Section NR 211.18 - Defenses(1) In any action brought for violation of s. NR 211.10(1) or (2) (c), (d), (e), (f) or (g), an industrial user shall have an affirmative defense if the industrial user demonstrates that: (a) The industrial user did not know or have reason to know that its discharge, alone or in conjunction with the discharge or discharges from other sources, would cause pass through or interference; and(b)1. A local limit designed to prevent pass through or interference was developed in accordance with s. NR 211.10(3) (a) for each pollutant in the user's discharge which caused pass through or interference and the industrial user was in compliance with each local limit prior to and during the pass through or interference; or2. If a local limit designed to prevent pass through or interference has not been developed in accordance with s. NR 211.10(3) (a) for the pollutant or pollutants which caused the pass through or interference, the industrial user's discharge immediately prior to and during the pass through or interference did not substantially change in nature or constituents from the industrial user's prior discharge activity when the POTW was regularly in compliance with the POTW's WPDES permit requirements and, in case of interference, applicable requirements for sewage sludge use or disposal.(2) In any action brought for noncompliance with categorical pretreatment standards, an industrial user shall have an affirmative defense if the industrial user demonstrates all of the requirements of pars. (a) to (d) by properly signed contemporaneous operating logs or other evidence. (a) The noncompliance was exceptional, unintentional, temporary and beyond the reasonable control of the industrial user;(b) The industrial user demonstrates that the noncompliance was not caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation;(c) The industrial user identifies the causes of the noncompliance; and(d)1. The industrial user has provided the information listed in subd. 1. a. to c. to the control authority within 24 hours of becoming aware of the noncompliance. a. A description of the discharge and the cause of noncompliance;b. The exact date and time period of noncompliance or, if not yet corrected, the anticipated time noncompliance is expected to end;c. The steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.2. If this information is provided orally, a written submission to the control authority shall be made within 5 days.Wis. Admin. Code Department of Natural Resources § NR 211.18
Cr. Register, March, 1992, No. 435, eff. 4-1-92.