HomeMy WebLinkAbout07. 21-516
OCTOBER 26, 2021 21-516 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE SETTLEMENT WITH WISCONSIN DEPARTMENT OF
NATURAL RESOURCES (WDNR) PERTAINING TO WISCONSIN
POLLUTANT DISCHARGE ELIMINATION SYSTEM (WPDES)
PERMIT
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, The City of Oshkosh was issued a Wisconsin Pollutant Discharge
Elimination System (WPDES) permit on December 18, 2018; and
WHEREAS, the City filed a timely request for a hearing on the permit; and
WHEREAS, the parties have reached a tentative settlement of this matter
contingent upon the approval of the Common Council.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to execute and
deliver an agreement substantially in the same form as the attached with the Wisconsin
Department of Natural Resources pertaining to the Wisconsin Pollutant Discharge
Elimination System Permit in resolution of the current contested case hearing between
the parties, any changes in the execution copy being deemed approved by their respective
signatures, and said City officials are authorized and directed to take those steps
necessary to implement the terms and conditions of the Agreement.
TO: Mayor, and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: October 21, 2021
RE: Approve Settlement Agreement with Wisconsin Department of Natural Resources
(WDNR) pertaining to Wisconsin Pollutant Discharge Elimination System
(WPDES) Permit
BACKGROUND
The City is required to have a Wisconsin Pollutant Discharge Elimination System (WPDES)
permit for the Wastewater Treatment Plant through the Wisconsin Department of Natural
Resources (WDNR). WPDES permits are effective for five (5) year terms.
Beginning with the City’s 2013 permit, WDNR sought to impose more stringent phosphorus
Water Quality Based (“WQB”) limits in the City’s WPDES permits. The City analyzed the
feasibility of compliance with the WQB limit and estimated costs to comply with the new limits
and challenged the 2013 permit. The City and WDNR reached a settlement on the 2013-2018
permit in the fall of 2017. The Settlement established the effective interim limit for phosphorus
at a level that was currently achievable for the City with only minor modifications. The settlement
also recognized that WDNR was currently in the process of analyzing and establishing a specific
Total Maximum Daily Load (TMDL) limit for phosphorus in Lake Winnebago which was
anticipated to result in a less stringent limit for phosphorus within the City’s next permit.
On December 18, 2018 the City was issued the current WPDES permit. The 2018 permit contained
the interim limit that had been agreed to in the settlement of the previous permit; but retained
the very stringent final phosphorus WQB limit. The permit also included a compliance schedule
whereby the City would meet certain interim requirements for reporting and plans and final
compliance necessary to achieve that stringent WQB limit.
The City challenged the 2018 permit in February of 2019 and, by agreement with WDNR, the
matter was not set for hearing while the pending TMDL for Lake Winnebago was being finalized.
The TMDL limits were approved on February 27, 2020 and the City’s phosphorus allocation
described in the TMDL is significantly less stringent than the WQB limit contained in the 2018
permit. However, the new TMDL limit will still require effort and expense for the City to reach
compliance. Based upon direction from the Council, staff proceeded with a multi-pronged
approach for compliance with the new less stringent TMDL limit. These efforts included seeking
a settlement of the 2018 WPDES permit challenge incorporating the TMDL limit, evaluation of
various compliance options (e.g. treatment, adaptive management and trading) as well as the
potential for a variance under the State’s Multi-Discharger Variance process.
The Council is being asked to approve a tentative agreement to resolve the contested case hearing
related to the City’s 2018 WPDES permit.
ANALYSIS
The proposed settlement is consistent with direction previously given by the Council. The
proposed settlement establishes the limits for phosphorus consistent with the Lake Winnebago
TMDL which is a level that is achievable for the City with some modifications. City staff is
working with consultants to analyze and determine the best and most cost effective options for
the City to achieve compliance by the final compliance date of January 1, 2025. Staff believes all
interim compliance dates proposed in the new draft permit are achievable.
The Settlement resolves the current permit challenge primarily by making the phosphorus limits
in the City’s permit consistent with the TMDL limit and modifying the City’s compliance
schedule to account for the passage of time during the permit challenge. Under the terms of the
settlement agreement WDNR will issue the City a modified permit consistent with the agreement
of the parties as to the permit limits and compliance schedule. There will be a notice period built
into the issuance of the permit to ensure that neither EPA nor a third party challenges the permit
prior to it becoming finalized. In the absence of a challenge during the Notice Period, the City
will dismiss its request for a hearing and a new modified permit would then be issued which will
maintain the same expiration date for the current permit of December 31, 2023. In the event of a
challenge during the Notice Period, the City reserves the right to reject this settlement and
continue to challenge the permit terms and conditions in its pending hearing request.
The City will continue to analyze the various options pertaining to phosphorus compliance such
as the potential for plant modifications, application for the statewide variance, and options for
adaptive management or water quality trading.
RECOMMENDATION
Staff recommends the approval of the settlement with WDNR for the current permit challenge.
Respectfully Submitted, Approved:
Lynn A. Lorenson John Fitzpatrick,
City Attorney Assistant City Manager /
Director of Administrative Services
SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into between the Wisconsin
Department of Natural Resources (“WDNR”) and the City of Oshkosh (“Oshkosh”) to
resolve a pending contested case challenge brought by Oshkosh.
BACKGROUND
WHEREAS, WDNR issued a Wisconsin Pollution Discharge Elimination System
(“WPDES”) permit No. WI-0025038-09-0 (“Permit”) to Oshkosh that contains a water
quality based effluent limitation (“WQBEL”) for phosphorus;
WHEREAS, section 3.2.1 of the Permit contains an interim phosphorus limit of
0.8 mg/L (“Interim Limit”) and final phosphorus effluent limit of 40 µg/L and 6.7 lb/day
as 6-month averages and 120 µg/L as a monthly average (“Final WQBEL”);
WHEREAS, Oshkosh has challenged the Final WQBEL and the associated
compliance schedule in the Permit in a Wis. Stat. § 283.63 petition filed on February 7,
2019 (the “Permit Challenge”);
WHEREAS, a Total Maximum Daily Load (“TMDL”) study for the Upper Fox
River and Lake Winnebago (“TMDL Study”) has been completed before the Final
WQBEL in the Permit became effective;
WHEREAS, WDNR has proposed to issue a modified permit prior to the effective
date of the Final WQBEL which contains the allocation for Oshkosh contained in the
TMDL Study with an accompanying compliance schedule (the “New Proposed Permit”);
and
WHEREAS, Oshkosh and WDNR have reached an agreement regarding the issues
raised in the petition regarding the Final WQBEL and the associated compliance
schedule;
IT IS HEREBY AGREED:
1. No later than thirty (30) days following the execution of this agreement, WDNR shall
provide public notice, in accordance with Wis. Stat. § 283.39, of a proposed
modification of the Permit (“Public Notice Date”), with terms and conditions as set
forth in Attachment A (“Permit Modification”).
2. The Parties agree that Oshkosh retains its right to request a variance under applicable
law including, in particular, Wis. Stat. §§ 283.15 and 283.16 (“Variance”), prior to the
expiration date of the New Proposed Permit, assuming it becomes final in the form of
Attachment “A”.
3. In the event Oshkosh requests a Variance in accordance with paragraph 2,and it is
determined by WDNR that the City qualifies for the Variance, the fact that the
Variance is approved after filing of the Final Compliance Alternative Plan as required
in the Permit Modification will not prevent Oshkosh from utilizing other alternative
compliance options, such as trading, if the chosen alternative compliance option
complies with applicable legal requirements.
4. If the Permit is modified according to the terms of Attachment A within sixty (60)
days following the Public Notice Date, Oshkosh agrees they will not seek review
pursuant to Wis. Stat. §§ 283.63 or 227.42 of the Permit Modification.
5. Following the public notice and comment period, if the Permit is modified according
to the terms of Attachment A and no timely third party challenge to the Permit
Modification is filed, Oshkosh shall withdraw the Petition for Review and Request for
Contested Case Hearing filed on February 7, 2019 within eighty (80) days after the
notice of final decision of the effective date of the Permit Modification.
6. The parties agree that Oshkosh reserves its right to seek review available in
accordance with applicable law in the following instances:
a. In the event the Permit is not modified according to the terms of Attachment A
within sixty (60) days following the Public Notice Date, Oshkosh reserves the
right, where appropriate, to continue the Permit Challenge.
b. In the event the Permit is modified within sixty (60) days following the Public
Notice Date, but it is not modified in accordance with Attachment A (the
“Nonconforming Permit”), Oshkosh reserves the right to challenge the
Nonconforming Permit and, in such event, the parties agree that the challenged
terms and conditions contained in the Nonconforming Permit, as well as in the
Permit, are stayed pending a final determination in the contested matter (the
“Stayed Conditions”).
c. In the event the Permit is modified in accordance with Attachment A and a
third party challenges the Modified Permit (“Third Party Permit Challenge”) ,
Oshkosh reserves the right to participate in the Third Party Permit Challenge
proceeding and reserves the right to continue the Permit Challenge during the
pendency of the Third Party Permit Challenge and the Stayed Conditions apply
in such an event.
7. This Agreement may be executed and delivered in counterpart signature pages
executed and delivered via facsimile transmission or via email with scan or email
attachment, and any such counterpart executed and delivered via facsimile
transmission or via email with scan or email attachment will be deemed an original.
8. This Agreement shall become effective on the last signature date set forth below.
CITY OF OSHKOSH
By:_____________________________ Date: _________________
Mark A. Rohloff, City Manager
By:_____________________________ Date: _________________
Pamela R. Ubrig, City Clerk
By:_____________________________ Date: _________________
Lynn Lorenson, City Attorney
WISCONSIN DEPARTMENT of NATURAL RESOURCES
By:______________________________ Date: _________________
Todd L. Ambs, Deputy Secretary
for
Preston D. Cole, Secretary
25820276.4
WPDES Permit No. WI-0025038-09-1
ATTACHMENT A
WPDES PERMIT
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
PERMIT TO DISCHARGE UNDER THE WISCONSIN POLLUTANT DISCHARGE
ELIMINATION SYSTEM
City of Oshkosh
is permitted, under the authority of Chapter 283, Wisconsin Statutes, to discharge from a facility
located in Winnebago County at
233 Campbell Rd., Oshkosh, Wisconsin
to
the Fox River (Water Body Identification Code number 117900) and Campbell Creek (Water Body
Identification Code number 139700), in the Lake Butte des Morts Watershed (UF04) of the Upper Fox River
Basin
in accordance with the effluent limitations, monitoring requirements and other conditions set
forth in this permit.
The permittee shall not discharge after the date of expiration. If the permittee wishes to continue to discharge after
this expiration date an application shall be filed for reissuance of this permit, according to Chapter NR 200, Wis.
Adm. Code, at least 180 days prior to the expiration date given below.
State of Wisconsin Department of Natural Resources
For the Secretary
By _________________________
Heidi Schmitt Marquez
Wastewater Field Supervisor
_________________________
Date Permit Signed/Issued for Modification
PERMIT TERM: EFFECTIVE DATE - January 01, 2019 EXPIRATION DATE - December 31, 2023
EFFECTIVE DATE OF MODIFICATION: January 01, 2022
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
ATTACHMENT A
TABLE OF CONTENTS
1 INFLUENT REQUIREMENTS 1
1.1 SAMPLING POINT(S) 1
1.2 MONITORING REQUIREMENTS 1
1.2.1 Sampling Point 701 - Influent 1
2 IN-PLANT REQUIREMENTS 3
2.1 SAMPLING POINT(S) 3
2.2 MONITORING REQUIREMENTS AND LIMITATIONS 3
2.2.1 Sampling Point 105 - Field Blank 3
2.2.2 Sampling Point 199 - In-Plant Diversion 3
3 SURFACE WATER REQUIREMENTS 5
3.1 SAMPLING POINT(S) 5
3.2 MONITORING REQUIREMENTS AND EFFLUENT LIMITATIONS 5
3.2.1 Sampling Point (Outfall) 001 - Effluent 5
3.2.2 Sampling Point (Outfall) 003 - Emergency Effluent Overflow 11
4 LAND APPLICATION REQUIREMENTS 12
4.1 SAMPLING POINT(S) 12
4.2 MONITORING REQUIREMENTS AND LIMITATIONS 12
4.2.1 Sampling Point (Outfall) 002 - Cake sludge 12
5 SCHEDULES 17
5.1 TMDL WATER QUALITY BASED EFFLUENT LIMITS (WQBELS) FOR TOTAL PHOSPHORUS 17
5.2 MERCURY POLLUTANT MINIMIZATION PROGRAM 18
5.3 CERTIFIED COLLECTION SYSTEM OPERATOR 18
6 STANDARD REQUIREMENTS 19
6.1 REPORTING AND MONITORING REQUIREMENTS 19
6.1.1 Monitoring Results 19
6.1.2 Sampling and Testing Procedures 19
6.1.3 Pretreatment Sampling Requirements 19
6.1.4 Recording of Results 20
6.1.5 Reporting of Monitoring Results 20
6.1.6 Compliance Maintenance Annual Reports 20
6.1.7 Records Retention 20
6.1.8 Other Information 21
6.1.9 Reporting Requirements – Alterations or Additions 21
6.2 SYSTEM OPERATING REQUIREMENTS 21
6.2.1 Noncompliance Reporting 21
6.2.2 Flow Meters 22
6.2.3 Raw Grit and Screenings 22
6.2.4 Sludge Management 22
6.2.5 Prohibited Wastes 22
6.2.6 Bypass 22
6.2.7 Scheduled Bypass 23
6.2.8 Controlled Diversions 23
6.2.9 Reporting of Bypassing to Drinking Water Intake Owners 23
6.2.10 Blending 23
6.2.11 Ammonia Limit Not Needed Year-Round - Continue to Optimize Removal of Ammonia 24
6.2.12 Proper Operation and Maintenance 24
6.2.13 Operator Certification 24
6.3 SEWAGE COLLECTION SYSTEMS 25
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
ATTACHMENT A
6.3.1 Sanitary Sewage Overflows and Sewage Treatment Facility Overflows 25
6.3.2 Capacity, Management, Operation and Maintenance (CMOM) Program 26
6.3.3 Sewer Cleaning Debris and Materials 27
6.4 SURFACE WATER REQUIREMENTS 27
6.4.1 Permittee-Determined Limit of Quantitation Incorporated into this Permit 27
6.4.2 Appropriate Formulas for Effluent Calculations 27
6.4.3 Effluent Temperature Requirements 28
6.4.4 Visible Foam or Floating Solids 28
6.4.5 Surface Water Uses and Criteria 28
6.4.6 Percent Removal 28
6.4.7 Fecal Coliforms 28
6.4.8 Year-Round Disinfection 28
6.4.9 Total Residual Chlorine Requirements (When De-Chlorinating Effluent) 29
6.4.10 Whole Effluent Toxicity (WET) Monitoring Requirements 29
6.4.11 Whole Effluent Toxicity (WET) Identification and Reduction 29
6.4.12 Reopener Clause 30
6.5 PRETREATMENT PROGRAM REQUIREMENTS 30
6.5.1 Inventories 30
6.5.2 Regulation of Industrial Users 30
6.5.3 Annual Pretreatment Program Report 31
6.5.4 Pretreatment Program Modifications 32
6.5.5 Program Resources 32
6.6 LAND APPLICATION REQUIREMENTS 32
6.6.1 Sludge Management Program Standards and Requirements Based Upon Federally Promulgated Regulations 32
6.6.2 General Sludge Management Information 32
6.6.3 Sludge Samples 32
6.6.4 Land Application Characteristic Report 32
6.6.5 Calculation of Water Extractable Phosphorus 33
6.6.6 Monitoring and Calculating PCB Concentrations in Sludge 33
6.6.7 Annual Land Application Report 34
6.6.8 Other Methods of Disposal or Distribution Report 34
6.6.9 Approval to Land Apply 34
6.6.10 Soil Analysis Requirements 34
6.6.11 Land Application Site Evaluation 34
6.6.12 Class B Sludge: Anaerobic Digestion 35
6.6.13 Vector Control: Volatile Solids Reduction 35
6.6.14 Class B Sludge - Vector Control: Incorporation 35
6.6.15 Landfilling of Sludge 35
6.6.16 Sludge Landfilling Reports 35
6.6.17 Land Application of Sludge Which Contains Elevated Levels of Radium-226 35
7 SUMMARY OF REPORTS DUE 36
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
1
1 Influent Requirements
1.1 Sampling Point(s)
Sampling Point Designation
Sampling
Point
Number
Sampling Point Location, Waste Type/Sample Contents and Treatment Description (as
applicable)
701 Influent - Representative samples of raw wastewater shall be collected from the influent channel prior to
the bar screens.
1.2 Monitoring Requirements
The permittee shall comply with the following monitoring requirements.
1.2.1 Sampling Point 701 - Influent
Monitoring Requirements and Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Flow Rate MGD Daily Continuous
BOD5, Total mg/L 2/Month 24-Hr Flow
Prop Comp
CBOD5 mg/L 5/Week 24-Hr Flow
Prop Comp
Suspended Solids,
Total
mg/L 5/Week 24-Hr Flow
Prop Comp
Cadmium, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Section 1.2.1.1
Chromium, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
Copper, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
Lead, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
Nickel, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
Zinc, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
Mercury, Total
Recoverable
ng/L Quarterly 24-Hr Flow
Prop Comp
See Section 1.2.1.2
1.2.1.1 Sample Analysis
Samples shall be analyzed using a method which provides adequate sensitivity so that results can be quantified at a
level of quantitation below the calculated/potential effluent limit, unless not possible using the most sensitive
approved method.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
2
1.2.1.2 Mercury Monitoring
The permittee shall collect and analyze all mercury samples according to the data quality requirements of ss. NR
106.145(9) and (10), Wisconsin Administrative Code. The limit of quantitation (LOQ) used for the effluent and field
blank shall be less than 1.3 ng/L, unless the samples are quantified at levels above 1.3 ng/L. The permittee shall
collect at least one mercury field blank for each set of mercury samples (a set of samples may include combinations of
intake, influent, effluent or other samples all collected on the same day). The permittee shall report results of samples
and field blanks to the Department on Discharge Monitoring Reports.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
3
2 In-Plant Requirements
2.1 Sampling Point(s)
Sampling Point Designation
Sampling
Point
Number
Sampling Point Location, Waste Type/Sample Contents and Treatment Description (as
applicable)
105 Field Blank - Sample point for reporting results of Mercury field blanks collected using standard sample
handling procedures.
199 In-Plant Diversion: Sample point for reporting flow that is diverted away from biological treatment and
is eventually blended with the secondary effluent from the final clarifiers prior to disinfection and
ultimate discharge through sampling point/outfall 001. Flow measurements shall be taken at the
diversion splitter structure.
2.2 Monitoring Requirements and Limitations
The permittee shall comply with the following monitoring requirements and limitations.
2.2.1 Sampling Point 105 - Field Blank
Monitoring Requirements and Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Mercury, Total
Recoverable
ng/L Quarterly Blank See Section 2.2.1.1
2.2.1.1 Mercury Monitoring
The permittee shall collect and analyze all mercury samples according to the data quality requirements of ss. NR
106.145(9) and (10), Wisconsin Administrative Code. The limit of quantitation (LOQ) used for the effluent and field
blank shall be less than 1.3 ng/L, unless the samples are quantified at levels above 1.3 ng/L. The permittee shall
collect at least one mercury field blank for each set of mercury samples (a set of samples may include combinations of
intake, influent, effluent or other samples all collected on the same day). The permittee shall report results of samples
and field blanks to the Department on Discharge Monitoring Reports.
2.2.2 Sampling Point 199 - In-Plant Diversion
Monitoring Requirements and Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Flow Rate MGD Daily Continuous See Section 2.2.2.1
2.2.2.1 Reporting of Diverted Flows
The flow rate of diverted flows shall be reported daily on the monthly Discharge Monitoring Report (DMR) forms. If
no flow is diverted on any given day, a value of zero (0) shall be reported for that day on the DMR form.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
4
For each day that blending facilities are utilized the permittee shall submit a copy of the influent flow data on that day.
These data shall be sent directly to the DNR basin engineer assigned to this facility.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
5
3 Surface Water Requirements
3.1 Sampling Point(s)
Sampling Point Designation
Sampling
Point
Number
Sampling Point Location, WasteType/Sample Contents and Treatment Description (as
applicable)
001 Effluent: Representative samples of the effluent from the facility shall be collected from the
channel prior to the chlorine contact chamber, except that chlorine residual and fecal samples shall
be collected after dechlorination. The discharge reported at Outfall 001 represents the total effluent
discharge from the facility. The flow rate reported at Outfall 001 is the total effluent discharge
from the facility to the Fox River and Campbell Creek, and effluent characteristics reported at
Outfall 001 are also representative of any discharge via Outfall 003.
003 Emergency Effluent Overflow: This outfall is a fixed weir located about two feet below the top of
the effluent channel wall on the outlet side of the chlorine contact basins. Under high flow
conditions the WWTF loses some of its normal discharge capacity due to an increase in river
elevation. This factor combined with increased flow through the chlorine contact basins can cause
the effluent channel to back up and sometimes reach and overflow the weir which then discharges
to Campbell Creek. Discharges to Campbell Creek through Outfall 003 may occur only when the
flow rate at Outfall 001 reaches 32 MGD.
3.2 Monitoring Requirements and Effluent Limitations
The permittee shall comply with the following monitoring requirements and limitations.
3.2.1 Sampling Point (Outfall) 001 - Effluent
Monitoring Requirements and Effluent Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Flow Rate MGD Daily Continuous
CBOD5 Weekly Avg 40 mg/L 5/Week 24-Hr Flow
Prop Comp
CBOD5 Monthly Avg 25 mg/L 5/Week 24-Hr Flow
Prop Comp
Suspended Solids,
Total
Weekly Avg 45 mg/L 5/Week 24-Hr Flow
Prop Comp
Suspended Solids,
Total
Monthly Avg 30 mg/L 5/Week 24-Hr Flow
Prop Comp
Suspended Solids,
Total
Weekly Avg 8,907 lbs/day 5/Week Calculated
Suspended Solids,
Total
Monthly Avg 6,755 lbs/day 5/Week Calculated
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
6
Monitoring Requirements and Effluent Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Suspended Solids,
Total
lbs/month Monthly Calculated Calculate the Total
Monthly Discharge of TSS
and report on the last day of
the month on the DMR. See
TMDL Calculations section
below.
Suspended Solids,
Total
lbs/yr Monthly Calculated Calculate the 12-month
rolling sum of total monthly
mass of TSS discharged
and report on the last day of
the month on the DMR. See
TMDL Calculations section
below.
pH Field Daily Min 6.0 su 5/Week Grab
pH Field Daily Max 9.0 su 5/Week Grab
Chlorine, Total
Residual
Daily Max 38 g/L 5/Week Grab
Chlorine, Total
Residual
Weekly Avg 38 g/L 5/Week Grab
Chlorine, Total
Residual
Monthly Avg 38 g/L 5/Week Grab
Fecal Coliform Geometric
Mean - Wkly
656 #/100 ml Weekly Grab
Fecal Coliform Geometric
Mean -
Monthly
400 #/100 ml Weekly Grab
Nitrogen, Ammonia
(NH3-N) Total
mg/L 5/Week 24-Hr Flow
Prop Comp
Monitor only May -
October
Nitrogen, Ammonia
(NH3-N) Total
Weekly Avg 67 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies November -
December
Nitrogen, Ammonia
(NH3-N) Total
Monthly Avg 39 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies November -
December
Nitrogen, Ammonia
(NH3-N) Total
Weekly Avg 92 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies January - March
Nitrogen, Ammonia
(NH3-N) Total
Monthly Avg 38 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies January - March
Nitrogen, Ammonia
(NH3-N) Total
Weekly Avg 35 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies during April
Nitrogen, Ammonia
(NH3-N) Total
Monthly Avg 23 mg/L 5/Week 24-Hr Flow
Prop Comp
Applies during April
Phosphorus, Total Monthly Avg 0.8 mg/L 5/Week 24-Hr Flow
Prop Comp
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
7
Monitoring Requirements and Effluent Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Phosphorus, Total lbs/day 5/Week Calculated Monitoring only upon
permit effective date. Final
TMDL-based mass limits
go into effect per the
phosphorus compliance
schedule. See Phosphorus
TMDL section below.
Phosphorus, Total lbs/month Monthly Calculated Calculate the Total
Monthly Discharge of
phosphorus and report on
the last day of the month on
the DMR. See TMDL
Calculations section below.
Phosphorus, Total lbs/yr Monthly Calculated Calculate the 12-month
rolling sum of total monthly
mass of phosphorus
discharged and report on
the last day of the month on
the DMR. See TMDL
Calculations section below.
Cadmium, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Chromium, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Copper, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Lead, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Nickel, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Zinc, Total
Recoverable
g/L Monthly 24-Hr Flow
Prop Comp
See Total Metals Analyses
and Sample Analysis
sections below.
Mercury, Total
Recoverable
Daily Max 3.6 ng/L Quarterly Grab Alternative effluent
limitation. See mercury
sections below and section
5.4 for pollutant
minimization program
implementation
requirements
Acute WET TUa See Listed
Qtr(s)
24-Hr Flow
Prop Comp
See WET testing section for
schedule and requirements
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
8
Monitoring Requirements and Effluent Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Chronic WET Monthly Avg 8.5 TUc See Listed
Qtr(s)
24-Hr Flow
Prop Comp
See WET testing section for
schedule and requirements
3.2.1.1 Annual Average Design Flow
The annual average design flow of the permittee’s wastewater treatment facility is 20 MGD.
3.2.1.2 Monitoring Conducted at a Frequency of 5/Week
Parameters required to be monitored at a frequency of 5/Week shall be monitored each day in which an in-plant
diversion occurs, or flow occurs at the Emergency Effluent Overflow, Outfall 003.
3.2.1.3 Fecal Coliform Monitoring During In-Plant Diversion
Fecal coliform monitoring shall be conducted during periods of in-plant diversion, each day that in-plant
diversion occurs.
3.2.1.4 Upper Fox Wolf Total Maximum Daily Load (TMDL) Calculations
Approved TMDL: The Upper Fox Wolf River Basin TMDL Waste Load Allocation (WLA) for total
phosphorus and total suspended solids was approved by the U.S. Environmental Protection Agency on February
27, 2020. TMDL total lbs/month and lbs/yr effluent results shall be calculated as follows:
Total Monthly Discharge (lbs/month): = monthly average concentration (mg/L) x total flow for the month
(MG/month) x 8.34.
12-Month Rolling Sum of Total Monthly Discharge (lbs/yr): =the sum of the most recent 12 consecutive
months of Total Monthly Discharges.
3.2.1.5 TMDL Limitations for Total Phosphorus
The approved TMDL phosphorus WLA for this permittee is 10,384 lbs/year and results in calculated phosphorus
mass limits of 95 lbs/day as a monthly average and 32 lbs/day as a six-month average which go into effect
pursuant to a compliance schedule. The 6-month average limit is expressed as a seasonal average with averaging
periods occurring from May through October and November through April. Compliance with the 6-month
average limit is evaluated at the end of each 6-month period on April 30th and October 31st annually. The 12-
month rolling sum of total monthly phosphorus (lbs/yr) shall be reported each month for direct comparison to the
facility’s WLA.
The phosphorus limit of 0.8 mg/L is an interim limit set in accordance with s. NR. 217.17, Wis. Adm. Code. The
interim limit will remain in effect unless a more stringent limit is required at a future permit issuance by ss. NR
217.13 and NR 217.16(2), Wis. Adm. Code, or the limit is relaxed following procedures outlined in ch. NR 207,
Wis. Adm. Code. Sampling and reporting of phosphorus concentrations and masses discharged shall begin upon
the permit effective date.
3.2.1.6 TMDL Limitations for Total Suspended Solids
The approved TMDL TSS WLA for this permittee is 1,827,844 lbs/year, which results in calculated TSS mass
limits of 8,907 lbs/day as a weekly average and 6,755 lbs/day as a monthly average. The 12-month rolling sum
of total monthly TSS (lbs/yr) shall be reported each month for direct comparison to the facility’s WLA.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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3.2.1.7 Total Metals Analyses
Measurements of total metals and total recoverable metals shall be considered as equivalent.
3.2.1.8 Sample Analysis
Samples shall be analyzed using a method which provides adequate sensitivity so that results can be quantified at
a level of quantitation below the calculated/potential effluent limit, unless not possible using the most sensitive
approved method.
3.2.1.9 Mercury Monitoring
The permittee shall collect and analyze all mercury samples according to the data quality requirements of ss. NR
106.145(9) and (10), Wisconsin Administrative Code. The limit of quantitation (LOQ) used for the effluent and
field blank shall be less than 1.3 ng/L, unless the samples are quantified at levels above 1.3 ng/L. The permittee
shall collect at least one mercury field blank for each set of mercury samples (a set of samples may include
combinations of intake, influent, effluent or other samples all collected on the same day). The permittee shall
report results of samples and field blanks to the Department on Discharge Monitoring Reports.
3.2.1.10 Mercury Variance – Implement Pollutant Minimization Plan
This permit contains a variance to the water quality-based effluent limit (WQBEL) for mercury granted in
accordance with s. 283.15, Stats. As conditions of this variance the permittee shall, (a) Maintain effluent quality
at or below the alternative effluent limitation specified in the table above; (b) Follow its Mercury Pollutant
Minimization Plan; (c) Perform the actions listed in the schedule found in Section 5.4; and (d) Implement the
mercury pollutant minimization measures specified below:
1. Conduct mercury monitoring of the influent, effluent and sludge as required in this permit.
2. Monitor unique and non-traditional sources to determine if they contribute mercury to the waste stream.
3. Continue to search for new or previously unknown sources contributing mercury.
4. Develop hauled waste profiles for all non-domestic customers.
5. Annually contact all dental facilities to ensure that all are recycling used amalgam.
6. Notify all dental facilities of the City’s new dental amalgam rules that require certification and replacement of
amalgam separators that do not meet specifications.
7. Review BMPs and maintenance logs of all dental facilities.
8. Add facilities in the HVAC, Salvage and Non-SIU Industrial/Commercial sectors to the City’s PMP Plan;
inventory those facilities, and establish and maintain contact with them regarding reduction/recycling of
mercury.
9. Create an informational brochure to send to facilities addressed in the PMP Plan, and post information about
mercury source reduction on the City’s website.
10. Amend the City’s Sewer Use Ordinance, as needed, to support mercury minimization efforts.
3.2.1.11 Whole Effluent Toxicity (WET) Testing
Primary Control Water: Grab sample collected from the Fox River, upstream and out of the influence of the
permittee’s discharge and any other known discharge – unless the use of a different control water source is
approved by the Department prior to use.
Instream Waste Concentration (IWC): 11.9%
Dilution series: At least five effluent concentrations and dual controls must be included in each test.
Acute: 100, 50, 25, 12.5, 6.25% and any additional selected by the permittee.
Chronic: 100, 30, 10, 3, 1% and any additional selected by the permittee.
WET Testing Frequency:
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
10
Acute tests shall be conducted once each year in rotating quarters in order to collect seasonal information about
the discharge. Tests are required during the following quarters.
April 1, 2019 – June 30, 2019
January 1, 2020 – March 31, 2020
October 1, 2021 – December 31, 2021
July 1, 2022 – September 30, 2022
April 1, 2023 – June 30, 2023
Acute WET testing shall continue after the permit expiration date (until the permit is reissued) in
accordance with the WET requirements specified for the last full calendar year of this permit. For example,
the next test would be required in 2024.
Chronic tests shall be conducted once each year in rotating quarters in order to collect seasonal information
about the discharge. Tests are required during the following quarters.
April 1, 2019 – June 30, 2019
January 1, 2020 – March 31, 2020
October 1, 2021 – December 31, 2021
July 1, 2022 – September 30, 2022
April 1, 2023 – June 30, 2023
Chronic WET testing shall continue after the permit expiration date (until the permit is reissued) in
accordance with the WET requirements specified for the last full calendar year of this permit. For example,
the next test would be required in 2024.
Testing: WET testing shall be performed during normal operating conditions. Permittees are not allowed to turn
off or otherwise modify treatment systems, production processes, or change other operating or treatment
conditions during WET tests.
Reporting: The permittee shall report test results on the Discharge Monitoring Report form, and also complete
the "Whole Effluent Toxicity Test Report Form" (Section 6, "State of Wisconsin Aquatic Life Toxicity Testing
Methods Manual, 2nd Edition"), for each test. The original, complete, signed version of the Whole Effluent
Toxicity Test Report Form shall be sent to the Biomonitoring Coordinator, Bureau of Water Quality, 101 S.
Webster St., P.O. Box 7921, Madison, WI 53707-7921, within 45 days of test completion. The Discharge
Monitoring Report (DMR) form shall be submitted electronically by the required deadline.
Determination of Positive Results: An acute toxicity test shall be considered positive if the Toxic Unit - Acute
(TUa) is greater than 1.0 for either species. The TUa shall be calculated as follows: TUa = 100 ÷ LC50. A chronic
toxicity test shall be considered positive if the Toxic Unit - Chronic (TUc) is greater than 8.4 for either species.
The TUc shall be calculated as follows: TUc = 100 ÷ IC25.
Additional Testing Requirements: Within 90 days of a test which showed positive results, the permittee shall
submit the results of at least 2 retests to the Biomonitoring Coordinator on "Whole Effluent Toxicity Test Report
Forms". The 90 day reporting period shall begin the day after the test which showed a positive result. The
retests shall be completed using the same species and test methods specified for the original test (see the
Standard Requirements section herein).
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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3.2.2 Sampling Point (Outfall) 003 - Emergency Effluent Overflow
Monitoring Requirements and Effluent Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Flow Rate MGD Daily Calculated
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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4 Land Application Requirements
4.1 Sampling Point(s)
The discharge(s) shall be limited to land application of the waste type(s) designated for the listed sampling point(s) on
Department approved land spreading sites or by hauling to another facility.
Sampling Point Designation
Sampling
Point
Number
Sampling Point Location, Waste Type/Sample Contents and Treatment Description (as
applicable)
002 Cake Sludge: Representative samples of the anaerobically digested and centrifuge thickened cake.
4.2 Monitoring Requirements and Limitations
The permittee shall comply with the following monitoring requirements and limitations.
4.2.1 Sampling Point (Outfall) 002 - Cake sludge
Monitoring Requirements and Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Solids, Total Percent 1/ 2 Months Composite
Arsenic Dry Wt High Quality 41 mg/kg 1/ 2 Months Composite List 1 Parameters
Limits applicable to land
application of sludge
Arsenic Dry Wt Ceiling 75 mg/kg 1/ 2 Months Composite
Cadmium Dry Wt High Quality 39 mg/kg 1/ 2 Months Composite
Cadmium Dry Wt Ceiling 85 mg/kg 1/ 2 Months Composite
Copper Dry Wt High Quality 1,500 mg/kg 1/ 2 Months Composite
Copper Dry Wt Ceiling 4,300 mg/kg 1/ 2 Months Composite
Lead Dry Wt High Quality 300 mg/kg 1/ 2 Months Composite
Lead Dry Wt Ceiling 840 mg/kg 1/ 2 Months Composite
Mercury Dry Wt High Quality 17 mg/kg 1/ 2 Months Composite
Mercury Dry Wt Ceiling 57 mg/kg 1/ 2 Months Composite
Molybdenum Dry Wt Ceiling 75 mg/kg 1/ 2 Months Composite
Nickel Dry Wt High Quality 420 mg/kg 1/ 2 Months Composite
Nickel Dry Wt Ceiling 420 mg/kg 1/ 2 Months Composite
Selenium Dry Wt High Quality 100 mg/kg 1/ 2 Months Composite
Selenium Dry Wt Ceiling 100 mg/kg 1/ 2 Months Composite
Zinc Dry Wt High Quality 2,800 mg/kg 1/ 2 Months Composite
Zinc Dry Wt Ceiling 7,500 mg/kg 1/ 2 Months Composite
Radium 226 Dry Wt pCi/g Annual Composite
Nitrogen, Total
Kjeldahl
Percent 1/ 2 Months Composite List 2 Parameters
Monitoring required when
sludge is land applied, see
Section 4.2.1.1
Nitrogen, Ammonium
(NH4-N) Total
Percent 1/ 2 Months Composite
Phosphorus, Total Percent 1/ 2 Months Composite
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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Monitoring Requirements and Limitations
Parameter Limit Type Limit and
Units
Sample
Frequency
Sample
Type
Notes
Phosphorus, Water
Extractable
% of Tot P 1/ 2 Months Composite
Potassium, Total
Recoverable
Percent 1/ 2 Months Composite
PCB Total Dry Wt High Quality 10 mg/kg Once Composite Monitoring required in
2020; see Sections 4.2.1.4
and 6.6.6 for monitoring
requirements
PCB Total Dry Wt Ceiling 50 mg/kg Once Composite
Other Sludge Requirements
Sludge Requirements Sample Frequency
List 3 Requirements – Pathogen Control: The requirements in List
3 shall be met prior to land application of sludge.
Bimonthly when sludge is land applied
List 4 Requirements – Vector Attraction Reduction: The vector
attraction reduction shall be satisfied prior to, or at the time of land
application as specified in List 4.
Bimonthly when sludge is land applied
4.2.1.1 List 2 Analysis
If the monitoring frequency for List 2 parameters is more frequent than "Annual" then the sludge may be analyzed for
the List 2 parameters just prior to each land application season rather than at the more frequent interval specified.
4.2.1.2 Changes in Feed Sludge Characteristics
If a change in feed sludge characteristics, treatment process, or operational procedures occurs which may result in a
significant shift in sludge characteristics, the permittee shall reanalyze the sludge for List 1, 2, 3 and 4 parameters
each time such change occurs.
4.2.1.3 Sludge Which Exceeds the High Quality Limit
Cumulative pollutant loading records shall be kept for all bulk land application of sludge which does not meet the
high quality limit for any parameter. This requirement applies for the entire calendar year in which any exceedance of
Table 3 of s. NR 204.07(5)(c), is experienced. Such loading records shall be kept for all List 1 parameters for each
site land applied in that calendar year. The formula to be used for calculating cumulative loading is as follows:
[(Pollutant concentration (mg/kg) x dry tons applied/ac) ÷ 500] + previous loading (lbs/acre) = cumulative lbs
pollutant per acre
When a site reaches 90% of the allowable cumulative loading for any metal established in Table 2 of s. NR
204.07(5)(b), the Department shall be so notified through letter or in the comment section of the annual land
application report (3400-55).
4.2.1.4 Sludge Analysis for PCBs
The permittee shall analyze the sludge for Total PCBs one time during 2020. The results shall be reported as "PCB
Total Dry Wt". Either congener-specific analysis or Aroclor analysis shall be used to determine the PCB
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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concentration. The permittee may determine whether Aroclor or congener specific analysis is performed. Analyses
shall be performed in accordance with Table EM in s. NR 219.04, Wis. Adm. Code and the conditions specified in
Standard Requirements of this permit. PCB results shall be submitted by January 31, following the specified year of
analysis.
4.2.1.5 Lists 1, 2, 3, and 4
List 1
TOTAL SOLIDS AND METALS
See the Monitoring Requirements and Limitations table above for monitoring frequency and limitations for the
List 1 parameters
Solids, Total (percent)
Arsenic, mg/kg (dry weight)
Cadmium, mg/kg (dry weight)
Copper, mg/kg (dry weight)
Lead, mg/kg (dry weight)
Mercury, mg/kg (dry weight)
Molybdenum, mg/kg (dry weight)
Nickel, mg/kg (dry weight)
Selenium, mg/kg (dry weight)
Zinc, mg/kg (dry weight)
Radium-226, pCi/g (dry weight)
List 2
NUTRIENTS
See the Monitoring Requirements and Limitations table above for monitoring frequency for the List 2 parameters
Solids, Total (percent)
Nitrogen Total Kjeldahl (percent)
Nitrogen Ammonium (NH4-N) Total (percent)
Phosphorus Total as P (percent)
Phosphorus, Water Extractable (as percent of Total P)
Potassium Total Recoverable (percent)
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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List 3
PATHOGEN CONTROL FOR CLASS B SLUDGE
The permittee shall implement pathogen control as listed in List 3. The Department shall be notified of the pathogen
control utilized and shall be notified when the permittee decides to utilize alternative pathogen control.
The following requirements shall be met prior to land application of sludge.
Parameter Unit Limit
Fecal Coliform*
MPN/gTS or
CFU/gTS 2,000,000
OR, ONE OF THE FOLLOWING PROCESS OPTIONS
Aerobic Digestion Air Drying
Anaerobic Digestion Composting
Alkaline Stabilization PSRP Equivalent Process
* The Fecal Coliform limit shall be reported as the geometric mean of 7 discrete samples on a dry weight basis.
List 4
VECTOR ATTRACTION REDUCTION
The permittee shall implement any one of the vector attraction reduction options specified in List 4. The Department
shall be notified of the option utilized and shall be notified when the permittee decides to utilize an alternative option.
One of the following shall be satisfied prior to, or at the time of land application as specified in List 4.
Option Limit Where/When it Shall be Met
Volatile Solids Reduction 38% Across the process
Specific Oxygen Uptake Rate 1.5 mg O2/hr/g TS On aerobic stabilized sludge
Anaerobic bench-scale test <17 % VS reduction On anaerobic digested sludge
Aerobic bench-scale test <15 % VS reduction On aerobic digested sludge
Aerobic Process >14 days, Temp >40C and
Avg. Temp > 45C
On composted sludge
pH adjustment >12 S.U. (for 2 hours)
and >11.5
(for an additional 22 hours)
During the process
Drying without primary solids >75 % TS When applied or bagged
Drying with primary solids >90 % TS When applied or bagged
Equivalent
Process
Approved by the Department Varies with process
Injection - When applied
Incorporation - Within 6 hours of application
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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4.2.1.6 Daily Land Application Log
Daily Land Application Log
Discharge Monitoring Requirements and Limitations
The permittee shall maintain a daily land application log for biosolids land applied each day when land application
occurs. The following minimum records must be kept, in addition to all analytical results for the biosolids land
applied. The log book records shall form the basis for the annual land application report requirements.
Parameters Units Sample
Frequency
DNR Site Number(s) Number Daily as used
Outfall number applied Number Daily as used
Acres applied Acres Daily as used
Amount applied As appropriate * /day Daily as used
Application rate per acre unit */acre Daily as used
Nitrogen applied per acre lb/acre Daily as used
Method of Application Injection, Incorporation, or surface
applied
Daily as used
*gallons, cubic yards, dry US Tons or dry Metric Tons
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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5 Schedules
5.1 TMDL Water Quality Based Effluent Limits (WQBELs) for Total Phosphorus
Required Action Due Date
Final Compliance Alternatives Plan: The permittee shall submit a final compliance alternatives
plan to the Department that evaluates feasible alternatives for meeting the final phosphorus TMDL
(total mass daily load). The compliance alternatives plan may include: facility upgrading, the
Watershed Adaptive Management Option, Water Quality Trading Plan, or a water quality variance.
If the compliance alternatives plan concludes upgrading the permittee’s wastewater treatment
facility through construction of filtration or a similar phosphorus removal process is necessary to
meet final phosphorus WQBELs, the submittal shall include a final engineering design report
addressing the treatment plant upgrades, and a facility plan if required pursuant to ch. NR 110, Wis.
Adm. Code.
If the compliance alternatives plan concludes Adaptive Management will be implemented, the
submittal shall include a completed Watershed Adaptive Management Request Form 3200-139, a
Watershed Adaptive Management Plan, and an engineering report addressing any treatment system
upgrades necessary to meet interim limits pursuant to s. NR 217.18, Wis. Adm. Code.
If the compliance alternatives plan concludes water quality trading will be used, the submittal shall
include a completed Water Quality Trading Application and Water Quality Trading Plan identifying
trading partners.
If the compliance alternatives plan concludes the facility is eligible for a water quality variance the
Plan shall provide information regarding the basis for the variance and an application for a variance
shall be submitted with the application for the next reissuance.
06/30/2022
Final Plans and Specifications: The permittee shall submit final construction plans and
specifications for approval if the Final Compliance Alternative Plan calls for upgrading the
treatment facility and a Facility Plan is approved by the department. The permittee shall submit the
final water quality trading or adaptive management plan if the compliance alternatives plan calls for
one of these watershed approaches.
12/31/2022
Progress Report #1: Submit a progress report on meeting the final TMDL for phosphorus. 06/30/2023
Progress Report #2: Submit a progress report on meeting the final TMDL for phosphorus. 06/30/2024
Complete Actions: The permittee shall complete actions to meet the final TMDL limit for
phosphorus.
12/31/2024
Phosphorus TMDL: Effective: The permittee shall achieve compliance with final phosphorus
TMDL: 32 lbs/day expressed as a six-month average and 95 lbs/day expressed as a monthly
average.
01/01/2025
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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5.2 Mercury Pollutant Minimization Program
Required Action Due Date
Annual Mercury Progress Reports: Submit an annual mercury progress report. The annual mercury
progress report shall:
Indicate which mercury pollutant minimization activities or activities outlined in the approved
Pollutant Minimization Plan have been implemented;
Include an analysis of trends in quarterly and annual total effluent mercury concentrations based on
mercury sampling; and
Include an analysis of how influent and effluent mercury varies with time and with significant
loading of mercury such as loads from industries into the collection system.
The first annual mercury progress report is to be submitted by the Due Date.
06/30/2019
Certified Collection System Operator-in-Charge: The permittee shall have an operator-in-charge
of its collection system who is certified in the collection systems subclass, SS, by the due date.
12/31/2023
Annual Mercury Progress Report #2: Submit a mercury progress report as defined above. 06/30/2020
Annual Mercury Progress Report #3: Submit a mercury progress report as defined above. 06/30/2021
Annual Mercury Progress Report #4: Submit a mercury progress report as defined above. 06/30/2022
Final Mercury Report: Submit a final report documenting the success in reducing mercury
concentrations in the effluent, as well as the anticipated future reduction in mercury sources and
mercury effluent concentrations. The report shall summarize mercury pollutant minimization
activities that have been implemented during the current permit term and state which, if any, pollutant
minimization activities from the approved pollutant minimization plan were not pursued and why.
The report shall include an analysis of trends in quarterly and annual total effluent mercury
concentrations based on mercury sampling during the current permit term. The report shall also
include an analysis of how influent and effluent mercury varies with time and with significant loading
of mercury such as loads from industries into the collection system.
If the permittee intends to reapply for a mercury variance per s. NR 106.145, Wis. Adm. Code, for the
reissued permit, a detailed pollutant minimization plan outlining the pollutant minimization activities
proposed for the upcoming permit term shall be submitted along with the final report.
06/30/2023
Annual Mercury Reports After Permit Expiration: In the event that this permit is not reissued on
time, the permittee shall continue to submit annual mercury reports each year covering pollutant
minimization activities implemented and mercury concentration trends.
5.3 Certified Collection System Operator
Required Action Due Date
Certified Collection System Operator-in-Charge: The permittee shall have an operator-in-charge
of its collection system who is certified in the collection system subclass, SS, by the due date.
12/31/2023
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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6 Standard Requirements
NR 205, Wisconsin Administrative Code: The conditions in ss. NR 205.07(1) and NR 205.07(2), Wis. Adm. Code,
are included by reference in this permit. The permittee shall comply with all of these requirements. Some of these
requirements are outlined in the Standard Requirements section of this permit. Requirements not specifically outlined
in the Standard Requirement section of this permit can be found in ss. NR 205.07(1) and NR 205.07(2).
6.1 Reporting and Monitoring Requirements
6.1.1 Monitoring Results
Monitoring results obtained during the previous month shall be summarized and reported on a Department
Wastewater Discharge Monitoring Report. The report may require reporting of any or all of the information specified
below under ‘Recording of Results’. This report is to be returned to the Department no later than the date indicated
on the form. A copy of the Wastewater Discharge Monitoring Report Form or an electronic file of the report shall be
retained by the permittee.
Monitoring results shall be reported on an electronic discharge monitoring report (eDMR). The eDMR shall be
certified electronically by a responsible executive or municipal officer, manager, partner or proprietor as specified in
s. 283.37(3), Wis. Stats., or a duly authorized representative of the officer, manager, partner or proprietor that has
been delegated signature authority pursuant to s. NR 205.07(1)(g)2, Wis. Adm. Code. The ‘eReport Certify’ page
certifies that the electronic report form is true, accurate and complete.
If the permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring
shall be included on the Wastewater Discharge Monitoring Report.
The permittee shall comply with all limits for each parameter regardless of monitoring frequency. For example,
monthly, weekly, and/or daily limits shall be met even with monthly monitoring. The permittee may monitor more
frequently than required for any parameter.
6.1.2 Sampling and Testing Procedures
Sampling and laboratory testing procedures shall be performed in accordance with Chapters NR 218 and NR 219,
Wis. Adm. Code and shall be performed by a laboratory certified or registered in accordance with the requirements of
ch. NR 149, Wis. Adm. Code. Groundwater sample collection and analysis shall be performed in accordance with ch.
NR 140, Wis. Adm. Code. The analytical methodologies used shall enable the laboratory to quantitate all substances
for which monitoring is required at levels below the effluent limitation. If the required level cannot be met by any of
the methods available in NR 219, Wis. Adm. Code, then the method with the lowest limit of detection shall be
selected. Additional test procedures may be specified in this permit.
6.1.3 Pretreatment Sampling Requirements
Sampling for pretreatment parameters (cadmium, chromium, copper, lead, nickel, zinc, and mercury) shall be done
during a day each month when industrial discharges are occurring at normal to maximum levels. The sampling of the
influent and effluent for these parameters shall be coordinated. All 24 hour composite samples shall be flow
proportional.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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6.1.4 Recording of Results
The permittee shall maintain records which provide the following information for each effluent measurement or
sample taken:
the date, exact place, method and time of sampling or measurements;
the individual who performed the sampling or measurements;
the date the analysis was performed;
the individual who performed the analysis;
the analytical techniques or methods used; and
the results of the analysis.
6.1.5 Reporting of Monitoring Results
The permittee shall use the following conventions when reporting effluent monitoring results:
Pollutant concentrations less than the limit of detection shall be reported as < (less than) the value of the
limit of detection. For example, if a substance is not detected at a detection limit of 0.1 mg/L, report the
pollutant concentration as < 0.1 mg/L.
Pollutant concentrations equal to or greater than the limit of detection, but less than the limit of
quantitation, shall be reported and the limit of quantitation shall be specified.
For purposes of calculating NR 101 fees, the 2 mg/l lower reporting limits for BOD5 and Total Suspended
Solids shall be considered to be limits of quantitation.
For the purposes of reporting a calculated result, average or a mass discharge value, the permittee may
substitute a 0 (zero) for any pollutant concentration that is less than the limit of detection. However, if the
effluent limitation is less than the limit of detection, the department may substitute a value other than zero
for results less than the limit of detection, after considering the number of monitoring results that are
greater than the limit of detection and if warranted when applying appropriate statistical techniques.
6.1.6 Compliance Maintenance Annual Reports
Compliance Maintenance Annual Reports (CMAR) shall be completed using information obtained over each calendar
year regarding the wastewater conveyance and treatment system. The CMAR shall be submitted and certified by the
permittee in accordance with ch. NR 208, Wis. Adm. Code, by June 30, each year on an electronic report form
provided by the Department.
In the case of a publicly owned treatment works, a resolution shall be passed by the governing body and submitted as
part of the CMAR, verifying its review of the report and providing responses as required. Private owners of
wastewater treatment works are not required to pass a resolution; but they must provide an Owner Statement and
responses as required, as part of the CMAR submittal.
The CMAR shall be certified electronically by a responsible executive or municipal officer, manager, partner or
proprietor as specified in s. 283.37(3), Wis. Stats., or a duly authorized representative of the officer, manager, partner
or proprietor that has been delegated signature authority pursuant to s. NR 205.07(1)(g)2, Wis. Adm. Code. The
certification verifies that the electronic report is true, accurate and complete.
6.1.7 Records Retention
The permittee shall retain records of all monitoring information, including all calibration and maintenance records and
all original strip chart recordings or electronic data records for continuous monitoring instrumentation, copies of all
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
21
reports required by the permit, and records of all data used to complete the application for the permit for a period of at
least 3 years from the date of the sample, measurement, report or application. All pertinent sludge information,
including permit application information and other documents specified in this permit or s. NR 204.06(9), Wis. Adm.
Code shall be retained for a minimum of 5 years.
6.1.8 Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted
incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or
correct information to the Department.
6.1.9 Reporting Requirements – Alterations or Additions
The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions
to the permitted facility. Notice is only required when:
The alteration or addition to the permitted facility may meet one of the criteria for determining whether a
facility is a new source.
The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification requirement applies to pollutants which are not subject to effluent limitations
in the existing permit.
The alteration or addition results in a significant change in the permittee’s sludge use or disposal
practices, and such alteration, addition, or change may justify the application of permit conditions that are
different from or absent in the existing permit, including notification of additional use of disposal sites not
reported during the permit application process nor reported pursuant to an approved land application plan.
Additional sites may not be used for the land application of sludge until department approval is received.
6.2 System Operating Requirements
6.2.1 Noncompliance Reporting
Sanitary sewer overflows and sewage treatment facility overflows shall be reported according to the ‘Sanitary Sewer
Overflows and Sewage Treatment Facility Overflows’ section of this permit.
The permittee shall report the following types of noncompliance by a telephone call to the Department's regional
office within 24 hours after becoming aware of the noncompliance:
any noncompliance which may endanger health or the environment;
any violation of an effluent limitation resulting from a bypass;
any violation of an effluent limitation resulting from an upset; and
any violation of a maximum discharge limitation for any of the pollutants listed by the Department in the
permit, either for effluent or sludge.
A written report describing the noncompliance shall also be submitted to the Department's regional office within 5
days after the permittee becomes aware of the noncompliance. On a case-by-case basis, the Department may waive
the requirement for submittal of a written report within 5 days and instruct the permittee to submit the written report
with the next regularly scheduled monitoring report. In either case, the written report shall contain a description of
the noncompliance and its cause; the period of noncompliance, including exact dates and times; the steps taken or
planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and if the noncompliance has not been
corrected, the length of time it is expected to continue.
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City of Oshkosh
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A scheduled bypass approved by the Department under the ‘Scheduled Bypass’ section of this permit shall not be
subject to the reporting required under this section.
NOTE: Section 292.11(2)(a), Wisconsin Statutes, requires any person who possesses or controls a hazardous
substance or who causes the discharge of a hazardous substance to notify the Department of Natural Resources
immediately of any discharge not authorized by the permit. The discharge of a hazardous substance that is not
authorized by this permit or that violates this permit may be a hazardous substance spill. To report a
hazardous substance spill, call DNR's 24-hour HOTLINE at 1-800-943-0003.
6.2.2 Flow Meters
Flow meters shall be calibrated annually, as per s. NR 218.06, Wis. Adm. Code.
6.2.3 Raw Grit and Screenings
All raw grit and screenings shall be disposed of at a properly licensed solid waste facility or picked up by a licensed
waste hauler. If the facility or hauler is located in Wisconsin, then they shall be licensed under chs. NR 500-555, Wis.
Adm. Code.
6.2.4 Sludge Management
All sludge management activities shall be conducted in compliance with ch. NR 204 "Domestic Sewage Sludge
Management", Wis. Adm. Code.
6.2.5 Prohibited Wastes
Under no circumstances may the introduction of wastes prohibited by s. NR 211.10, Wis. Adm. Code, be allowed into
the waste treatment system. Prohibited wastes include those:
which create a fire or explosion hazard in the treatment work;
which will cause corrosive structural damage to the treatment work;
solid or viscous substances in amounts which cause obstructions to the flow in sewers or interference with
the proper operation of the treatment work;
wastewaters at a flow rate or pollutant loading which are excessive over relatively short time periods so as
to cause a loss of treatment efficiency; and
changes in discharge volume or composition from contributing industries which overload the treatment
works or cause a loss of treatment efficiency.
6.2.6 Bypass
This condition applies only to bypassing at a sewage treatment facility that is not a scheduled bypass, approved
blending as a specific condition of this permit, a sewage treatment facility overflow or a controlled diversion as
provided in the sections titled ‘Scheduled Bypass’, ‘Blending’ (if approved), ‘SSO’s and Sewage Treatment Facility
Overflows’ and ‘Controlled Diversions’ of this permit. Any other bypass at the sewage treatment facility is prohibited
and the Department may take enforcement action against a permittee for such occurrences under s. 283.89, Wis. Stats.
The Department may approve a bypass if the permittee demonstrates all the following conditions apply:
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities or
adequate back-up equipment, retention of untreated wastes, reduction of inflow and infiltration, or
maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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back-up equipment should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment downtime or preventative
maintenance. When evaluating feasibility of alternatives, the department may consider factors such as
technical achievability, costs and affordability of implementation and risks to public health, the
environment and, where the permittee is a municipality, the welfare of the community served; and
The bypass was reported in accordance with the Noncompliance Reporting section of this permit.
6.2.7 Scheduled Bypass
Whenever the permittee anticipates the need to bypass for purposes of efficient operations and maintenance and the
permittee may not meet the conditions for controlled diversions in the ‘Controlled Diversions’ section of this permit,
the permittee shall obtain prior written approval from the Department for the scheduled bypass. A permittee’s written
request for Department approval of a scheduled bypass shall demonstrate that the conditions for bypassing specified
in the above section titled ‘Bypass’ are met and include the proposed date and reason for the bypass, estimated
volume and duration of the bypass, alternatives to bypassing and measures to mitigate environmental harm caused by
the bypass. The department may require the permittee to provide public notification for a scheduled bypass if it is
determined there is significant public interest in the proposed action and may recommend mitigation measures to
minimize the impact of such bypass.
6.2.8 Controlled Diversions
Controlled diversions are allowed only when necessary for essential maintenance to assure efficient operation.
Sewage treatment facilities that have multiple treatment units to treat variable or seasonal loading conditions may shut
down redundant treatment units when necessary for efficient operation. The following requirements shall be met
during controlled diversions:
Effluent from the sewage treatment facility shall meet the effluent limitations established in the permit.
Wastewater that is diverted around a treatment unit or treatment process during a controlled diversion
shall be recombined with wastewater that is not diverted prior to the effluent sampling location and prior
to effluent discharge;
A controlled diversion does not include blending as defined in s. NR 210.03(2e), Wis. Adm. Code, and as
may only be approved under s. NR 210.12. A controlled diversion may not occur during periods of
excessive flow or other abnormal wastewater characteristics;
A controlled diversion may not result in a wastewater treatment facility overflow; and
All instances of controlled diversions shall be documented in sewage treatment facility records and such
records shall be available to the department on request.
6.2.9 Reporting of Bypassing to Drinking Water Intake Owners
Whenever there is an unscheduled bypass or overflow or a scheduled bypass at the permittee’s treatment works or
within the permittee’s sewage collection system (see the “Bypassing”, “Bypass Due To Essential Construction or
Maintenance (Controlled Diversions)” and “Blending During Wet Weather” provisions of this permit), the permittee
shall notify the owner of all drinking water intakes located in surface waters in the vicinity of the discharge as quickly
as practicable, but no greater than 8 hours after becoming aware of the bypass or overflow. This notification shall
include at a minimum, the following drinking water intake owner identified by the Department: Oshkosh Waterworks.
6.2.10 Blending
The Department has determined that blending as defined in s. NR 210.03(2e), Wis. Adm. Code, may occur at this
sewage treatment facility. The following requirements shall apply whenever blending operations are in effect:
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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Blending may occur temporarily only during wet weather or other high flow conditions when peak
wastewater flow to the sewage treatment facility exceeds the maximum design and operating capacity of
the biological treatment processes and when necessary to avoid severe property damage to the sewage
treatment facility as described in NR 210.12 (2) (a), Wis. Adm. Code.;
Untreated, or partially treated wastewater that is routed around the biological treatment process, or a
portion of a biological treatment process, shall be recombined with the biologically treated wastewater
and the combined flow shall be disinfected, if required by this permit, prior to discharge;
Effluent from the sewage treatment facility shall be monitored to include all wastewater that is discharged
from the facility, including those wastewaters that are diverted around the biological treatment process
and shall meet the effluent limitations for Outfall 001 included in this permit; and
Blending under this section and the circumstances that lead to blending shall be reported to the
Department by telephone, fax or email no later than 24 hours from the time each blending operation
ceases at the sewage treatment facility. Permittees shall also report the time, duration and volume of
wastewater routed around the biological treatment process on the wastewater Discharge Monitoring
Report (DMR) forms.
6.2.11 Ammonia Limit Not Needed Year-Round - Continue to Optimize Removal of
Ammonia
Applying the procedures in s. NR 106.05, Wis. Adm. Code, to ammonia data that is representative of the current
operations of the wastewater treatment plant resulted in a determination that ammonia effluent limits are not necessary
year-round in this permit. Pursuant to NR 106.33, throughout the term of this permit, the wastewater treatment plant
shall continue to be operated in a manner that optimizes the removal of ammonia within the design capabilities of the
wastewater treatment plant.
6.2.12 Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which
are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance includes effective performance, adequate funding, adequate operator staffing and training as required in
ch. NR 114, Wis. Adm. Code, and adequate laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when
necessary to achieve compliance with the conditions of the permit.
6.2.13 Operator Certification
The wastewater treatment facility shall be under the direct supervision of a state certified operator. In accordance
with s. NR 114.53, Wis. Adm. Code, every WPDES permitted treatment plant shall have a designated operator-in-
charge holding a current and valid certificate. The designated operator-in-charge shall be certified at the level and in
all subclasses of the treatment plant, except laboratory. Treatment plant owners shall notify the department of any
changes in the operator-in-charge within 30 days. Note that s. NR 114.52(22), Wis. Adm. Code, lists types of facilities
that are excluded from operator certification requirements (i.e. private sewage systems, pretreatment facilities
discharging to public sewers, industrial wastewater treatment that consists solely of land disposal, agricultural
digesters and concentrated aquatic production facilities with no biological treatment).
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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6.3 Sewage Collection Systems
6.3.1 Sanitary Sewage Overflows and Sewage Treatment Facility Overflows
6.3.1.1 Overflows Prohibited
Any overflow or discharge of wastewater from the sewage collection system or at the sewage treatment facility, other
than from permitted outfalls, is prohibited. The permittee shall provide information on whether any of the following
conditions existed when an overflow occurred:
The sanitary sewer overflow or sewage treatment facility overflow was unavoidable to prevent loss of
life, personal injury or severe property damage;
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;
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; and
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.
6.3.1.2 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, including those in NR 210.21 (3), Wis. Adm. Code, shall be
implemented consistent with an emergency response plan developed under the CMOM program.
6.3.1.3 Permittee Reporting
Permittees shall report all sanitary sewer overflows and sewage treatment overflows as follows:
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;
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:
◦ The date and location of the overflow;
◦ The surface water to which the discharge occurred, if any;
◦ The duration of the overflow and an estimate of the volume of the overflow;
◦ 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;
◦ The estimated date and time when the overflow began and stopped or will be stopped;
◦ The cause or suspected cause of the overflow including, if appropriate, precipitation, runoff
conditions, areas of flooding, soil moisture and other relevant information;
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City of Oshkosh
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◦ Steps taken or planned to reduce, eliminate and prevent reoccurrence of the overflow and a
schedule of major milestones for those steps;
◦ A description of the actual or potential for human exposure and contact with the wastewater from
the overflow;
◦ Steps taken or planned to mitigate the impacts of the overflow and a schedule of major milestones
for those steps;
◦ 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; and
◦ The reason the overflow occurred or explanation of other contributing circumstances that resulted
in the overflow event. This includes any information available 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/SSOreport.html. As indicated on the form, additional information
may be submitted to supplement the information required by the form.
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; and
A permittee that is required to submit wastewater discharge monitoring reports under NR 205.07 (1)
(r) shall also report all sanitary sewer overflows and sewage treatment facility overflows on that
report.
6.3.1.4 Public Notification
The permittee shall notify the public of any sanitary sewer and sewage treatment facility overflows consistent with its
emergency response plan required under the CMOM (Capacity, Management, Operation and Maintenance) section of
this permit and s. NR 210.23 (4) (f), Wis. Adm. Code. 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.
6.3.2 Capacity, Management, Operation and Maintenance (CMOM) Program
The permittee shall have written documentation of the Capacity, Management, Operation and
Maintenance (CMOM) program components in accordance with s. NR 210.23(4), Wis. Adm. Code. Such
documentation shall be available for Department review upon request. The Department may request that
the permittee provide this documentation or prepare a summary of the permittee’s CMOM program at the
time of application for reissuance of the WPDES permit.
The permittee shall implement a CMOM program in accordance with s. NR 210.23, Wis. Adm. Code.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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The permittee shall at least annually conduct a self-audit of activities conducted under the permittee’s
CMOM program to ensure CMOM components are being implemented as necessary to meet the general
standards of s. NR 210.23(3), Wis. Adm. Code.
6.3.3 Sewer Cleaning Debris and Materials
All debris and material removed from cleaning sanitary sewers shall be managed to prevent nuisances, run-off, ground
infiltration or prohibited discharges.
Debris and solid waste shall be dewatered, dried and then disposed of at a licensed solid waste facility.
Liquid waste from the cleaning and dewatering operations shall be collected and disposed of at a
permitted wastewater treatment facility.
Combination waste including liquid waste along with debris and solid waste may be disposed of at a
licensed solid waste facility or wastewater treatment facility willing to accept the waste.
6.4 Surface Water Requirements
6.4.1 Permittee-Determined Limit of Quantitation Incorporated into this Permit
For pollutants with water quality-based effluent limits below the Limit of Quantitation (LOQ) in this permit, the LOQ
calculated by the permittee and reported on the Discharge Monitoring Reports (DMRs) is incorporated by reference
into this permit. The LOQ shall be reported on the DMRs, shall be the lowest quantifiable level practicable, and shall
be no greater than the minimum level (ML) specified in or approved under 40 CFR Part 136 for the pollutant at the
time this permit was issued, unless this permit specifies a higher LOQ.
6.4.2 Appropriate Formulas for Effluent Calculations
The permittee shall use the following formulas for calculating effluent results to determine compliance with average
concentration limits and mass limits and total load limits:
Weekly/Monthly/Six-Month/Annual Average Concentration = the sum of all daily results for that week/month/six-
month/year, divided by the number of results during that time period. [Note: When a six-month average effluent limit
is specified for Total Phosphorus the applicable periods are May through October and November through April.]
Weekly Average Mass Discharge (lbs/day): Daily mass = daily concentration (mg/L) x daily flow (MGD) x 8.34,
then average the daily mass values for the week.
Monthly Average Mass Discharge (lbs/day): Daily mass = daily concentration (mg/L) x daily flow (MGD) x 8.34,
then average the daily mass values for the month.
Six-Month Average Mass Discharge (lbs/day): Daily mass = daily concentration (mg/L) x daily flow (MGD) x
8.34, then average the daily mass values for the six-month period. [Note: When a six-month average effluent limit is
specified for Total Phosphorus the applicable periods are May through October and November through April.]
Annual Average Mass Discharge (lbs/day): Daily mass = daily concentration (mg/L) x daily flow (MGD) x 8.34,
then average the daily mass values for the entire year.
Total Monthly Discharge: = monthly average concentration (mg/L) x total flow for the month (MG/month) x 8.34.
Total Annual Discharge: = sum of total monthly discharges for the calendar year.
12-Month Rolling Sum of Total Monthly Discharge: = the sum of the most recent 12 consecutive months of Total
Monthly Discharges.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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6.4.3 Effluent Temperature Requirements
Weekly Average Temperature – The permittee shall use the following formula for calculating effluent results to
determine compliance with the weekly average temperature limit (as applicable): Weekly Average Temperature = the
sum of all daily maximum results for that week divided by the number of daily maximum results during that time
period.
Cold Shock Standard – Water temperatures of the discharge shall be controlled in a manner as to protect fish and
aquatic life uses from the deleterious effects of cold shock. ‘Cold Shock’ means exposure of aquatic organisms to a
rapid decrease in temperature and a sustained exposure to low temperature that induces abnormal behavior or
physiological performance and may lead to death.
Rate of Temperature Change Standard – Temperature of a water of the state or discharge to a water of the state
may not be artificially raised or lowered at such a rate that it causes detrimental health or reproductive effects to fish
or aquatic life of the water of the state.
6.4.4 Visible Foam or Floating Solids
There shall be no discharge of floating solids or visible foam in other than trace amounts.
6.4.5 Surface Water Uses and Criteria
In accordance with NR 102.04, Wis. Adm. Code, surface water uses and criteria are established to govern water
management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land
development or other activities shall be controlled so that all surface waters including the mixing zone meet the
following conditions at all times and under all flow and water level conditions:
a) Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be
present in such amounts as to interfere with public rights in waters of the state.
b) Floating or submerged debris, oil, scum or other material shall not be present in such amounts as to interfere
with public rights in waters of the state.
c) Materials producing color, odor, taste or unsightliness shall not be present in such amounts as to interfere with
public rights in waters of the state.
d) Substances in concentrations or in combinations which are toxic or harmful to humans shall not be present in
amounts found to be of public health significance, nor shall substances be present in amounts which are
acutely harmful to animal, plant or aquatic life.
6.4.6 Percent Removal
During any 30 consecutive days, the average effluent concentrations of BOD5 and of total suspended solids shall not
exceed 15% of the average influent concentrations, respectively. This requirement does not apply to removal of total
suspended solids if the permittee operates a lagoon system and has received a variance for suspended solids granted
under NR 210.07(2), Wis. Adm. Code.
6.4.7 Fecal Coliforms
The weekly and monthly limit(s) for fecal coliforms shall be expressed as a geometric mean.
6.4.8 Year-Round Disinfection
Disinfection shall be provided year-round. Monitoring requirements and the limitation for fecal coliforms apply
during the period in which disinfection is required. Whenever chlorine is used for disinfection or other effluent uses,
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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the limitations and monitoring requirements for residual chlorine shall apply. A dechlorination process shall be in
operation whenever chlorine is used for disinfection or other effluent uses.
6.4.9 Total Residual Chlorine Requirements (When De-Chlorinating Effluent)
Test methods for total residual chlorine, approved in ch. NR 219 - Table B, Wis. Adm. Code, normally achieve a limit
of detection of about 20 to 50 micrograms per liter and a limit of quantitation of about 100 micrograms per liter.
Reporting of test results and compliance with effluent limitations for chlorine residual and total residual halogens
shall be as follows:
Sample results which show no detectable levels are in compliance with the limit. These test results shall
be reported on Wastewater Discharge Monitoring Report Forms as "< 100 µg/L". (Note: 0.1 mg/L
converts to 100 µg/L).
Samples showing detectable traces of chlorine are in compliance if measured at less than 100 µg/L, unless
there is a consistent pattern of detectable values in this range. These values shall also be reported on
Wastewater Discharge Monitoring Report Forms as "<100 µg/L." The facility operating staff shall record
actual readings on logs maintained at the plant, shall take action to determine the reliability of detected
results (such as re-sampling and/or calculating dosages), and shall adjust the chemical feed system if
necessary to reduce the chances of detects.
Samples showing detectable levels greater than 100 µg/L shall be considered as exceedances, and shall be
reported as measured.
To calculate average or mass discharge values, a "0" (zero) may be substituted for any test result less than
100 µg/L. Calculated values shall then be compared directly to the average or mass limitations to
determine compliance.
6.4.10 Whole Effluent Toxicity (WET) Monitoring Requirements
In order to determine the potential impact of the discharge on aquatic organisms, static-renewal toxicity tests shall be
performed on the effluent in accordance with the procedures specified in the "State of Wisconsin Aquatic Life Toxicity
Testing Methods Manual, 2nd Edition" (PUB-WT-797, November 2004) as required by NR 219.04, Table A, Wis.
Adm. Code). All of the WET tests required in this permit, including any required retests, shall be conducted on the
Ceriodaphnia dubia and fathead minnow species. Receiving water samples shall not be collected from any point in
contact with the permittee's mixing zone and every attempt shall be made to avoid contact with any other discharge's
mixing zone.
6.4.11 Whole Effluent Toxicity (WET) Identification and Reduction
Within 60 days of a retest which showed positive results, the permittee shall submit a written report to the
Biomonitoring Coordinator, Bureau of Water Quality, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921,
which details the following:
A description of actions the permittee has taken or will take to remove toxicity and to prevent the
recurrence of toxicity;
A description of toxicity reduction evaluation (TRE) investigations that have been or will be done to
identify potential sources of toxicity, including some or all of the following actions:
(a) Evaluate the performance of the treatment system to identify deficiencies contributing to effluent
toxicity (e.g., operational problems, chemical additives, incomplete treatment)
(b) Identify the compound(s) causing toxicity
(c) Trace the compound(s) causing toxicity to their sources (e.g., industrial, commercial, domestic)
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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(d) Evaluate, select, and implement methods or technologies to control effluent toxicity (e.g., in-plant or
pretreatment controls, source reduction or removal)
Where corrective actions including a TRE have not been completed, an expeditious schedule under which
corrective actions will be implemented;
If no actions have been taken, the reason for not taking action.
The permittee may also request approval from the Department to postpone additional retests in order to investigate the
source(s) of toxicity. Postponed retests must be completed after toxicity is believed to have been removed.
6.4.12 Reopener Clause
Pursuant to s. 283.15(11), Wis. Stat. and 40 CFR 131.20, the Department may modify or revoke and reissue this
permit if, through the triennial standard review process, the Department determines that the terms and conditions of
this permit need to be updated to reflect the highest attainable condition of the receiving water.
6.5 Pretreatment Program Requirements
The permittee is required to operate an industrial pretreatment program as described in the program initially approved
by the Department of Natural Resources including any subsequent program modifications approved by the
Department, and including commitments to program implementation activities provided in the permittee's annual
pretreatment program report, and that complies with the requirements set forth in 40 CFR Part 403 and ch. NR 211,
Wis. Adm. Code. To ensure that the program is operated in accordance with these requirements, the following
general conditions and requirements are hereby established:
6.5.1 Inventories
The permittee shall implement methods to maintain a current inventory of the general character and volume of
wastewater that industrial users discharge to the treatment works and shall provide an updated industrial user listing
annually and report any changes in the listing to the Department by March 31 of each year as part of the annual
pretreatment program report required herein.
6.5.2 Regulation of Industrial Users
6.5.2.1 Limitations for Industrial Users
The permittee shall develop, maintain, enforce and revise as necessary local limits to implement the general and
specific prohibitions of the state and federal General Pretreatment Regulations.
6.5.2.2 Control Documents for Industrial Users (IUs)
The permittee shall control the discharge from each significant industrial user through individual discharge permits as
required by s. NR 211.235, Wis. Adm. Code and in accordance with the approved pretreatment program procedures
and the permittee's sewer use ordinance. The discharge permits shall be modified in a timely manner during the stated
term of the discharge permits according to the sewer use ordinance as conditions warrant. The discharge permits shall
include at a minimum the elements found in s. NR 211.235(1), Wis. Adm. Code and references to the approved
pretreatment program procedures and the sewer use ordinance.
6.5.2.3 Review of Industrial User Reports, Inspections and Compliance Monitoring
The permittee shall require the submission of, receive, and review self-monitoring reports and other notices from
industrial users in accordance with the approved pretreatment program procedures. The permittee shall randomly
sample and analyze industrial user discharges and conduct surveillance activities to determine independent of
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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information supplied by the industrial users, whether the industrial users are in compliance with pretreatment
standards and requirements. The inspections and monitoring shall also be conducted to maintain accurate knowledge
of local industrial processes, including changes in the discharge, pretreatment equipment operation, spill prevention
control plans, slug control plans, and implementation of solvent management plans.
The permittee shall inspect and sample the discharge from each significant industrial user as specified in the
permittee's approved pretreatment program or as specified in NR 211.235(3). The permittee shall evaluate whether
industrial users identified as significant need a slug control plan according to the requirements of NR 211.235(4). If a
slug control plan is needed, the plan shall contain at a minimum the elements specified in s. NR 211.235(4)(b), Wis.
Adm. Code.
6.5.2.4 Enforcement and Industrial User Compliance Evaluation & Violation Reports
The permittee shall enforce the industrial pretreatment requirements including the industrial user discharge limitations
of the permittee's sewer use ordinance. The permittee shall investigate instances of noncompliance by collecting and
analyzing samples and collecting other information with sufficient care to produce evidence admissible in
enforcement proceedings or in judicial actions. Investigation and response to instances of noncompliance shall be in
accordance with the permittee's sewer use ordinance and approved Enforcement Response Plan.
The permittee shall make a semiannual report on forms provided or approved by the Department. The semiannual
report shall include an analysis of industrial user significant noncompliance (i.e. the Industrial User Compliance
Evaluation, also known as the SNC Analysis) as outlined in s.NR 211.23(1)(j), Wis. Adm. Code, and a summary of
the permittee's response to all industrial noncompliance (i.e. the Industrial User Violation Report). The Industrial
User Compliance Evaluation Report shall include monitoring results received from industrial users pursuant to s.
NR 211.15(1) - (5), Wis. Adm. Code. The Industrial User Violation Report shall include copies of all notices of
noncompliance, notices of violation and other enforcement correspondence sent by the permittee to industrial users,
together with the industrial user's response. The Industrial User Compliance Evaluation and Violation Reports for the
period January through June shall be provided to the Department by September 30 of each year and for the period July
through December shall be provided to the Department by March 31 of the succeeding year, unless alternate submittal
dates are approved.
6.5.2.5 Publication of Violations
The permittee shall publish a list of industrial users that have significantly violated the municipal sewer use ordinance
during the calendar year, in the largest daily newspaper in the area by March 31 of the following year pursuant to s.
NR 211.23(1)(j), Wis. Adm. Code. A copy of the newspaper publication shall be provided as part of the annual
pretreatment report specified herein.
6.5.2.6 Multijurisdictional Agreements
The permittee shall establish agreements with all contributing jurisdictions as necessary to ensure compliance with
pretreatment standards and requirements by all industrial users discharging to the permittee's wastewater treatment
system. Any such agreement shall identify who will be responsible for maintaining the industrial user inventory,
issuance of industrial user control mechanisms, inspections and sampling, pretreatment program implementation, and
enforcement.
6.5.3 Annual Pretreatment Program Report
The permittee shall evaluate the pretreatment program, and submit the Pretreatment Program Report to the
Department on forms provided or approved by the Department by March 31 annually, unless an alternate submittal
date is approved. The report shall include a brief summary of the work performed during the preceding calendar year,
including the numbers of discharge permits issued and in effect, pollution prevention activities, number of inspections
and monitoring surveys conducted, budget and personnel assigned to the program, a general discussion of program
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
32
progress in meeting the objectives of the permittee's pretreatment program together with summary comments and
recommendations.
6.5.4 Pretreatment Program Modifications
Future Modifications: The permittee shall within one year of any revisions to federal or state General Pretreatment
Regulations submit an application to the Department in duplicate to modify and update its approved pretreatment
program to incorporate such regulatory changes as applicable to the permittee. Additionally, the Department or the
permittee may request an application for program modification at any time where necessary to improve program
effectiveness based on program experience to date.
Modifications Subject to Department Approval: The permittee shall submit all proposed pretreatment program
modifications to the Department for determination of significance and opportunity for comment in accordance with
the requirements and conditions of s. NR 211.27, Wis. Adm. Code. Any substantial proposed program modification
shall be subject to Department public noticing and formal approval prior to implementation. A substantial program
modification includes, but is not limited to, changes in enabling legal authority to administer and enforce pretreatment
conditions and requirements; significant changes in program administrative or operational procedures; significant
reductions in monitoring frequencies; significant reductions in program resources including personnel commitments,
equipment, and funding levels; changes (including any relaxation) in the local limitations for substances enforced and
applied to users of the sewerage treatment works; changes in treatment works sludge disposal or management
practices which impact the pretreatment program; or program modifications which increase pollutant loadings to the
treatment works. The Department shall use the procedures outlined in s. NR 211.30, Wis. Adm. Code for review and
approval/denial of proposed pretreatment program modifications. The permittee shall comply with local public
participation requirements when implementing the pretreatment program.
6.5.5 Program Resources
The permittee shall have sufficient resources and qualified personnel to carry out the pretreatment program
responsibilities as listed in ss. NR 211.22 and NR 211.23, Wis. Adm. Code.
6.6 Land Application Requirements
6.6.1 Sludge Management Program Standards and Requirements Based Upon
Federally Promulgated Regulations
In the event that new federal sludge standards or regulations are promulgated, the permittee shall comply with the new
sludge requirements by the dates established in the regulations, if required by federal law, even if the permit has not
yet been modified to incorporate the new federal regulations.
6.6.2 General Sludge Management Information
The General Sludge Management Form 3400-48 shall be completed and submitted prior to any significant sludge
management changes.
6.6.3 Sludge Samples
All sludge samples shall be collected at a point and in a manner which will yield sample results which are
representative of the sludge being tested, and collected at the time which is appropriate for the specific test.
6.6.4 Land Application Characteristic Report
Each report shall consist of a Characteristic Form 3400-49 and Lab Report. The Characteristic Report Form 3400-49
shall be submitted electronically by January 31 following each year of analysis.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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Following submittal of the electronic Characteristic Report Form 3400-49, this form shall be certified electronically
via the ‘eReport Certify’ page by a responsible executive or municipal officer, manager, partner or proprietor as
specified in s. 283.37(3), Wis. Stats., or a duly authorized representative of the officer, manager, partner or proprietor
that has been delegated signature authority pursuant to s. NR 205.07(1)(g)2, Wis. Adm. Code. The ‘eReport Certify’
page certifies that the electronic report is true, accurate and complete. The Lab Report must be sent directly to the
facility’s DNR sludge representative or basin engineer unless approval for not submitting the lab reports has been
given.
The permittee shall use the following convention when reporting sludge monitoring results: Pollutant concentrations
less than the limit of detection shall be reported as < (less than) the value of the limit of detection. For example, if a
substance is not detected at a detection limit of 1.0 mg/kg, report the pollutant concentration as < 1.0 mg/kg .
All results shall be reported on a dry weight basis.
6.6.5 Calculation of Water Extractable Phosphorus
When sludge analysis for Water Extractable Phosphorus is required by this permit, the permittee shall use the
following formula to calculate and report Water Extractable Phosphorus:
Water Extractable Phosphorus (% of Total P) =
[Water Extractable Phosphorus (mg/kg, dry wt) ÷ Total Phosphorus (mg/kg, dry wt)] x 100
6.6.6 Monitoring and Calculating PCB Concentrations in Sludge
When sludge analysis for “PCB, Total Dry Wt” is required by this permit, the PCB concentration in the sludge shall
be determined as follows.
Either congener-specific analysis or Aroclor analysis shall be used to determine the PCB concentration. The permittee
may determine whether Aroclor or congener specific analysis is performed. Analyses shall be performed in
accordance with the following provisions and Table EM in s. NR 219.04, Wis. Adm. Code.
EPA Method 1668 may be used to test for all PCB congeners. If this method is employed, all PCB
congeners shall be delineated. Non-detects shall be treated as zero. The values that are between the limit
of detection and the limit of quantitation shall be used when calculating the total value of all congeners.
All results shall be added together and the total PCB concentration by dry weight reported. Note: It is
recognized that a number of the congeners will co-elute with others, so there will not be 209 results to
sum.
EPA Method 8082A shall be used for PCB-Aroclor analysis and may be used for congener specific
analysis as well. If congener specific analysis is performed using Method 8082A, the list of congeners
tested shall include at least congener numbers 5, 18, 31, 44, 52, 66, 87, 101, 110, 138, 141, 151, 153, 170,
180, 183, 187, and 206 plus any other additional congeners which might be reasonably expected to occur
in the particular sample. For either type of analysis, the sample shall be extracted using the Soxhlet
extraction (EPA Method 3540C) (or the Soxhlet Dean-Stark modification) or the pressurized fluid
extraction (EPA Method 3545A). If Aroclor analysis is performed using Method 8082A, clean up steps
of the extract shall be performed as necessary to remove interference and to achieve as close to a limit of
detection of 0.11 mg/kg as possible. Reporting protocol, consistent with s. NR 106.07(6)(e), should be as
follows: If all Aroclors are less than the LOD, then the Total PCB Dry Wt result should be reported as
less than the highest LOD. If a single Aroclor is detected then that is what should be reported for the
Total PCB result. If multiple Aroclors are detected, they should be summed and reported as Total PCBs.
If congener specific analysis is done using Method 8082A, clean up steps of the extract shall be
performed as necessary to remove interference and to achieve as close to a limit of detection of 0.003
mg/kg as possible for each congener. If the aforementioned limits of detection cannot be achieved after
using the appropriate clean up techniques, a reporting limit that is achievable for the Aroclors or each
congener for the sample shall be determined. This reporting limit shall be reported and qualified
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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indicating the presence of an interference. The lab conducting the analysis shall perform as many of the
following methods as necessary to remove interference:
3620C – Florisil 3611B - Alumina
3640A - Gel Permeation 3660B - Sulfur Clean Up (using copper shot instead of powder)
3630C - Silica Gel 3665A - Sulfuric Acid Clean Up
6.6.7 Annual Land Application Report
Land Application Report Form 3400-55 shall be submitted electronically by January 31, each year whether or not
non-exceptional quality sludge is land applied. Non-exceptional quality sludge is defined in s. NR 204.07(4), Wis.
Adm. Code. Following submittal of the electronic Annual Land Application Report Form 3400-55, this form shall be
certified electronically via the ‘eReport Certify’ page by a responsible executive or municipal officer, manager,
partner or proprietor as specified in s. 283.37(3), Wis. Stats., or a duly authorized representative of the officer,
manager, partner or proprietor that has been delegated signature authority pursuant to s. NR 205.07(1)(g)2, Wis. Adm.
Code. The ‘eReport Certify’ page certifies that the electronic report form is true, accurate and complete.
6.6.8 Other Methods of Disposal or Distribution Report
The permittee shall submit electronically the Other Methods of Disposal or Distribution Report Form 3400-52 by
January 31, each year whether or not sludge is hauled, landfilled, incinerated, or exceptional quality sludge is
distributed or land applied. Following submittal of the electronic Report Form 3400-52, this form shall be certified
electronically via the ‘eReport Certify’ page by a responsible executive or municipal officer, manager, partner or
proprietor as specified in s. 283.37(3), Wis. Stats., or a duly authorized representative of the officer, manager, partner
or proprietor that has been delegated signature authority pursuant to s. NR 205.07(1)(g)2, Wis. Adm. Code. The
‘eReport Certify’ page certifies that the electronic report form is true, accurate and complete.
6.6.9 Approval to Land Apply
Bulk non-exceptional quality sludge as defined in s. NR 204.07(4), Wis. Adm. Code, may not be applied to land
without a written approval letter or Form 3400-122 from the Department unless the Permittee has obtained permission
from the Department to self-approve sites in accordance with s. NR 204.06 (6), Wis. Adm. Code. Analysis of sludge
characteristics is required prior to land application. Application on frozen or snow covered ground is restricted to the
extent specified in s. NR 204.07(3) (l), Wis. Adm. Code.
6.6.10 Soil Analysis Requirements
Each site requested for approval for land application must have the soil tested prior to use. Each approved site used
for land application must subsequently be soil tested such that there is at least one valid soil test in the four years prior
to land application. All soil sampling and submittal of information to the testing laboratory shall be done in
accordance with UW Extension Bulletin A-2100. The testing shall be done by the UW Soils Lab in Madison or
Marshfield, WI or at a lab approved by UW. The test results including the crop recommendations shall be submitted
to the DNR contact listed for this permit, as they are available. Application rates shall be determined based on the
crop nitrogen recommendations and with consideration for other sources of nitrogen applied to the site.
6.6.11 Land Application Site Evaluation
For non-exceptional quality sludge, as defined in s. NR 204.07(4), Wis. Adm. Code, a Land Application Site Request
Form 3400-053 shall be submitted to the Department for the proposed land application site. The Department will
evaluate the proposed site for acceptability and will either approve or deny use of the proposed site. The permittee
may obtain permission to approve their own sites in accordance with s. NR 204.06(6), Wis. Adm. Code.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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6.6.12 Class B Sludge: Anaerobic Digestion
Treat the sludge in the absence of air for a specific mean cell residence time at a specific temperature. Values for the
mean cell residence time and temperature shall be between 15 days at 35 C to 55 C and 60 days at 20 C. Straight-
line interpolation to calculate mean cell residence time is allowable when the temperature falls between 35 C and 20
C.
6.6.13 Vector Control: Volatile Solids Reduction
The mass of volatile solids in the sludge shall be reduced by a minimum of 38% between the time the sludge enters
the digestion process and the time it either exits the digester or a storage facility. For calculation of volatile solids
reduction, the permittee shall use the Van Kleeck equation or one of the other methods described in "Determination of
Volatile Solids Reduction in Digestion" by J.B. Farrell, which is Appendix C of EPA's Control of Pathogens in
Municipal Wastewater Sludge (EPA/625/R-92/013). The Van Kleeck equation is:
VSR% = VSIN - VSOUT X 100
VSIN - (VSOUT X VSIN)
Where: VSIN = Volatile Solids in Feed Sludge (g VS/g TS)
VSOUT = Volatile Solids in Final Sludge (g VS/g TS)
VSR% = Volatile Solids Reduction, (Percent)
6.6.14 Class B Sludge - Vector Control: Incorporation
Class B sludge shall be incorporated within 6 hours of surface application, or as approved by the Department.
6.6.15 Landfilling of Sludge
General: Sewage sludge may not be disposed of in a municipal solid waste landfill unless the landfill meets the
requirements of chs. NR 500 to 536, Wis. Adm. Code, and is an approved facility as defined in s. 289.01(3), Wis.
Stats. Any facility accepting sewage sludge shall be approved by the Department in writing to accept sewage sludge.
Disposal of sewage sludge in a municipal solid waste landfill shall be in accordance with ss. NR 506.13 and 506.14.
Sewage sludge may not be disposed of in a surface disposal unit as defined in s. NR 204.03(62).
Approval: The permittee shall obtain approval from the Department prior to the disposal of sludge at a Wisconsin
licensed landfill.
6.6.16 Sludge Landfilling Reports
The permittee shall report the volume of sludge disposed of at any landfill facility on Form 3400-52. The permittee
shall include the name and address of the landfill, the Department license number or other state's designation or
license number for all landfills used during the report period and a letter of acceptability from the landfill owner. In
addition, any permittee utilizing landfills as a disposal method shall submit to the Department any test results used to
indicate acceptability of the sludge at a landfill. Form 3400-52 shall be submitted annually by January 31, each year
whether or not sludge is landfilled.
6.6.17 Land Application of Sludge Which Contains Elevated Levels of Radium-226
When contributory water supplies exceed 2 pci per liter of Radium 226, monitoring for Radium 226 in sludge is
required. Sludge containing Radium 226 shall be land applied in accordance with the requirements in s. NR
204.07(3)(n), Wis. Adm. Code.
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
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7 Summary of Reports Due
FOR INFORMATIONAL PURPOSES ONLY
Description Date Page
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Final Compliance Alternatives Plan
December 31, 2021 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Facility Plan
June 30, 2022 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Final Plans and Specifications
December 31, 2022 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Progress Report #1
June 30, 2023 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Progress Report #2
June 30, 2024 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Complete Actions
December 31, 2024 15
TMDL Water Quality Based Effluent Limits (WQBELs) for Total
Phosphorus -Phosphorus TMDL Effective
January 1, 2025 15
Mercury Pollutant Minimization Program -Annual Mercury Progress
Reports
June 30, 2019 15
Mercury Pollutant Minimization Program -Certified Collection System
Operator-in-Charge
December 31, 2023 16
Mercury Pollutant Minimization Program -Annual Mercury Progress Report
#2
June 30, 2020 16
Mercury Pollutant Minimization Program -Annual Mercury Progress Report
#3
June 30, 2021 16
Mercury Pollutant Minimization Program -Annual Mercury Progress Report
#4
June 30, 2022 16
Mercury Pollutant Minimization Program -Final Mercury Report June 30, 2023 16
Mercury Pollutant Minimization Program -Annual Mercury Reports After
Permit Expiration
See Permit 16
Certified Collection System Operator -Certified Collection System
Operator-in-Charge
December 31, 2023 16
Compliance Maintenance Annual Reports (CMAR) by June 30, each year 20
Industrial User Compliance Evaluation and Violation Reports Semiannual 31
Pretreatment Program Report Annually 31
General Sludge Management Form 3400-48 prior to any
significant sludge
management changes
32
WPDES Permit No. WI-0025038-09-1
City of Oshkosh
37
Characteristic Form 3400-49 and Lab Report by January 31
following each year
of analysis
32
Land Application Report Form 3400-55 by January 31, each
year whether or not
non-exceptional
quality sludge is land
applied
34
Other Methods of Disposal or Distribution Report Form 3400-52 by January 31, each
year whether or not
sludge is hauled,
landfilled,
incinerated, or
exceptional quality
sludge is distributed
or land applied
34
Wastewater Discharge Monitoring Report no later than the date
indicated on the form
19
Report forms shall be submitted electronically in accordance with the reporting requirements herein. Any facility
plans or plans and specifications for municipal, industrial, industrial pretreatment and non-industrial wastewater
systems shall be submitted to the Bureau of Water Quality, P.O. Box 7921, Madison, WI 53707-7921. All other
submittals required by this permit shall be submitted to:
Northeast Region - Oshkosh, 625 E. CTY RD Y, Suite 700, Oshkosh, WI 54901