(1) PROHIBITED
OVERFLOWS. Sanitary sewer overflows and sewage treatment facility overflows are
prohibited and may not be approved by the department nor authorized in a permit
issued by the department. If applicable to an overflow event, permittees shall
provide information that will enable the department to determine whether any of
the following conditions exist:
Note: When used without qualification in this chapter, the
word "overflow" includes both sanitary sewer overflow and sewage treatment
facility overflow.
(a) The sanitary
sewer overflow or sewage treatment facility overflow was unavoidable to prevent
loss of life, personal injury, or severe property damage.
(b) There were no feasible alternatives to
the sanitary sewer overflow or sewage treatment facility overflow such as the
use of auxiliary treatment facilities or adequate back-up equipment, retention
of untreated wastes, reduction of inflow and infiltration, or preventative
maintenance activities.
Note: When evaluating feasibility of alternatives, the
department may consider factors such as technical achievability, the
relationship between the control of storm water and the control of infiltration
and inflow into the sewage collection system, costs and affordability of
implementation and risks to public health, the environment, and welfare of the
community served by the sewage collection system.
(c) The sanitary sewer overflow or the sewage
treatment facility overflow was caused by unusual or severe weather related
conditions such as large or successive precipitation events, snowmelt,
saturated soil conditions, or severe weather occurring in the area served by
the sewage collection system or sewage treatment facility.
(d) The sanitary sewer overflow or the sewage
treatment facility overflow was unintentional, temporary, and caused by an
accident or other factors beyond the reasonable control of the
permittee.
(2)
DEPARTMENT RESPONSE. If a prohibited sanitary sewer overflow or sewage
treatment facility overflow occurs, the department may, in addition to the
factors provided in sub. (1), also consider the following factors in any
enforcement action or response:
(a) The
permittee's activities in implementing a capacity, management, operation, and
maintenance (CMOM) program, or a functionally equivalent program, that meets
the requirements in s.
NR 210.23.
(b) The status of preparation of a system
evaluation and capacity assurance plan, or a functionally equivalent plan that
meets the requirements of s.
NR 110.10(4), that may be required under
s.
NR 210.24.
(c) The status of implementation of an
approved system evaluation and capacity assurance plan, or a functionally
equivalent plan that meets the requirements of s.
NR 110.10(4), that may be required under
s.
NR 210.24.
(d) The status of planning or implementation
of specific actions that conform to an approved facilities plan under ss.
NR 110.08,
110.09, and
110.10 and that meet the requirements
of this chapter and s.
NR 205.07(1)
(u).
(e) The status of planning or implementation
of specific actions required by a WPDES permit, or other legally binding
document, to construct or implement projects that will address the cause of the
sanitary sewer overflow or sewage treatment facility overflow.
Note: The department may initiate enforcement action under
s.
283.89, Stats., for
any sanitary sewer overflow or sewage treatment facility overflow.
(3) PERMITTEE RESPONSE
TO OVERFLOWS. Whenever a sanitary sewer overflow or sewage treatment facility
overflow occurs, the permittee shall take all feasible steps to control or
limit the volume of untreated or partially treated wastewater discharged, and
terminate the discharge as soon as practicable. Remedial actions shall be
implemented consistent with an emergency response plan developed under s.
NR 210.23(4) (f). Remedial actions may
include the following:
(a) Interception and
rerouting of untreated or partially treated wastewater around the point of
failure, if that failure is in the sewage collection system.
(b) Use of vacuum trucks or other appropriate
mechanisms to recover as much of the wastewater discharged as possible and
properly dispose of such wastewater and wash down water.
(c) Cleanup of debris at the overflow
site.
(d) Adequate sampling to
determine the amount, characteristics, and impact of the overflow.
(4) PERMITTEE REPORTING.
Permittees shall report all sanitary sewer overflows and sewage treatment
overflows as follows:
(a) The permittee shall
notify the department by telephone, fax, or email as soon as practicable, but
no later than 24 hours from the time the permittee becomes aware of the
overflow.
(b) The permittee shall,
no later than five days from the time the permittee becomes aware of the
overflow, provide to the department the information identified in this
paragraph using department form number 3400-184. If an overflow lasts for more
than five days, an initial report shall be submitted within 5 days as required
in this paragraph and an updated report submitted following cessation of the
overflow. At a minimum, the following information shall be included in the
report:
1. The date and location of the
overflow.
2. The surface water to
which the discharge occurred, if any.
3. The duration of the overflow and an
estimate of the volume of the overflow.
4. A description of the sewer system or
treatment facility component from which the discharge occurred such as manhole,
lift station, constructed overflow pipe, or crack or other opening in a
pipe.
5. The estimated date and
time when the overflow began and stopped or will be stopped.
6. The cause or suspected cause of the
overflow including, if appropriate, precipitation, runoff conditions, areas of
flooding, soil moisture, and other relevant information.
7. Steps taken or planned to reduce,
eliminate and prevent reoccurrence of the overflow and a schedule of major
milestones for those steps.
8. A
description of the actual or potential for human exposure and contact with the
wastewater from the overflow.
9.
Steps taken or planned to mitigate the impacts of the overflow and a schedule
of major milestones for those steps.
10. To the extent known at the time of
reporting, the number and location of building backups caused by excessive flow
or other hydraulic constraints in the sewage collection system that occurred
concurrently with the sanitary sewer overflow and that were within the same
area of the sewage collection system as the sanitary sewer overflow.
11. The reason the overflow occurred or
explanation of other contributing circumstances that resulted in the overflow
event. This includes any information available under sub. (1), including
whether the overflow was unavoidable to prevent loss of life, personal injury,
or severe property damage and whether there were feasible alternatives to the
overflow.
Note: A copy of form 3400-184 for reporting sanitary sewer
overflows and sewage treatment facility overflows may be obtained from the
department or accessed on the department's web site at
http://dnr.wi.gov/topic/wastewater/documents/3400-184_ssoreportform.pdf.As
indicated on the form, additional information may be submitted to supplement
the information required by the form.
(c) The permittee shall identify each
specific location and each day on which a sanitary sewer overflow or sewage
treatment facility overflow occurs as a discrete sanitary sewer overflow or
sewage treatment facility overflow occurrence. An occurrence may be more than
one day if the circumstances causing the sanitary sewer overflow or sewage
treatment facility overflow results in a discharge duration of greater than 24
hours. If there is a stop and restart of the overflow at the same location
within 24 hours and the overflow is caused by the same circumstance, it may be
reported as one occurrence. Sanitary sewer overflow occurrences at a specific
location that are separated by more than 24 hours shall be reported as separate
occurrences.
(d) A permittee that
is required to submit wastewater discharge monitoring reports under s.
NR 205.07(1)
(r) shall also report all sanitary sewer
overflows and sewage treatment facility overflows on that report.
(e) Satellite sewage collection system
permittees shall submit reports required under this subsection to all owners of
sewerage systems which receive wastewater from the satellite sewage collection
system.
(5) PUBLIC
NOTIFICATION. A permittee shall notify the public of any sanitary sewer and
sewage treatment facility overflows consistent with its emergency response plan
required under s.
NR 210.23(4) (f). Such public
notification shall occur promptly following any overflow event using the most
effective and efficient communications available in the community. At minimum,
a daily newspaper of general circulation in the county(s) and municipality
whose waters may be affected by the overflow shall be notified by written or
electronic communication.
(6)
NOTIFICATION OF DRINKING WATER SYSTEM OWNERS. The department may require the
permittee to notify the owner of a drinking water intake located in a surface
water receiving any sanitary sewer overflows and sewage treatment facility
overflows. Such conditions shall be included in the WPDES
permit.