standard at the point of discharge from the regulated
process.
[ii]
If streams which are not regulated by the applicable National
Categorical Pretreatment Standard are mixed with the regulated stream
prior to the sampling point, the industrial user shall measure the
flows and concentrations necessary to allow use of the combined waste
stream formula of § NR 211.12, Wis. Admin. Code, to evaluate
compliance with the pretreatment standards.
[d]
Representative historical data may be used in the
initial baseline report prior to approval by the Control Authority.
[e]
Users shall report the time, date, and place of
sampling and method of analysis, and shall certify that sampling and
analysis are representative of normal work cycles and expected pollutant
discharges to the sewerage system.
(c)
Alternative sampling techniques may be used if they result in
samples that are representative of the user's discharge and are
approved by the Control Authority.
C.
Analysis.
(1)
Analysis of the samples required by this chapter shall be performed
in accordance with Ch. NR 219, Wis. Admin. Code, 40 CFR 136 or other
methods approved by the Department or contained in the EPA publication,
"Sampling and Analysis Procedures for Screening of Industrial Effluents
for Priority Pollutants," current edition and amendments thereto.
Laboratory test results for radiological samples submitted by the
user to the Control Authority shall be performed by a laboratory approved
by the Department of Agriculture, Trade and Consumer Protection. Other
laboratory test results submitted by the user to the Control Authority
shall be performed by a laboratory certified or registered under Ch.
NR 149, Wis. Admin. Code. The following tests are excluded from this
requirement:
A.
Notice of intent.
(1)
At least 60 days before commencing or changing a discharge, the following
persons shall submit a notice of intent with the City:
(a)
A person proposing to discharge any nondomestic wastewater not
previously reported to the City;
(b)
A person taking possession or control of an existing facility
that discharges or may discharge process wastewater into the sewerage
system;
(c)
A person constructing a new facility that will discharge process
wastewater into the sewerage system;
(d)
A person changing or experiencing a change in the physical size
or operations at a facility to the extent that wastewater volume or
content is substantially changed. Examples of a substantial change
include, but are not limited to, the following:
[1]
A fifty-percent or greater change in daily average volume by
a user who currently discharges 25,000 gallons per day or less.
[2]
A ten-percent or greater change in daily average volume by a
user who currently discharges greater than 25,000 gallons per day.
[3]
A discharge which exceeds 1.2 times the average twenty-four-hour
concentration or flow for a period greater than seven days.
[4]
Any change in long-term production rates or wastewater flow
rates of 20% or more.
[5]
Any change that could either result in or increase the potential
for a slug discharge. Such change could result in the need for a slug
discharge control plan as defined in § NR 211.235(4), Wis.
Adm. Code.
(e)
A person commencing or modifying a discharge of hazardous wastes that requires reporting under Subsection G.
(f)
A person otherwise required by this chapter to report under
this section.
(2)
The notice of intent shall:
(3)
The Control Authority shall evaluate the completed notice of intent
and other relevant information and shall notify the user as soon as
practicable of any conditions or restrictions to be imposed upon the
proposed discharge and shall modify any existing wastewater discharge
permit accordingly.
(4)
No user may increase an existing discharge or begin a new discharge
that is subject to this section until the user has received approval
to discharge from the Control Authority.
B.
Baseline monitoring report.
(1)
Existing users discharging wastewater subject to a National Categorical Pretreatment Standard shall submit to the Control Authority a baseline monitoring report within 180 days after the promulgation of the National Categorical Pretreatment Standard. This report shall include all of the information required by Subsection B(3).
(2)
New sources subject to National Categorical Pretreatment Standards and existing sources that become users after the promulgation of an applicable pretreatment standard shall submit to the Control Authority a baseline monitoring report at least 90 days before the commencement of discharge. This report shall contain the information required by Subsection B(3)(a) to (f). New sources shall also discuss the method of pretreatment the source intends to use. New sources shall estimate the information required in Subsection B(3)(e) and (f).
(3)
Baseline monitoring reports shall include the following information:
(a)
The name, address, and location of the user and the names of
the owners and operators;
(b)
A list of environmental control permits held by or for the facility;
(c)
A description of production processes and products, the rate
of production, and the standard industrial classification, and a schematic
diagram of the facility that indicates where processes regulated by
a National Categorical Pretreatment Standard discharge to the sewerage
system;
(d)
The applicable National Categorical Pretreatment Standards and
requirements;
(e)
The average and maximum flows to the sewerage system from each process regulated by a National Categorical Pretreatment Standard and from any other stream used in the combined waste stream limits analysis set forth in § 639-25D. Reported flows shall be based on actual measurements except where the Wastewater Superintendent finds that cost or accessibility considerations justify the use of estimated flows based on verifiable techniques;
(f)
Sampling and analysis of all process wastewater subject to pretreatment
categorical standards shall be in accordance with requirements in
NR 211.15(1), Wis. Adm. Code.
[1]
Except as provided in Subsection B (3)(f)[2], the results of such sampling and analysis shall identify the nature and concentration or mass of regulated pollutants in the discharge from each regulated process. Both a daily maximum and a monthly, four-day or thirty-day average values shall be reported;
[2]
Representative historical data may be used if approved by the
Control Authority;
[3]
Reports shall include the time, date and place of sampling and
the method of analysis;
(g)
A certification that the reported data is representative of
normal work cycles and discharges to the sewerage system;
(h)
A discussion of whether the applicable pretreatment standards
and requirements are being met on a consistent basis. If the applicable
pretreatment standards and requirements are not being met, the report
shall include a discussion of the changes to operations, maintenance
procedures, or equipment necessary to achieve compliance, including
pollution prevention and waste minimization opportunities;
(i)
If changes to operations, maintenance procedures, or equipment
are needed to achieve compliance, the report shall include the shortest
possible implementation schedule. The completion date may not be after
the compliance date for the applicable National Categorical Pretreatment
Standard. The schedule shall specify the dates of commencement and
completion of major events. The time between any two major events
shall be less than nine months; and
(j)
Any other information required by the City.
C.
Progress reports.
(1)
Within 14 days after any of the dates in a schedule required by Subsection B, the user shall submit to the Control Authority a written progress report. At a minimum, this report shall state whether the required event was completed by the specified date. If the required event is not completed, the report shall give the reason for the delay, the efforts made to return to the schedule, and the date when the required event will be completed.
D.
Ninety-day compliance date report.
(1)
Within 90 days following the date for final compliance by the user with applicable pretreatment standards set forth in this chapter or 90 days following commencement of the wastewater discharge into the sewerage system by a new user or an existing user that became an industrial user subsequent to the compliance date of an applicable pretreatment standard, any user subject to this chapter shall submit to the Wastewater Superintendent a report that includes the information required by Subsection B. If a user is subject to equivalent mass or concentration limits calculated according to § 639-25B, then the user shall include a reasonable measure of the industrial user's long-term production rate. If a User's National Categorical Pretreatment Standards are expressed in production based standards or another measure of operation, this report shall include the user's actual production during the sampling period.
E.
Baseline, progress, and ninety-day reports from significant industrial users not subject to National Categorical Pretreatment Standards. If a user is not subject to National Categorical Pretreatment Standards, but the Control Authority has designated that user as a significant industrial user according to § 639-20, the Control Authority may require the user to submit reports substantially similar to the baseline monitoring reports required by Subsection B, the progress reports required by Subsection C, or the ninety-day reports required by Subsection D. The Control Authority may adjust its requirements for these reports according to the circumstances of the user.
F.
Periodic compliance reports.
(1)
Any user with a wastewater discharge permit shall submit to the Control
Authority periodic compliance reports for the periods of January 1
to June 30 and July 1 to December 31 each year or as otherwise required
in the user's wastewater discharge permit. The reports are due
14 days following the last day of the reporting period.
(2)
Periodic compliance reports shall include all of the information
required by the user's wastewater discharge permit. At a minimum,
these reports shall include:
(a)
The name, mailing address, and street address of the user;
(b)
The wastewater discharge permit number;
(c)
Self-monitoring information according to the requirements of § 639-30B and the user's wastewater discharge permit, such as analytical results, sample type, sample date, and sample location.
[1]
Users shall include in the report analytical results from samples
collected independently from any Control Authority sampling at the
user's facilities.
[2]
For industrial users subject to equivalent mass or concentration limits established by the Control Authority according to § 639-25B, this report shall contain a reasonable measure of the industrial user's long-term production rate.
[3]
For industrial users subject to National Categorical Pretreatment
Standards expressed in terms of allowable pollutant discharge per
unit of production or other measure of operation, this report shall
include the industrial user's actual production or other measure
of operation during the reporting period.
(3)
If a user stores, uses, or creates a pollutant prohibited by § 639-11, the user shall make appropriate modifications to the certification set forth in Subsection N. In addition, the periodic compliance report shall include either sample results for the pollutant or the following certification:
My facility has developed a management plan for [pollutant]
to prevent the discharge of [pollutant] to the sewerage system. This
management plan is being fully and effectively implemented. I have
no reason to believe that [pollutant] is discharged by my facility
to the sewerage system.
(4)
If a user monitors any pollutant more frequently than required by
the City, using the sampling and analysis procedures required by this
chapter, then the user shall include the results of that monitoring
in the periodic compliance report.
(5)
For any user with wastewater subject to National Categorical Pretreatment
Standards that have been shipped off-site for disposal, periodic compliance
reports shall include the category, manufacturing process, volume,
destination, and hauler.
(6)
Users shall report sample results before the last day of the month
following the month in which the sample was collected or as otherwise
required by their permit.
G.
Hazardous waste strictly prohibited, laws adopted and reports required.
(1)
Except as otherwise specifically provided in this chapter, the provisions
in §§ NR 660 and 661 Wis. Adm. Code, inclusive of any
provisions therein relating to hazardous waste laws, are adopted and
by reference made a part of this chapter as if fully set forth herein.
Any act required to be performed or prohibited by any statute or rule
incorporated herein by reference is required or prohibited by this
chapter. Any future amendments, revisions or modifications of the
statutes or rules incorporated herein are made part of this chapter.
(2)
A user shall submit a hazardous waste report to the EPA Region 5,
the Department Bureau of Waste Management, and the Control Authority
if the user discharges any of the following to the sewerage system:
H.
Report of noncompliance and resampling.
(1)
If sampling performed by an industrial user indicates a violation,
the user shall:
(a)
Notify the Control Authority at 1-920-579-0893 and/or 1-920-517-6991
(24 hours per day/seven days per week) within 24 hours of becoming
aware of the violation.
(b)
Provide a written report with the sample results to the Control
Authority within five days after becoming aware of the violation.
(c)
Unless otherwise required by the Control Authority, repeat the
sampling and analysis and submit the results of the repeat analysis
to the Control Authority within 30 days after becoming aware of the
violation, unless the Control Authority regularly performs sampling
at the industrial user at least once per month or performed sampling
at the industrial user between the time of the industrial user's
initial sampling and the time when the industrial user received the
results of the initial sample.
(d)
Where the Control Authority has performed the original sampling and analysis in lieu of the industrial user as allowed in Subsection H(1)(c), the Control Authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.
I.
Reporting of operating upsets, spills, slugs or other emergencies.
(1)
Industrial users shall immediately contact the Control Authority
at 1-920-579-0893 and/or 1-920-517-6991 (24 hours per day/seven days
per week) to give notice of an upset, spill, or other slug that has
a reasonable potential to cause a violation of any applicable pretreatment
standard or requirement. If necessary, the user shall also contact
the Fire Department.
(2)
Within five days of an operating upset, spill, slug or other emergency,
the user shall file a written report including the following information:
(3)
Notification under this section shall not relieve the user of any
expense, loss, damage or other liability which may be incurred as
a result of damage to the sewerage system, the receiving waters, fish
kills or any other damage to person or property, nor shall notification
relieve the user of any fines, civil penalties or other liability
which may be imposed by this chapter or other applicable law.
J.
Report of changes in discharge. Users shall report any substantial change in the volume or character of their discharge, including, but not limited to, changes in the user's production levels in accordance with the requirements and procedures in Subsection A.
K.
NR 101 Monitoring Reports. If a user is required by the Department
to file NR 101 Wis. Adm. Code, Annual Monitoring Reports for wastewater
discharges, then the user shall:
L.
Proposed pretreatment facilities.
(1)
Any user planning to install or modify pretreatment facilities or operations to comply with a National Categorical Pretreatment Standard or other pretreatment standard, including the requirements set forth in § 639-15, a permit condition, or an order of the Control Authority, the user shall provide the Control Authority with plans, specifications, and operating procedures for the proposed facilities. The Control Authority may approve, conditionally approve, or disapprove the plans, specifications, and operating procedures. A user shall not begin discharging from the treatment facilities until the user has satisfied the requirements of the Control Authority and the Department.
(2)
The Department has separate requirements for the review of plans,
specifications, and operating procedures of proposed pretreatment
facilities. The user shall comply with these requirements before commencing
discharges to the sewerage system.
(3)
The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the Control Authority
or the state under the provisions of this chapter. Any subsequent
changes in the pretreatment facilities or method of operation shall
be reported to and be acceptable to the Control Authority prior to
the user's initiation of the changes.
N.
Certification statement. All wastewater discharge permit applications, reports required by Subsections A to M and any other certifications required by this chapter shall contain the following certification statement and be signed by a representative of the industrial user in accordance with Subsection O:
"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."
O.
Signature requirements.
(2)
If the user submitting a report is a corporation, the report shall
be signed by one of the following persons:
(a)
President;
(b)
Secretary;
(c)
Treasurer;
(d)
Vice President in charge of a principal business function;
(e)
A person who performs similar policy-making functions for the
corporation;
(f)
The manager of one or more manufacturing facilities provided
the manager is authorized to make decisions which govern the operation
of the facility, make major capital investment recommendations, initiate
and direct comprehensive measures to assure long-term compliance with
environmental laws, can ensure the necessary systems are established
to gather complete and accurate information for the report and where
authority to sign documents has been assigned or delegated to the
manager according to corporate procedures; or
(3)
If the user submitting the reports is a partnership, the reports shall be signed by a general partner or a representative authorized according to Subsection O(5).
(4)
If the user submitting the reports is a sole proprietorship, the reports shall be signed by the proprietor or a representative authorized according to Subsection O(5).
(5)
A representative may sign a report if:
(c)
The authorization specifies either an individual or a position
having responsibility for the overall operation of the user or having
overall responsibility for environmental matters for the user; and
(d)
The written authorization is submitted to the City. If the authorization
submitted according to this subsection becomes inaccurate, the user
shall submit a new authorization before or together with the next
report.
P.
Record keeping requirements.
(1)
For each sample taken to satisfy the requirements of this chapter,
users shall record the following information:
(a)
The date, exact place, method and time of the sampling;
(b)
The type of sample;
(c)
The names of the person taking the sample, the person doing
the analysis, and the laboratory where the analysis was done;
(d)
The dates the analyses were performed;
(e)
The analytical techniques used; and
(f)
The results of all required analyses.
(2)
Users shall retain and preserve for no less than five years all records
relating to monitoring, sampling, and chemical analyses made by or
on behalf of the user. If a record pertains to matters that are the
subject of an order, litigation, or other enforcement action, then
the user shall retain and preserve the record until all enforcement
activities have concluded and all periods of limitations for appeals
have expired. Users shall make these records available upon request
to the Control Authority for inspection and copying.
(3)
All records relating to compliance with National Categorical Pretreatment
Standards shall be made available to officials of the EPA or the DNR
upon request.
(4)
All records relating to BMPs utilized by the user shall be kept on
record for a period of three years and made available to officials
of the EPA or the DNR upon request.
Q.
Confidentiality of records.
(1)
Information and data furnished to the Control Authority shall be
available to the public or other governmental agency without restrictions,
in accordance with § 19.35, Wis. Stats., unless the user
specifically requests and is able to demonstrate, pursuant to § 283.55(2),
Wis. Stats., and § NR 211.26, Wis. Admin. Code, to the satisfaction
of the Wastewater Superintendent in consultation with the City Attorney
or his or her designee that the release of such information would
divulge information, processes or methods of production entitled to
protection as trade secrets of the user.
(3)
The full report may be made available to governmental agencies for
uses related to this chapter, including the City's WPDES permit
and/or the pretreatment programs, and shall be available for use by
the state or any state agency in judicial review or enforcement proceedings
involving the user furnishing the report.
(4)
Effluent data submitted to the Control Authority shall not be recognized
as confidential information under this section.
(5)
Unless otherwise required by the state or federal authorities, information
accepted by the Wastewater Superintendent as confidential will not
be transmitted to any governmental agency or to the general public
by the Wastewater Superintendent without notification to the user.
