Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 106 - Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters › Subchapter II - General Procedures for Effluent Limitations › Section NR 106.04 - General

Current through June 24, 2024
(1) The department shall establish water
				  quality-based effluent limitations whenever categorical effluent limits
				  required under s.
				  283.13,
				  Stats., are less stringent than necessary to achieve applicable water quality
				  standards specified in chs.
				  NR 102 to 105. Water quality-based
				  effluent limitations for a point source shall be specified in the permit for
				  that point source.
(2) In no case
				  may the water quality based effluent limitations be less stringent than
				  applicable categorical effluent limitations.
(3) The department shall establish
				  limitations for toxic and organoleptic substances if any of the conditions
				  specified in s.
				  NR
				  106.05 are met. Limitations shall be established
				  according to the methods provided in s.
				  NR
				  106.06 and included in WPDES permits according to the
				  conditions provided in s.
				  NR
				  106.07. The department shall establish limitations for
				  whole effluent toxicity if any of the conditions specified in s.
				  NR
				  106.08 are met. Whole effluent limitations shall be
				  established and included in WPDES permits according to the methods provided in
				  ss.
				  NR
				  106.08 and
				  106.09.
(3m) In lieu of imposing limitations at the
				  point of discharge when imposition of limitations at the point source discharge
				  location is impracticable or infeasible, the department may impose water
				  quality-based effluent limitations on an internal waste stream before that
				  waste stream mixes with other waste streams or cooling water streams.
				  Monitoring requirements as specified in s.
				  NR
				  106.07(1) shall also be applied to
				  the internal waste streams in these instances.
(4) Water quality based effluent limitations
				  or monitoring requirements for toxic or organoleptic substances or whole
				  effluent toxicity may be removed from a permit, subject to public notice and
				  opportunity for hearing under ch. NR 203, if the limitation is determined to be
				  unnecessary based on the procedures presented in this chapter or based on other
				  information available to the department.
(5) For purposes of this chapter, a
				  cost-effective pollutant minimization program is an activity which has as its
				  goal the reduction of all potential sources of the pollutant for the purpose of
				  maintaining the effluent at or below the water quality based effluent
				  limitation. The pollutant minimization programs specified in ss.
				  NR
				  106.05(8),
				  106.06(6) (d),
				  106.07(6) (f) and
				  106.145(7) shall
				  include investigation of treatment technologies and efficiencies, process
				  changes, wastewater reuse or other pollution prevention techniques that are
				  appropriate for that facility, taking account of the permittee's overall
				  treatment strategies, facilities plans and operational circumstances. Past
				  documented pollution prevention or treatment efforts may be used to satisfy all
				  or part of a pollution minimization program requirement. The permittee shall
				  submit to the department an annual status report on the progress of a pollutant
				  minimization program.