Section 213.06. Exemptions from ch. NR 213.

 

(1)  The department may allow exemptions from the design standards and material requirements described in this chapter if the owner or operator can demonstrate that such design standards and material requirements are more stringent than necessary to comply with the provisions of ch. NR 140 and chs. 160 and 283 , Stats. The owner or operator shall justify such an exemption from the design standards and material requirements of this chapter by demonstrating that the alternative design will comply with the following performance criteria:

(a) That pollutant dilution, dispersion or degradation will occur within the design management zone as defined in ch. NR 140 ;

(b) That increases of substances in the groundwater from lagoons, storage structures and treatment structures at the site will be minimized to the extent technically and economically feasible; and

(c) That applicable groundwater and surface water standards will not be exceeded.

(2)  The department shall consider the following factors when reviewing an alternative design in consideration of granting an exemption:

(a) Physical characteristics of the site, such as soil texture, soil permeability, depth to groundwater and depth to and type of bedrock.

(b) Age and condition of an existing structure.

(c) Analytical data from existing groundwater monitoring wells or any that may be installed as part of the demonstration.

(d) The quantity and composition of the materials stored or treated at the facility.

(e) The compatibility between the materials stored or treated and the lining of the storage or treatment unit.

(f) Any other information relevant to the environmental impacts of the facility's operations.

(3)   Submitting an exemption request-new or modified structures. The owner or operator of a new or modified lagoon, storage structure or treatment structure may request an exemption from the design standards and material requirements of this chapter by submitting facts to the department:

(a) In the application for issuance, reissuance or modification of WPDES permit, or

(b) In plans and specifications for a new or expanded lagoon, storage structure or during the 90-day plan approval period as specified in s. 281.41 , Stats., or

(c) During the 30-day public comment period following public notice by the department of intent to issue, reissue or modify a WPDES permit under s. 283.39 , Stats., or

(d) At a public hearing held under s. 283.49 or 283.63 , Stats.

(4)   Submitting an exemption request-existing structures. The owner or operator of a lagoon, storage structure or treatment structure in existence prior to July 1, 1990 may request an exemption from the design standards and material requirements of this chapter. If an exemption is not granted, the department shall propose to issue a new WPDES permit or modify the existing WPDES permit to include a schedule of compliance to achieve the purpose of this chapter.

History: Cr. Register, June, 1990, No. 414 , eff. 7-1-90.