(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; and
2. 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; and
2. 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.
