Section 110.05. Sewer extensions.

 

(1)   Purpose. The purpose of this section is to insure that department approval of applications for sanitary sewer extensions are consistent with and enhance the policy of the state to restore and maintain the chemical, physical and biological integrity of its waters to protect public health, safeguard fish and aquatic life and scenic and ecological values and enhance the domestic, municipal, recreational, industrial, agricultural and other uses of water.

(3)   Permissive approvals related to permitted effluent limitations.

(a) Unless an approval would be contrary to the purpose of this section, applications for sanitary sewer extensions that comply with all applicable requirements of this chapter shall be approved if the sewer will be tributary to a sewage treatment facility in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in its WPDES permit.

(b) In the event that the WPDES permit for a sewage treatment facility currently discharging an effluent in accordance with ch. NR 210 establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations for biochemical oxygen demand and total suspended solids applicable to such treatment facility, compliance with the schedule of compliance in the discharge permit will be deemed to be compliance with the applicable water quality related effluent limitations.

(c) In determining whether a discharged effluent is in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD) and total suspended solids contained in a WPDES permit, the following procedure shall apply:

1. Compliance shall be determined by department review of the previous 12 months of discharge monitoring data. If 12 months of data are not available, the review shall be based on the data that are available.

2. More than a total of 3 months of violations of the monthly average limitations for either BOD or total suspended solids or both in the previous 12 months (or the equivalent ratio for the number of months of data available) shall cause denial, subject to the following additional considerations:

a. Recognition of the inherent inaccuracy of the BOD and total suspended solids tests shall be given by multiplying the monthly average effluent limitations as specified in the permit by a factor of 1.3 for BOD and 1.2 for total suspended solids for purposes of determining whether monthly average effluent results are in compliance.

b. The department may grant approval if it determines that, due to a demonstrable action by the permittee, the sewage treatment facility has been in compliance for four or more consecutive months, thus demonstrating a trend toward better operation.

c. The department may grant approval in those instances where the permittee demonstrates that noncompliance with the effluent limitations has been caused by algae growth in a sewage treatment facility utilizing lagoons as the principal treatment process.

d. The department may grant approval if it determines that noncompliance with the effluent limitations has been caused by operating difficulties associated with startup for those sewage treatment facilities which have recently been constructed or undergone major modification or expansion. The period described as startup may be no longer than 12 consecutive months.

(4)   Denial related to permitted effluent limitations.

(a) Taking into account the factors in sub. (3) (c) , applications for sanitary sewer extensions shall be denied if the sewer will be tributary to a sewage treatment facility not in compliance with the monthly average effluent limitations for biochemical oxygen demand (BOD 5 ) and total suspended solids contained in its WPDES permit.

(b) If the WPDES permit for a sewage treatment facility establishes a compliance schedule for achievement of any more stringent water quality related effluent limitations for biochemical oxygen demand and total suspended solids applicable to such treatment plant, compliance with the schedule of compliance in the discharge permit shall be deemed to be compliance with the applicable water quality related effluent limitations.

(5)   Exceptions. Sewer extensions otherwise prohibited by sub. (4) may be granted by the department upon the determination of any of the following:

(a) That construction of the subdivision, commercial establishment, institutional facility or industrial plant had commenced prior to May 24, 1976, as evidenced by the issuance of a building permit;

(b) That the area to be served was developed prior to May 24, 1976, and that the sewer extension will eliminate use of existing private sewage systems which pose a threat to the public health or safety, provided that connections to the sewer are allowed only for the existing development;

(d) That the proposed extension is a modification of a sewer extension previously approved by the department, providing that the modification results in no increase in the anticipated waste discharge to the sewer system;

(e) That the facilities to be served are intended primarily to provide educational, humanitarian, or charitable community services;

(f) That the program, time schedule, and the commitment to proceed are established in a court-approved stipulation, order, or judgment.

(6)   Connection restrictions. As a condition of any approval granted under sub. (5) , the department may require that an applicant for a sewer extension restrict the number of connections made to the sewer system in accordance with a prescribed schedule.

History: Cr. Register, November, 1974, No. 227 , eff. 12-1-74; emerg. r. and recr. eff. 5-24-76; r. and recr. Register, September, 1976, No. 249 , eff. 10-1-76; am. (3) (b) and (4) (b), Register, April, 1980, No. 292 , eff. 5-1-80; am. Register, August, 1981, No. 308 , eff. 9-1-81; am. (4), r. (7), renum. (8) to be (7), Register, June, 1982, No. 318 , eff. 7-1-82; emerg. cr. (5) (g), eff. 4-15-83; cr. (5) (g) Register, September, 1983, No. 333 , eff. 10-1-83; corrections in (2) (c) and (g) were made under s. 13.93 (2m) (b) 7., Stats., Register, May, 2001, No. 545 ; CR 09-123 : am. (2) (c), (5) (c) and (6), r. and recr. (4), r. (5) (g) Register July 2010 No. 655 , eff. 8-1-10; CR 12-027 : r. (2), am. (3), (4), r. (5) (c), r. (7) Register July 2013 No. 691 , eff. 8-1-13.