Section NR 211.22 - Legal authority requirementsWhere the department requires a POTW to develop a pretreatment program under this subchapter, the POTW shall operate under legal authority and include procedures, fully enforceable in federal or state courts, which at a minimum enables the POTW to perform the following functions. These authorities and procedures shall be fully exercised and implemented at all times.
(1) Deny or condition new or increased discharge of pollutants, or changes in the nature of pollutants, discharged to the POTW by industrial users where such discharges do not meet applicable pretreatment standards and requirements or where such discharge causes the POTW to violate its WPDES permit.(2) Require compliance with applicable pretreatment standards and requirements by industrial users.(3) Control through permit, order, or similar means the discharge to the POTW by each industrial user.(4) Require the development by industrial users of the compliance schedules required under s. NR 211.15(1) (g).(5) Require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements.(6) Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by industrial users, whether industrial users are complying with applicable pretreatment standards and requirements. Representatives of the POTW must be authorized to enter any premises of any industrial user in which an effluent source or treatment system is located or in which records are required to be kept, under s. NR 211.15(8), to assure compliance with pretreatment standards and requirements.(7) Obtain remedies, including injunctive relief, for any industrial user's:(a) Noncompliance with any pretreatment standard or requirement;(b) Failure to allow the POTW to enter and to carry out inspections and monitoring activities;(c) Noncompliance with any rule, regulation or order issued by the POTW; or(d) Noncompliance with any reporting requirement imposed by the POTW or by this chapter.(8) Have authority to seek or assess civil or criminal penalties in at least the amount of $1,000 per day for each violation of a pretreatment standard or requirement.(9) After informal notice to the industrial user, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appear to present an imminent danger to the health or welfare of persons.(10) After notice to the industrial user and an opportunity to respond, halt or prevent any discharge to the POTW which endangers or may endanger the environment or which threatens to interfere with the operation of the POTW.(11) Comply with the confidentiality requirements of s. NR 211.26.Wis. Admin. Code Department of Natural Resources § NR 211.22
Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (intro.) and (3), r. and recr. (7), renum. (8) to (10) to be (9) to (11) and am. (10), cr. (8), Register, March, 1992, No. 435, eff. 4-1-92.