Section 211.30. Pretreatment program approval and removal credit authorization.

 

(1)  Upon receipt of a request from a POTW for pretreatment program approval or removal credit authorization, the department shall perform an initial review to determine the completeness of the submittal. The department shall complete its initial review and inform the POTW whether the submission is sufficient within 60 days. If the submittal is not complete, the department shall notify the POTW of the deficiencies and shall suspend review until the submittal is complete.

(2)  Within 20 days after making the initial determination that the POTW submittal meets the requirements of ss. NR 211.22 to 211.26 for pretreatment program approval, or s. NR 211.13 for removal credit authorization, the department shall publish a public notice of receipt of the request or authorization. The notice shall provide an opportunity for the POTW or any interested person to submit written comments or to request a public hearing under s. 283.49 , Stats., with respect to the submittal. The public notice shall provide a period of not less than 30 days following the date of public notice during which time written comments and requests for public hearing shall be filed. All written comments received during this time shall be considered in determining whether or not to approve the POTW's request. The comment period may be extended at the department's discretion.

(3)  The department shall hold a hearing if the requirements of s. 283.49 , Stats., are met. Public notice of the hearing shall be provided under s. 283.49 , Stats.

(4)  The department shall have 90 days from the date of public notice of receipt of any request for approval or authorization submitted in compliance with the requirements of s. NR 211.24 for pretreatment program approval and s. NR 211.13 for removal credit authorization, to review the request for compliance with the requirements of ss. NR 211.22 through 211.26 and s. NR 211.13 . The department may have up to 90 days more to complete its review if the comment period provided for in sub. (2) is extended beyond 30 days or if a public hearing is held under s. 283.49 , Stats. In no event shall the total time for evaluation exceed 180 days from the date of public notice of receipt of a request for approval or authorization.

(5)  At the end of this evaluation and comment period the department shall either approve or disapprove the request for approval or authorization. The department shall publish a notice of determination to approve or disapprove the pretreatment program or removal credit authorization and shall mail copies of the notice to the POTW and to each person who submitted a written comment or participated in the public hearing or who requested a copy of the notice. If the pretreatment program is not approved or if the removal credit authorization is not granted, the notice of disapproval or denial shall state the modifications and revisions necessary to bring the pretreatment program or removal credit request into compliance with applicable requirements.

(6)  The department shall make implementation of an approved pretreatment program an enforceable condition in the POTW's WPDES permit.

(7)  

(a) The department shall use the procedures in par. (b) for approval of any of the following substantial pretreatment program modifications:

1. Modifications that relax POTW legal authorities, as outlined in s. NR 211.22 , except for modifications that directly reflect a revision to this chapter or to other state or federal pretreatment requirements and are reported under par. (c) ;

2. Modifications that relax local limits, except for pH and reallocations of maximum allowable industrial loadings that do not increase the total industrial loadings of a pollutant and are reported under par. (c) ;

3. Changes to the POTW's control mechanism;

4. A decrease in the frequency of self-monitoring or reporting required of industrial users;

5. A decrease in the frequency of industrial user inspections or sampling by the POTW;

6. Changes to the POTW's confidentiality procedures; and

7. Other modifications designated as substantial by the department on the basis that the modification could have a significant impact on the operation of the POTW's pretreatment program, result in an increase in pollutant loadings at the POTW or result in less stringent requirements being imposed on industrial users of the POTW.

(b) The department shall approve or disapprove the modifications listed in par. (a) using the procedures in subs. (1) to (5) except as provided in subds. 1. and 2. The modification shall become effective upon approval by the department.

1. The department need not publish a notice of decision under sub. (5) provided:

a. The notice of request for approval under sub. (2) states that that the request will be approved if no comments are received by the date specified in the notice;

b. No substantive comments are received; and

c. The request is approved without change.

2. Notices required by subs. (2) and (5) may be performed by the POTW provided that the department finds that the notice otherwise satisfies the requirements of those subsections.

(c) For modifications not listed in par. (a) and that are not considered substantial the following procedures will be used.

1. The POTW shall notify the department of any non-substantial modifications at least 45 days prior to implementation in a statement as described in s. NR 211.27 .

2. Within 45 days after receipt of the POTW's statement the department shall notify the POTW of its decision to approve or disapprove the non-substantial modification or to treat the modification as substantial under par. (a) . If the department does not notify the POTW within 45 days of its decision, the POTW may implement the modification.

(d) After approval by the department, the modification shall be incorporated into the POTW's WPDES permit.

History: Cr. Register, July, 1983, No. 331 , eff. 8-1-83; am. Register, September, 1986, No. 369 , eff 10-1-86; am. (1) and (2), cr. (6) and (7), Register, March, 1992, No. 435 , eff. 4-1-92; CR 13-006 : r. and recr. (7) Register January 2014 No. 697 , eff. 2-1-14.