reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 80 - Use of pesticides on land and water areas of the state of Wisconsin › Section NR 80.01 - Definitions

Current through June 24, 2024
As used in these rules, the following terms mean:
(1) "Pesticide review board" means the board
				created by s.
				15.195,
				Stats.
(2) "Pesticide" has the
				meaning designated in s.
				94.67,
				Stats.
(3) "Department" means the
				department of natural resources.
(4) "Limited use pesticide" means a pesticide
				which under certain conditions or usages constitutes a serious hazard to wild
				animals other than those it is intended to control. The following is a list of
				such pesticides:
(a) Aldrin
(f) DDD (TDE)
(k) Lindane
(b) Alkyl mercury compounds
(g) DDT
(L) Solium fluroacete
(c) BHC
(h) Dieldrin
(m) Strychnine
(d) Cadmium
(i) Endrin
(n) Thallium sulfate
(e) Chromium
(j) Heptachlor
(o) Tributyltin compounds/or ganotin
								derivatives
(5)
				"Registration" means compliance with the provisions of s.
				94.68,
				Stats.
(6) "Applications" means the
				use of a pesticide in any manner whatsoever but excluding pesticide
				manufacturing or formulating processes.
(7) "Rate of application" means the total
				amount of actual toxicant (not formulation) applied per unit area and
				ordinarily expressed in pounds per acre or in reference to shade trees or other
				trees treated individually in weight of actual toxicant per tree.
(8) "Description of area to be treated" means
				the description for rural area by township, range, section and forty; for urban
				area, by the legal description.
(9)
				"Use" means the application of a pesticide outdoors in such manner that it will
				be introduced into and become part of the natural environment. Use of the
				material within buildings or for termite control in the vicinity of buildings
				is excluded from the meaning of this term.
(10) "Waters of the state" includes those
				portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers,
				streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
				drainage systems and other surface or ground water, natural or artificial,
				public or private, within the state or its jurisdiction.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 80 - Use of pesticides on land and water areas of the state of Wisconsin › Section NR 80.03 - Exemptions

Current through June 24, 2024
The following exemptions shall apply only if adequate safety
				  precautions for the protection of wild animals are followed in each
				  case.
(1) Pesticide usage which does
				not involve use as defined in s.
				NR
				80.01(9) is exempt from the
				provisions of this chapter.
(2) The
				control of rats, mice and bats with pesticides including limited use
				pesticides, in and around human habitations, farm buildings, warehouses,
				storage facilities, including open storage areas, shipping facilities, solid
				waste disposal sites, sewers, orchards and other areas where rats, mice and
				bats constitute a sanitation, agricultural or public health nuisance are exempt
				from the provisions of this chapter providing that:
(a) The pesticides employed are registered by
				the department of agriculture, trade and consumer protection under s.
				94.68,
				Stats., and are used strictly according to label directions and in accordance
				with ch. ATCP 29.
(b) The carcasses
				of animals destroyed under this section shall, whenever possible, be disposed
				of in such a manner that wildlife and domestic animals will not have access to
				such carcasses.
Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 85 - Walleye Production Grants

Current through June 24, 2024
Chapter
				  NR
				  85 was created by emergency rule. See EmR1320 for the
				  rule text and effective dates. Pursuant to s.
				  227.20(1),
				  Stats., emergency rules are not published in the Administrative Code. In the
				  event that Chapter
				  NR
				  85 is promulgated as a permanent rule, the text of
				  Chapter
				  NR
				  85, as contained in the permanent rule, will be
				  inserted in the Administrative Code on the effective date of the permanent
				  rule.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 100 - Environmental protection › Section NR 100.02 - Inorganic mercury compounds and metal mercury

Current through June 24, 2024
The discharge of inorganic mercury compounds and metallic
				  mercury to the waters of the state shall not exceed the background level by
				  more than 0.05 pound per 1,000,000 gallons of effluent discharged. The maximum
				  discharge of inorganic mercury compounds and metallic mercury shall be 0.15
				  pound of mercury per day averaged over a 30-day period; however, in any one day
				  there shall not be a discharge in excess of 0.50 pound.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 101 - Reports and fees for wastewater discharges › Section NR 101.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish, pursuant to s.
				  299.15,
				  Stats., requirements for submission of reports and payment of wastewater fees
				  by persons discharging industrial or municipal wastewaters or other discharges
				  requiring a WPDES permit.
This chapter does not establish any limitations on
					 discharges of wastewaters. Persons owning or operating facilities having such
					 discharges remain subject to any lawful limitations on such discharges imposed
					 in accordance with federal, state or local regulatory programs. Air emissions
					 fee and reporting requirements are contained in chs.
					 NR 410 and
					 438,
					 respectively.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 101 - Reports and fees for wastewater discharges › Section NR 101.02 - Applicability

Current through June 24, 2024
The provisions of this chapter are applicable to persons
				  required to submit reports to the department as set forth in s.
				  NR
				  101.11. This section requires reports of discharges of
				  industrial wastes and toxic and hazardous substances which exceed specified
				  reporting levels.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 101 - Reports and fees for wastewater discharges › Section NR 101.11 - Required wastewater reports

Current through June 24, 2024
The reporting requirements of the WPDES permit, for
				  discharges to surface or ground waters, or requirements promulgated under s.
				  283.21(2),
				  Stats., for discharges to a publicly owned treatment works, shall be used as
				  the reporting requirements under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 101 - Reports and fees for wastewater discharges › Section NR 101.12 - WPDES information reporting

Current through June 24, 2024
The department shall calculate effluent quantities for those
				  pollutants whose discharge is regulated by the WPDES permit:
(1) The department shall use the reports
				submitted under the reporting requirements of the permit for each calendar
				year.
(2) For the purposes of this
				section, an analytic result reported as less than the limit of quantitation
				shall be applied as a zero result.
(3) The daily flow to be used in calculating
				effluent quantities shall be one of the following:
(a) The monthly average flow, for persons
				required to monitor daily flows and report monthly average flows.
(b) The daily flow, for persons required to
				monitor weekly, monthly or quarterly flows and report daily flows.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.01 - Purpose

Current through June 24, 2024
(1) The purpose of this chapter is to
				  establish, in conjunction with chs. NR 103 to 105, water quality standards for
				  surface waters of the state pursuant to s.
				  281.15,
				  Stats. This chapter describes the designated use categories for such waters and
				  the water quality criteria necessary to support these uses. This
				  chapter
,
chs. NR 103 to 105, and ch. NR 119 constitute the
				  water quality standards for the surface waters of Wisconsin.
(2) The long-range goal of Wisconsin water
				  quality standards is to protect the use of water resources for all lawful
				  purposes. Water quality standards shall protect the public interest, which
				  includes the protection of public health and welfare and the present and
				  prospective uses of all waters of the state for public and private water
				  supplies, propagation of fish and other aquatic life and wild and domestic
				  animals, domestic and recreational purposes, and agricultural, commercial,
				  industrial, and other legitimate uses. In all cases where the potential uses
				  are in conflict, water quality standards shall protect the general public
				  interest.
(3) Water quality
				  standards serve as a basis for developing and implementing control strategies
				  to achieve legislative policies and goals. Water quality standards are the
				  basis for deriving water quality based effluent limitations and the limitations
				  shall be determined to attain and maintain uses and criteria, unless more
				  stringent effluent limitations are established to protect downstream waters.
				  Water quality standards also serve as a basis for decisions in other
				  regulatory, permitting or funding activities that impact water
				  quality.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.04 - Categories of surface water uses and criteria

Current through June 24, 2024
(1) GENERAL. To
				  preserve and enhance the quality of waters, 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
				  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.
Note:
For levels of public health significance
					 for PFOA and PFOS, see s. NR 102.04 (8) (d) 1.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.05 - Application of standards

Current through June 24, 2024
(1)
				  ANTIDEGRADATION.
(a) No waters of the state
				  shall be lowered in quality unless it has been affirmatively demonstrated to
				  the department that such a change is justified as a result of necessary
				  economic and social development, provided that no new or increased effluent
				  interferes with or becomes injurious to any assigned uses made of or presently
				  possible in such waters.
(b)
Classification system.
For the purposes of this subsection,
				  all surface waters of the state, or portions thereof, shall be classified as
				  one of the following:
1. Outstanding resource
				  waters as listed in s.
				  NR
				  102.10,
2.
				  Exceptional resource waters as listed in s.
				  NR
				  102.11,
3.
				  Great Lakes system waters as listed in s.
				  NR
				  102.12(1),
4. Fish and aquatic life waters as described
				  in s.
				  NR
				  102.13, or
5. Waters listed in tables 3 through 8 in ss.
				  NR
				  104.05 to
				  104.10.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.06 - Phosphorus

Current through June 24, 2024
(1) GENERAL. This section identifies the
				  water quality criteria for total phosphorus that shall be met in surface
				  waters. Assessment procedures for waterbodies are specified in ss.
				  NR
				  102.07 and
				  102.60.
(2) DEFINITIONS. In this section, the
				  following definitions apply:
(b) "Ephemeral
				  stream" means a channel or stream that only carries water for a few days during
				  and after a rainfall or snowmelt event and does not exhibit a flow during other
				  periods, and includes, but is not limited to, grassed waterways, grassed
				  swales, and areas of channelized flow as defined in s.
				  NR 243.03
				  (7).
(c) "Mean water residence time" means the
				  amount of time that a volume of water entering a waterbody will reside in that
				  waterbody.
(d) "Nearshore waters"
				  means all waters of Lake Michigan or Lake Superior within the jurisdiction of
				  the State of Wisconsin in the zone extending from the shore to a depth of 10
				  meters, based on the long-term mean elevation for Lake Superior of 183.4 meters
				  (601.7 feet) and for Lake Michigan of 176.5 meters (579.0 feet).
(e) "Open waters" mean all waters of Lake
				  Michigan or Lake Superior within the jurisdiction of the State of Wisconsin
				  with depths greater than nearshore waters.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.10 - Outstanding resource waters

Current through June 24, 2024
(1) The following
				  surface waters are designated as outstanding resource waters:
(a)
National wild and scenic
				  rivers.
All rivers designated under the national wild and scenic
				  rivers act, as amended,
				  16 USC
				  1271 to
				  1287,
				  except those portions flowing through Indian reservations, including:
1. St. Croix river between the northern
				  boundary of the Hudson city limits and the St. Croix flowage dam in Douglas
				  county except that the portion of the St. Croix river from the northern
				  boundary of the St. Croix Falls city limits to a distance one mile below the
				  STH 243 bridge at Osceola shall be classified exceptional resource waters under
				  s.
				  NR
				  102.11.
2.
				  Namekagon river between its confluence with the St. Croix river and the outlet
				  of Lake Namekagon in Bayfield county.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.12 - Great Lakes system

Current through June 24, 2024
(1) The Great Lakes system includes all the
				  surface waters within the drainage basin of the Great Lakes.
(2) For the purpose of administering ch. NR
				  207 and consistent with chs. NR 105 and
				  106, the waters identified in sub.
				  (1) are to be protected from the impacts of persistent, bioaccumulating toxic
				  substances by avoiding or limiting to the maximum extent practicable increases
				  in these substances.
(3) The
				  waters of the Lake Superior basin shall be managed to prevent any new or
				  increased discharges of the following pollutants: DDT, DDE and metabolites,
				  chlordane, toxaphene, hexachlorobenzene, 2,3,7,8 TCDD, octachlorostyrene,
				  mercury and PCB's. For purposes of administering ch. NR 207, new or increased
				  discharges of these pollutants shall be prohibited unless the applicant
				  certifies at time of application, that the new or increased discharge is
				  necessary after utilization of best technology in process or control using
				  waste minimization, pollution prevention, municipal pretreatment programs,
				  material substitution or other means of commercially available technologies
				  which have demonstrated capability for similar
				  applications.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter I - General › Section NR 102.13 - Fish and aquatic life waters

Current through June 24, 2024
All surface waters not included in s.
					 NR 102.05(1) (b)
					 1., 2., 3. or 5. are fish and aquatic life
					 waters.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.20 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to establish water
					 quality standards for temperature pursuant to s.
					 281.15(1),
					 Stats. Water quality standards for temperature shall protect fish and other
					 aquatic life from mortality, immobilization, loss of equilibrium, impaired
					 growth, adverse reproductive effects, and other sub-lethal
					 effects.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.22 - Definitions

Current through June 24, 2024
In this subchapter, the following definitions are
					 applicable to terms used:
(1) "Acute
				  effects" means any effect resulting in death or immobilization. For
				  temperature, the acute criteria of this subchapter are based on Upper Incipient
				  Lethal Temperature (UILT) values that are not representative of immediate
				  lethality.
(2) "cfs" means cubic
				  feet per second, usually pertaining to stream or effluent flow.
(3) "Cold shock" means exposure of aquatic
				  organisms to a rapid decrease in temperature and a sustained exposure to low
				  temperature that induces abnormal behavioral or physiological performance and
				  may lead to death.
(4) "Daily
				  maximum temperature" means the highest allowed water temperature for a calendar
				  day, outside a mixing zone allowed in this subchapter.
(5) "Great Lakes" means the open Wisconsin
				  waters of Lake Superior, Lake Michigan, Green Bay and Chequamegon Bay, as well
				  as adjoining open waters that exhibit characteristics of Lake Superior, Lake
				  Michigan, Green Bay or Chequamegon Bay, or in other ways are determined by the
				  department to be equivalent to these waters.
(6) "Maximum weekly average temperature"
				  means the highest allowed arithmetic mean of all daily maximum temperatures
				  during a calendar week, outside mixing zone allowed in this
				  subchapter.
(7) "mgd" means million
				  gallons per day.
(8) "Sub-lethal
				  effects" means effects resulting in inadequate gonad development, gamete
				  production and viability, spawning or growth.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.23 - Categories of standards applicable to temperature

Current through June 24, 2024
The department shall establish water quality standards for
					 temperature to protect the following:
(1) Public health and welfare uses, as
				  established in s.
				  NR
				  102.04(7) and (8).
(2) Fish and other aquatic life uses as
				  established in s.
				  NR
				  102.04(3). For exclusive purpose of
				  the application of water quality standards for temperature, the warm water
				  sport fish and warm water forage fish communities, as defined in s.
				  NR
				  102.04(3) (b) and (c), are treated
				  together as warm water communities.
(3) Great Lakes communities as defined in s.
				  NR
				  102.22(6). This use exists only for
				  the regulation of discharges of heat.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.24 - General water quality criteria for temperature

Current through June 24, 2024
(1) There may be no
				  temperature changes that may adversely affect aquatic life.
(2) Natural daily and seasonal temperature
				  fluctuations shall be maintained.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.245 - Temperature criteria for limited aquatic life communities

Current through June 24, 2024
(1) For the
				  purposes of temperature criteria, all surface waters classified as diffused
				  surface waters, wetlands and wastewater effluent channels, as defined in s.
				  NR
				  104.02(1), shall be characterized as
				  limited aquatic life communities.
(2) The department may, as appropriate,
				  characterize other surface waters not identified in sub. (1) as limited aquatic
				  life communities.
(3) The
				  temperature in waters classified as limited aquatic life shall be restricted as
				  follows:
(a) Temperatures at any point in
				  waters classified as wastewater effluent channels may not exceed
				  120°F.
(b) Temperatures at any
				  point in waters classified as wetlands shall not exceed the standards in ch. NR
				  103.
(c) Temperatures at any point
				  in waters not identified in par. (a) or (b) may not exceed 86°F.
				  Additionally, all conditions of ch. NR 103 shall be met.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.25 - Ambient temperatures and water quality criteria for the protection of fish and other aquatic life

Current through June 24, 2024
(1) GENERAL. In the absence of site-specific
				  ambient temperature data or water quality criteria as determine in s.
				  NR
				  102.26 or
				  102.27, respectively, the applicable
				  ambient temperatures, sub-lethal water quality criteria, and acute water
				  quality criteria shall be as specified in subs. (2) to (5). For determinations
				  made in subs. (2) to (5), all of the following conditions shall apply:
(a) The ambient temperature, sub-lethal water
				  quality criterion, and acute water quality criterion specified for any calendar
				  month shall be applied simultaneously to establish the protection needed for
				  each identified fish and other aquatic life use.
(b) Sub-lethal water quality criteria are to
				  be applied as maximum weekly average temperatures.
(c) Acute water quality criteria are to be
				  applied as daily maximum temperatures.
(d) Water quality criteria for temperature
				  shall be applied in accordance with the mixing zone provisions of s.
				  NR
				  102.05(3).
(e) Final acute and sub-lethal water quality
				  criteria for temperature specified in or developed pursuant to ss.
				  NR
				  102.24 to shall not 102.26 be exceeded at any point
				  outside the mixing zone. Additionally, site-specific mixing zone studies may be
				  required when deemed appropriate by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.26 - Site-specific ambient temperatures

Current through June 24, 2024
(1) DEVELOPMENT OF
				  SITE-SPECIFIC AMBIENT TEMPERATURES. An owner or operator of a facility with a
				  discharge subject to regulation under this chapter may submit a request to the
				  department for the determination of a site-specific ambient temperature. The
				  department may approve, disapprove or approve with modifications the request
				  for the site-specific ambient temperature. The request for site-specific
				  ambient temperatures shall include all of the following:
(a) A demonstration that the data used to
				  derive the ambient temperatures in s.
				  NR
				  102.25 do not apply to the specific water segment or
				  body in question.
(b) Site-specific
				  water temperature that represents the ambient temperature of the site. For
				  purposes of this paragraph, data must be:
1.
				  Collected daily using a continuous recorder or similar device that takes
				  measurements at least hourly, except as follows:
a. Monthly data sets may be missing no more
				  than 10 days of temperature data for the months of December through
				  February,
b. Monthly data sets may
				  be missing no more than 5 days of temperature data for the months of March
				  through November.
2.
				  Collected for each month in which the request for site-specific ambient
				  temperatures is requested,
3.
				  Collected at any time since October 1987,
4. Collected for at least 2 consecutive
				  years.
(c) Calculated
				  daily average temperatures from the data from par. (b).
(d) Calculated monthly average temperatures
				  from the daily average temperatures in par. (c) for each individual month that
				  data has been collected. Alternatively, calculated monthly average temperatures
				  directly from the data from par. (b) for each individual month.
(e) All individual monthly averages organized
				  by month.
(f) A determination of
				  the monthly site-specific ambient temperatures by calculating the geometric
				  mean of all monthly averages for each given month.
(g) Alternative methods for developing
				  site-specific ambient temperatures, if the department approves the method as
				  representative of ambient temperatures as those in pars. (a) to (d).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.27 - Site-specific water quality criteria

Current through June 24, 2024
(1) GENERAL. A
				  water quality criterion developed pursuant to this subchapter may be modified
				  by the department for a particular surface water segment or waterbody. The
				  site-specific water quality criterion shall only be applicable to the
				  identified surface water segment or body. The development of a site-specific
				  water quality criterion shall include all of the following:
(a) Information showing data used to derive
				  the water quality criterion do not apply to the specific water segment or
				  body.
(b) Consideration of the
				  guidance provided in Chapter 3.7 of the Water Quality Standards Handbook,
				  Second Edition, U.S. EPA, 8/15/1994.
(c) Information showing the site-specific
				  water quality criterion is consistent with the guidelines provided in sub.
				  (2).
(d) Any additional information
				  necessary to derive site-specific water quality criterion.
Note: Site-specific water quality criteria are subject to
					 U.S. Environmental Protection Agency approval under federal regulations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.28 - Cold shock standard

Current through June 24, 2024
Water temperatures of discharges shall be controlled in a
					 manner as to protect fish and aquatic life uses from the deleterious effects of
					 cold shock.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.29 - Rate of temperature change standard

Current through June 24, 2024
Temperature of a water of the state or a 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter II - Water Quality Standards For Temperature › Section NR 102.30 - Variances to water quality standards for temperature

Current through June 24, 2024
The provisions of ss.
					 283.15
					 and
					 283.17,
					 Stats., are applicable to the water quality standards in this
					 subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter III - Waterbody Assessments and Reporting › Section NR 102.50 - Waterbody assessments and reporting

Current through June 24, 2024
As required under sections 303 (d) and 305 (b) of the
					 Clean Water Act,
					 33 USC
					 1313(d) and
					 1315(b),
					 the department shall report to U.S. EPA on the status of the state's
					 waterbodies and attainment of water quality standards every two years.
					 Waterbody assessments are used to determine the condition of the state's
					 surface waters or segments thereof and whether waterbodies are attaining state
					 and federal surface water quality standards.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter III - Waterbody Assessments and Reporting › Section NR 102.53 - Reporting, public participation, and approvals

Current through June 24, 2024
(1) REPORT
				  DEVELOPMENT. For development of the biennial assessment report and section 303
				  (d) list, the department shall assemble, evaluate, and submit water
				  quality-related data, information, and assessment protocols to U.S.
				  EPA.
(2) PUBLIC PARTICIPATION.
(a) The department shall solicit assessment
				  data from citizens and partner groups prior to the waterbody assessment
				  process. Readily available data sets that meet minimum data requirements and
				  are submitted in the department's specified format during the biennial data
				  solicitation period shall be considered by the department when conducting
				  assessments.
(b) The department
				  shall hold a public informational hearing and a public comment period of at
				  least 30 days on the draft list of assessments and any proposed changes to the
				  section 303 (d) list. The department shall provide notice of the public
				  informational hearing and information regarding where written comments may be
				  submitted on its website and through an electronic notification system.
Note:
Prior to the data solicitation period
					 under par. (a), the department provides an opportunity for the public to
					 comment on the assessment guidance. The department generally responds to
					 comments received during the comment periods for the assessment guidance and
					 the draft section 303 (d) list. The department will provide a template for data
					 submittal on the department's waterbody assessment website. The public can
					 subscribe to the electronic notification system for the water quality standards
					 program on the department's home page at http:
//dnr.wi.gov/.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter III - Waterbody Assessments and Reporting › Section NR 102.54 - Biological assessment of designated uses

Current through June 24, 2024
Biological assessments conducted under this subchapter are
					 used to determine attainment of designated uses by documenting the health of
					 aquatic biological communities and any observed effects of degradation as
					 described under s. NR 102.51 (2) (b) 2. If a biological assessment threshold
					 under this subchapter is not attained, the waterbody may be considered as not
					 attaining the applicable designated use.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter III - Waterbody Assessments and Reporting › Section NR 102.55 - Narrative biological assessment thresholds for aquatic life uses

Current through June 24, 2024
(1) GENERAL.
				  This section establishes narrative biological assessment thresholds that
				  characterize the biological community condition and that are used to measure
				  attainment of aquatic life designated uses specified in s. NR 102.04 (3) for
				  surface waters. This section also establishes methods for evaluating attainment
				  of narrative assessment thresholds.
(2) NARRATIVE BIOLOGICAL ASSESSMENT
				  THRESHOLDS.
(a) The aquatic life uses under s.
				  NR 102.04 (3), except for those specified in s. NR 102.04 (3) (d) to (e), shall
				  be considered suitable for the protection and propagation of a balanced aquatic
				  life community. Those uses are intended to support the growth, development,
				  reproduction, and life cycle of the aquatic life communities for their
				  designated aquatic life use categories, although such waters may exhibit
				  moderate changes in aquatic life community structure due to loss of some rare
				  native taxa or shifts in relative abundance. In determining attainment of a
				  waterbody's designated uses, the department may compare its biological quality
				  to the range of quality found in similar waterbodies under natural conditions.
				  A waterbody with distinct natural characteristics that result in an aquatic
				  life community different from or less diverse than other waters in the same use
				  category may be considered attaining its aquatic life use if those differences
				  are clearly related to natural characteristics.
(b) A surface water that does not support a
				  balanced aquatic life community as designated under s. NR 102.04 (3) (d) to (e)
				  shall support its highest attainable use given its habitat and
				  potential.
(c) A surface water
				  shall maintain at least the highest biological condition it has achieved since
				  1975.
Note:
Paragraphs (b) and (c) reflect federal
					 requirements under 40 CFR s. 131.10(g), pertaining to highest attainable uses,
					 and 40 CFR s. 131.3(e), specifying November 28, 1975 as the benchmark date from
					 which to determine "existing uses" for aquatic life.
Note:
Examples of waterbodies with distinct
					 natural characteristics are wetland-dominated streams, naturally acidic bog
					 lakes, and ephemeral streams with only small areas of short-term refugia.
					 Biological condition assessments should not be conducted during periods when
					 there is insufficient water due to natural conditions to support aquatic
					 life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 102 - Water Quality Standards For Wisconsin Surface Waters › Subchapter III - Waterbody Assessments and Reporting › Section NR 102.56 - Numeric biological assessment thresholds for lakes, reservoirs and impounded flowing waters

Current through June 24, 2024
This section contains numeric biological assessment
					 thresholds for evaluating the biological condition of lakes, reservoirs, and
					 impounded flowing waters and determining whether applicable designated uses are
					 being attained. Numeric biological assessment thresholds used to assess
					 attainment of designated uses include all of the following:
(1) AQUATIC LIFE USE THRESHOLDS.
(a)
Chlorophyll a.
1. 'Assessment thresholds.'
a. A lake or reservoir other than a
				  stratified two-story fishery lake is not attaining its aquatic life use if its
				  arithmetic mean suspended chlorophyll
a
concentration exceeds
				  27 ug/L.
b. A two-story fishery
				  lake is not attaining its aquatic life use if its arithmetic mean suspended
				  chlorophyll
a
concentration exceeds 8 ug/L.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter I - Standards › Section NR 103.01 - Purpose

Current through June 24, 2024
(1) The purpose of this chapter is to
				  establish water quality standards for wetlands. Chapters
				  NR 102,
				  104 and 105 and this subchapter
				  provide water quality standards for waters of the state pursuant to s.
				  281.15(2)
				  (b), Stats.
(2) Water quality standards are intended to
				  protect public rights and interest, public health and welfare and the present
				  and prospective uses of all waters of the state for public and private water
				  supplies, propagation of fish and other aquatic life and wild and domestic
				  animals, preservation of natural flora and fauna, domestic and recreational
				  uses, and agricultural, commercial, industrial and other uses. In all cases
				  where the potential uses are in conflict, these water quality standards for
				  wetlands shall be administered to protect the general public
				  interest.
(3) This subchapter sets
				  forth the conditions necessary to protect water quality related functions and
				  values of wetlands including sediment and pollutant attenuation, storm and
				  flood water retention, hydrologic cycle maintenance, shoreline protection
				  against erosion, biological diversity and production and human uses such as
				  recreation.
(4) Water quality
				  standards serve as a basis for developing and implementing strategies to
				  achieve legislative policies and goals. These standards also serve as a basis
				  for decisions in regulatory, permitting, planning or funding activities that
				  impact water quality and which impact wetlands.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter I - Standards › Section NR 103.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Areas of special natural resource
				  interest" means areas as listed in s.
				  NR
				  103.04 recognized by the state or federal government
				  as possessing special ecological, cultural, aesthetic, educational,
				  recreational or scientific qualities.
(1m) "Artificial wetland" means a landscape
				  feature where hydrophytic vegetation may be present as a result of human
				  modifications to the landscape or hydrology and for which there is no prior
				  wetland or stream history.
(2)
				  "Farm pond" means any artificially created open water area used solely for the
				  purpose of watering livestock.
(3)
				  "Surface waters" means all natural and artificial named and unnamed lakes and
				  all naturally flowing streams within the boundaries of the state, but not
				  including cooling lakes, farm ponds and facilities constructed for the
				  treatment of wastewaters.
(4)
				  "Waters of the state" includes those portions of Lake Michigan and Lake
				  Superior within the boundaries of Wisconsin, and all lakes, bays, rivers,
				  streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses,
				  drainage systems and other surface or ground water, natural or artificial,
				  public or private, within the state or its jurisdiction.
(5) "Wetlands" means an area where water is
				  at, near or above the land surface long enough to be capable of supporting
				  aquatic or hydrophytic vegetation and which has soils indicative of wet
				  conditions.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter I - Standards › Section NR 103.03 - Wetland water quality standards

Current through June 24, 2024
(1) To protect,
				  preserve, restore and enhance the quality of waters in wetlands and other
				  waters of the state influenced by wetlands, the following water quality related
				  functional values or uses of wetlands, within the range of natural variation of
				  the affected wetland, shall be protected:
(a)
				  Storm and flood water storage and retention and the moderation of water level
				  fluctuation extremes;
(b)
				  Hydrologic functions including the maintenance of dry season streamflow, the
				  discharge of groundwater to a wetland, the recharge of groundwater from a
				  wetland to another area and the flow of groundwater through a
				  wetland;
(c) Filtration or storage
				  of sediments, nutrients or toxic substances that would otherwise adversely
				  impact the quality of other waters of the state;
(d) Shoreline protection against erosion
				  through the dissipation of wave energy and water velocity and anchoring of
				  sediments;
(e) Habitat for aquatic
				  organisms in the food web including, but not limited to fish, crustaceans,
				  mollusks, insects, annelids, planktonic organisms and the plants and animals
				  upon which these aquatic organisms feed and depend upon for their needs in all
				  life stages;
(f) Habitat for
				  resident and transient wildlife species, including mammals, birds, reptiles and
				  amphibians for breeding, resting, nesting, escape cover, travel corridors and
				  food; and
(g) Recreational,
				  cultural, educational, scientific and natural scenic beauty values and
				  uses.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter I - Standards › Section NR 103.04 - Wetlands in areas of special natural resource interest

Current through June 24, 2024
Wetlands in areas of special natural resource interest
					 includes those wetlands both within the boundary of designated areas of special
					 natural resource interest and those wetlands which are in proximity to or have
					 a direct hydrologic connection to such designated areas. For purposes of this
					 chapter, the following are designated as areas of special natural resource
					 interest:
(1) Cold water communities
				  as defined in s.
				  NR
				  102.04(3) (a), including all trout
				  streams and their tributaries and trout lakes;
(2) Lakes Michigan and Superior and the
				  Mississippi river;
(3) State and
				  federal designated wild and scenic rivers, designated state riverways and state
				  designated scenic urban waterways, s.
				  30.26, Stats., ch. NR
				  302,
				  16 USC
				  1271 to
				  1287,
				  ss.
				  30.40 to
				  30.49, Stats., and s.
				  30.275,
				  Stats.;
(4) Unique and significant
				  wetlands identified in special area management plans (SAMP), special wetland
				  inventory studies (SWIS), advanced delineation and identification studies
				  (ADID) and areas designated by the United States environmental protection
				  agency under section 404(c),
				  33 USC
				  1344(c);
(5) Calcareous fens;
(6) Habitat used by state or federally
				  designated threatened or endangered species, s.
				  29.604,
				  Stats., ch. NR 27 and
				  16
				  USC 1531 to
				  1543;
(7) State parks, forests, trails and
				  recreation areas;
(8) State and
				  federal fish and wildlife refuges and fish and wildlife management
				  areas;
(9) State and federal
				  designated wilderness areas (
				  16 USC
				  1131 to
				  1135
				  and s.
				  NR
				  1.415 );
(10) Designated or dedicated state natural
				  areas established under ss.
				  23.27
				  to
				  23.29,
				  Stats.;
(11) Wild rice waters;
				  and
(12) Any other surface waters
				  identified as outstanding or exceptional resource waters in ch. NR
				  102.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter II - Implementation › Section NR 103.05 - Purpose

Current through June 24, 2024
(1) The purpose of this subchapter is to
				  establish implementation procedures for application of the wetland water
				  quality standards contained in subch. I.
(2) Whenever the procedures of this
				  subchapter are applicable to an activity, they shall supersede the regulatory
				  provisions of s.
				  NR
				  1.95(5).
Note:
					 NR
					 1.95(5) was repealed eff.
					 8-1-01.
(3) These
				  procedures are promulgated under ss.
				  281.11,
				  281.12(1),
				  281.15,
				  281.36,
				  281.37, and
				  283.001,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter II - Implementation › Section NR 103.06 - Applicability

Current through June 24, 2024
The provisions of this chapter shall, subject to the
					 provisions below, apply to all department regulatory, planning, resource
					 management, liaison and financial aid determinations that affect wetlands. This
					 chapter shall only apply to specific activities which may require authorization
					 or reauthorization after August 1, 1991 and which are subject to the
					 requirements of statute or rules requiring a department determination
					 concerning effects on water quality or wetlands.
(1) Activities subject to the requirements of
				  this chapter include, but are not limited to:
(a) Permits, reviews, approvals and other
				  actions under chs. 23 and 26 to 31, Stats.;
(b) Permits and approvals under chs. 281,
				  283, 289 and 291, Stats., except as provided in sub. (3);
(c) Water quality certification under ch. NR
				  299;
(d) Permits and approvals
				  under chs.
				  NR 500 to
				  520;
(e) Department development and management
				  projects; and
(f) Actions under ch.
				  NR 120.