Section NR 217.17 - Schedules of compliance(1) GENERAL. (a) Except as provided in sub. (4), the department may provide a schedule of compliance for a water quality based phosphorus limitation in a WPDES permit, where based on available information the department finds that: 1. The schedule of compliance will lead to compliance with the water quality based effluent limitation as soon as possible; and2. The schedule of compliance is appropriate and necessary because the permittee cannot immediately achieve compliance with the water quality based effluent limitation based on existing operation of its treatment system. Note: Before any compliance schedule is established in a permit pursuant to this subchapter, the department must make the finding in par (a).
(b) In determining whether a compliance schedule is appropriate and determining the length of the compliance schedule, the department shall consider all of the following factors:1. Whether there is any need for modifications to the treatment facilities, operations or measures to meet the water quality based effluent limitation, and if so, how long it will take to implement the modifications. If the department determines that a permittee only needs to make operational changes to achieve compliance with a limitation, the compliance schedule shall be as brief as possible and only allow time for operational start-up adjustments.2. The amount of time the discharger has already had to meet the water quality based effluent limitation under prior permits.3. The extent to which the discharger has made good faith efforts to comply with the water quality based effluent limitation and other requirements in prior permits, if applicable.4. The extent to which the phosphorus removal process technologies have been developed and proven to be effective.(c) In determining whether a compliance schedule is appropriate and determining the length of the compliance schedule, the department may also consider any of the following factors: 1. Whether there is a need to acquire a substantial amount of property to accommodate the needed modifications; and2. Whether there is a need to develop an extensive financing plan and obtain financing for the proposed treatment plant upgrade. Note: A compliance schedule may be provided for a water quality based effluent limit for phosphorus calculated under s. NR 217.13 and a TMDL based limit for phosphorus.
(2) MAXIMUM COMPLIANCE SCHEDULE PERIOD. Except for situations where filtration or a similar phosphorus removal process is required, any compliance schedule established by the department under sub. (1) may not exceed seven years from the date a permit was first modified or reissued to include a water quality based phosphorus limit calculated under s. NR 217.13. Where compliance with the water quality based phosphorus limit requires the construction of filtration or a similar phosphorus removal process, the department may grant a schedule of compliance not to exceed nine years from the date that the permit is first reissued or modified to include effluent limitations developed under provisions of this subchapter. In cases where a compliance schedule extends beyond five years, the department may revise the schedule at reissuance or pursuant to a permit modification. (3) REQUIREMENTS, LIMITATIONS, DATES, AND REPORTING. When granting a schedule of compliance, the department shall include, as conditions of the permit, the following: (a) Dates for achievement of interim requirements. The time between interim dates may not exceed one year.(b) A sequence of actions or operations that may include, as appropriate, but are not limited to: 1. Development and implementation of a phosphorus discharge optimization plan for the current operation.2. Preparation of preliminary and final designs for new or modified treatment technology.3. Initiation and completion of construction.(c) Interim effluent limitations representing good management and operation for similar treatment processes based on performance of other wastewater treatment facilities that will lead to compliance with the final water quality based effluent limitation.(d) A requirement that no later than 30 days following each interim date and the final date of compliance, the permittee shall notify the department in writing of its compliance or non-compliance with the interim or final requirements, including submittal of progress reports. If any interim requirement will take more than one year to complete, the permit shall also include a projected completion date for the interim requirement.(e) The final water quality based effluent limit for phosphorus calculated pursuant to s. NR 217.13 shall be included in the permit even if the limit is not effective during the permit term. The department may revise the final limit at permit reissuance or pursuant to a permit modification.(f) If the permittee chooses to engage in pollutant trading as a means to achieve compliance with interim limitation or final water quality based effluent limitations, then the terms and conditions related to the trade shall be incorporated into the permit.(4) NEW DISCHARGERS. Any new discharger may not receive a compliance schedule to achieve compliance with a phosphorus water quality based effluent limitation.Wis. Admin. Code Department of Natural Resources § NR 217.17
CR 10-035: cr. Register November 2010 No. 659, eff. 12-1-10.