Section NR 101.13 - Wastewater feesAn annual wastewater fee shall be assessed to each facility holding a specific WPDES permit and reporting discharges during the calendar year:
(1) The annual wastewater fee shall consist of the greater of the base fee under sub. (2) or a discharge fee under sub. (3). The effect of this section is to assess fees to each holder of a specific WPDES permit.(2) The base fee shall be $500 for facilities classified as a major permittee or $250 for facilities classified as a minor permittee.(3) The discharge fee shall be the total of fees for individual pollutants determined by multiplying the 5-year rolling average of the product of the effluent quantities from s. NR 101.12(5) times the applicable limit rate determined in accordance with sub. (4), times the adjustment factor. The adjustment factor for municipal dischargers is 2.4510 and for other dischargers is 5.0492. Note: The adjustment factors identified in sub. (3) were calculated and applied to calendar year 1999 fees to satisfy the requirement in s. 299.15(3) (e) 3, Stats.
(4) The limit rate for each month of discharge shall be based on the limit from one of the following: (a) An effluent limit expressed as a concentration for the discharge of a pollutant. The limit rate in dollars per pound for a pollutant is the inverse of the effluent limit when the effluent limit is expressed in units of milligrams per liter. If more than one such limit is in effect for the same pollutant in a permit, the limit which yields the highest limit rate shall be used.(b) A water quality based effluent limit under s. 283.13(5), Stats., and expressed in units of pounds per day for the discharge of a pollutant where no effluent limit under par. (a) is in effect for the same pollutant. A concentration factor expressed in units of milligrams per liter shall be calculated by dividing the mass limit by the product of the industrial annual average discharge flow, or municipal design flow, times 8.34. The limit rate in dollars per pound is the inverse of the concentration factor. If more than one water quality-based mass limit is in effect for the same pollutant in a permit, the mass limit which yields the highest limit rate shall be used for the rate calculation for that pollutant. (c) A categorical effluent limit under s. 283.13(2), Stats., and expressed in units of pounds per day for the discharge of a pollutant where there is no effluent limit under par. (a) for the same pollutant. The limit rate for BOD5 shall be $0.03 per pound, for total suspended solids shall be $0.02 per pound, and for other pollutants shall be a rate calculated as in par. (b) substituting the categorical limit for water quality based effluent limit. (d) Where a water quality based effluent limit and a categorical limit are in effect for the same pollutant in a permit, and there is no effluent limit under par. (a) for the pollutant, the water quality based effluent limit shall be used to calculate the limit rate as in par. (e) An effluent standard based limit under ch. NR 217. The limit rate for phosphorus shall be $0.34 per pound.(f) For groundwater discharges the limit rate shall be calculated as in par. (a), (b) or (c), except that the limit rate for BOD and total suspended solids shall be $0.00 per pound and for nitrogen above the yearly crop nutrient uptake rate shall be $0.10 per pound and for chloride shall be $0.008 per pound. The crop nutrient uptake rate to be used for this paragraph shall be those published in USGS-SCS-Wisconsin Section IV Technical Guide 633 table 207/87. (5) For the purpose of calculating the limit rate, only those limits established under the following authorities may be used: (a) Categorical limits established under s. 283.13(1), (2) or (4), Stats., and chs. NR 220, 210 or 221 to 297.(b) Effluent limits based on a numerical water quality criteria promulgated under ch. NR 105 and for which an effluent limitation has been calculated under ch. NR 106.(c) Effluent limits established in accordance with ch. NR 217.(d) Effluent limits established under subch. IV of ch. NR 106.(e) Effluent limits established to protect groundwater quality based on numeric standards promulgated in ch. NR 140.(6) Where an effluent limit for the discharge of a pollutant is a constituent of another limited pollutant, the most restrictive limit shall be used for the rate calculation.(7) The maximum limit rate for each pollutant shall be $2,500 per pound.(10) The department shall mail statements annually to persons owning or operating facilities required to pay wastewater fees under this section.(11) Wastewater fees payable under this section shall be paid to the department within 30 days of the statement date.(12) The department shall hold at least one public hearing under s. 299.15(5), Stats., in any year where the total number of facilities subject to the provisions of this chapter changes by more than 20% compared with the total from the previous year, or where changes in any limit rate results in fees for a pollutant of more than a 30% of the total fees for that year.Wis. Admin. Code Department of Natural Resources NR 101.13
Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (8), Register, June, 1986, No. 366, eff. 7-1-86; emerg. am. (3) and (4), r. (6), renum. (7) and (8) to be (6) and (7) and am. (6), eff. 2-12-92; r. and recr. Register, February, 1994, No. 458, eff. 3-1-94; am. (2); Register, January, 1998, No. 505, eff. 2-1-98; am. (intro), (1), (3) and (5) (c), cr. (4) (e) and (12), r. (8) and (9), Register, January, 2001, No. 541, eff. 2-1-01; correction in (5) (d) made under s. 13.93(2m) (b) 7, Stats., Register January, 2001, No. 541.