Section 208.06. CMAR review and responses.

 

(1)   Owner review.

(a) The owner of the wastewater treatment works shall review and complete all applicable CMAR sections. The owner submitting a CMAR under this chapter shall provide a response for individual CMAR sections when required pursuant to table 1 and this section.

(b) Sanitary sewer collection system owners shall review the total number of sanitary sewer overflow occurrences and sewage treatment facility overflow occurrences for the year as reported under s. NR 210.21 (4) and, if overflows are reported, provide a response of actions taken or underway to reduce or eliminate such occurrences in the future.

(2)   Department review. The department shall review the CMAR information, points and scores generated, the grades of each section and the grade point average contained in the CMAR for accuracy and completeness. In case of error, the department shall make any corrections to the information, points and grades, as appropriate, and notify the owner with an explanation. All owners shall be notified of point or grading revisions as part of the department response. The department shall provide a response to the CMAR and any information submitted under this chapter by August 31 of the year in which the CMAR was received or within 60 days of receipt, whichever is later.

(3)   Owner and department responses for individual section grades.

(a) Voluntary response ranges (A or B grades ). For any CMAR section receiving a grade of A or B, the owner may provide information on improving treatment works or collection system management and performance. This information may be included in the CMAR resolution. The department may provide a response to any recommendations or information provided under this paragraph.

(b) Recommendation response range (C grade). For any CMAR section receiving a grade of C, the owner shall recommend steps or actions that have been or may be taken to address problems or deficiencies identified in that CMAR section. These recommendations shall be included in the CMAR resolution. The department shall provide a response to any recommendations or information provided under this paragraph.

(c) Action response ranges (D or F grades). For any CMAR section resulting in a grade of D or F, the owner shall submit an action response plan. The action response plan shall be included in the CMAR resolution and shall state what actions will be taken to address and correct problems identified in that CMAR section. The department shall provide a response to the action response plan and other information provided under this paragraph.

(4)   Owner and department responses for cmar grade point average.

(a) Voluntary response range (3.00-4.00 GPA). For CMAR grade point averages of 3.00-4.00, the owner may evaluate and implement steps to address any problems or deficiencies identified in the CMAR. This information may be included in the CMAR resolution. The owner may initiate planning for new, improved, upgraded or additional treatment facilities. The department shall provide a response to the CMAR grade point average and any recommendations or information provided under this paragraph.

(b) Recommendation response range (2.00-2.99 GPA). For CMAR grade point averages of 2.00-2.99, the owner shall recommend steps or actions that have been or may be taken to address problems or deficiencies identified in the CMAR. These recommendations shall be included in the CMAR resolution. The department may recommend that the owner develop an operation and needs review (ONR). Alternatively, the department may recommend that the owner undertake specific actions to maintain compliance. A facilities plan shall be recommended by the owner or the department if an ONR indicates the existing treatment works is not capable of providing adequate wastewater conveyance and treatment any time within the next 5 years. The department shall provide a response to any recommendation made under this paragraph.

(c) Action response range (< 2.00 GPA) . For CMAR grade point averages less than 2.00, the owner shall provide the department with a plan that describes actions the owner will take to address the problems that resulted in the low grade point average. The action response plan shall be included in the CMAR resolution and shall state what actions have been or will be taken to address and correct problems identified. The department may require the owner to complete an operation and needs review or a facilities plan under ch. NR 110 within a time period which the department prescribes. A facilities plan shall be required if the department determines that consistent future compliance with permit limitations and conditions will not result from improved system operation and maintenance or that growth within areas served by the owner's sewerage system jeopardizes future compliance. An implementation schedule shall be submitted by the owner as a part of the operations and needs review or facilities plan. The department shall provide a response to the CMAR and action plan made under this paragraph.

(5)   Owner response requirements. The following general requirements shall be followed in implementing the response actions described in this subsection:

(a) Action response plans. An action response plan shall contain and specify the corrective actions that shall be taken such as, but not limited to, operational changes, operation and needs reviews, facility planning, engineering studies, improvements, upgrading or new facility. The owner shall submit an implementation schedule as part of the action response plan.

(b) Operations and needs review (ONR). The ONR shall evaluate the ability of the treatment works to maintain compliance with effluent limits and WPDES permit conditions over the next 5 years including anticipated increases in discharges due to residential, commercial and industrial growth within the owner's sewer service area. The ONR may recommend operational changes, minor upgrading of treatment works or that the treatment works prepare a facilities plan. The owner shall submit an implementation schedule as part of the ONR.

(c) Facilities plan. The scope of the facilities plan, if required under sub. (4) (c) , shall be based on the CMAR section grades and overall grade point average for the treatment works. The facilities plan shall meet the requirements of s. NR 110.08 . The owner shall submit an implementation schedule as a part of the facilities plan.

(6)   Wpdes permit actions. The department may modify, reissue or revoke and reissue the owner's WPDES permit to include the necessary actions or recommendations identified under subs. (3) (b) and (c) and (4) (b) and (c) with a compliance schedule to implement the actions or recommendations.

(7)   Other actions. Compliance with the requirements of this chapter does not preclude the department from taking any other actions, including enforcement, necessary to ensure the permittee's compliance with a WPDES permit, ch. 283 , Stats. , or any other applicable laws and regulations.

History: CR 04-022 : cr. Register November 2004 No. 587 , eff. 1-1-05; CR 12-027 : renum. (1) to (1) (a), cr. (1) (b) Register July 2013 No. 691 , eff. 8-1-13.