reglab/statecodes huggingface dataset:
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 VI - Alternative Effluent Limitations for Temperature › Section NR 106.74 - Determination of alternative effluent limitations for temperature

Current through June 24, 2024
(1) NEW DISCHARGES.
				  Alternative effluent limitations for temperature may be established by the
				  department for a new discharge if the permittee demonstrates that the
				  discharge, considering the cumulative impact of the thermal discharge together
				  with all other significant impacts on the species affected will assure the
				  protection and propagation of representative, important species and will, in
				  turn, assure the protection and propagation of a balanced, indigenous community
				  of shellfish, fish, and aquatic life in and on the body of receiving
				  water.
(2) EXISTING DISCHARGES.
				  Alternative effluent limitations for temperature may be established by the
				  department for an existing discharge if the permittee has demonstrated either
				  of the following:
(a) No appreciable harm has
				  resulted from the thermal component of the discharge, taking into account the
				  interaction of the component with other pollutants and the additive effect of
				  other thermal discharges, to the representative, important species and a
				  balanced, indigenous community of shellfish, fish, and wildlife in and on the
				  body of water receiving the discharge.
(b) That despite the occurrence of previous
				  appreciable harm, alternative effluent limitations for temperature will assure
				  the protection and propagation of the representative, important species and a
				  balanced, indigenous community of shellfish, fish and wildlife in and on the
				  body of water into receiving the discharge, taking into account the interaction
				  of the thermal component with other pollutants and the additive effect of other
				  thermal discharges.
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 VI - Alternative Effluent Limitations for Temperature › Section NR 106.75 - Compliance schedules

Current through June 24, 2024
Whenever the department issues or modifies a permit with
					 alternative effluent limitations for temperature established using the
					 procedures in this subchapter, the permit may contain a compliance schedule
					 consistent with the provisions in s.
					 NR
					 106.117 to attain such limitations. The permittee
					 shall achieve compliance with the limitations as soon as reasonably possible,
					 but no later than the expiration date of the permit.
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 VI - Alternative Effluent Limitations for Temperature › Section NR 106.76 - Public notice

Current through June 24, 2024
The public notice of intent to issue, reissue, or modify a
					 permit with alternative effluent limitations established under this subchapter
					 shall contain all of the following:
(1) The effluent temperature limitations that
				  are calculated using the procedures specified in subch. V.
(2) The proposed alternative effluent
				  limitations for temperature.
(3) A
				  statement that the applicant has submitted a demonstration in support of a
				  request for alternative effluent limitations for temperature and that the
				  department is proposing to establish such alternative effluent limitations for
				  temperature or, in the event that at the time of permit issuance, reissuance or
				  modification there is insufficient information to support alternative effluent
				  limitations for temperature, that the department is proposing to include a
				  compliance schedule in the permit.
(4) A statement that all data submitted by
				  the applicant and a summary of the data are available at the offices of the
				  department for public inspection during office hours.
(5) A statement that any interested person
				  may comment upon the applicant's proposed alternative effluent limitations for
				  temperature.
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 VI - Alternative Effluent Limitations for Temperature › Section NR 106.77 - Application of the variance process in s. 283.15, Stats

Current through June 24, 2024
283.15,
					 Stats. Whenever a permittee has been granted alternative effluent limitations
					 for temperature under this chapter, the procedures of s.
					 283.15, Stats., are not
					 applicable.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.80 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to specify how the
					 department will regulate the discharge of chloride to surface waters of the
					 state. Nothing in this subchapter shall be construed to prevent or prohibit the
					 use, sale, rental, installation, and service of ion exchange water
					 softeners.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.81 - Applicability

Current through June 24, 2024
The provisions of this subchapter are applicable to point
					 sources which discharge wastewater containing chloride to surface waters of the
					 state. The provisions of this subchapter are not applicable to discharges of
					 storm water run-off regulated by a storm water permit.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.82 - Definitions

Current through June 24, 2024
(1) "Calculated limitation" means a chloride
				  water quality-based effluent limitation.
(2) "Consistently meet" means that 95% of the
				  representative effluent data are less than the calculated limitation.
(3) "DIR" means demand initiated
				  regeneration.
(4) "Daily maximum
				  interim limitation" means an effluent limitation calculated by the department
				  which may be either:
(a) The upper 99th
				  percentile of the permittee's representative data available to the department,
				  or
(b) A value no greater than 105%
				  of the permittee's highest representative effluent datum.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.83 - Regulation of chloride discharges

Current through June 24, 2024
(1) CHLORIDE
				  EFFLUENT LIMITATIONS. The department shall evaluate the need to establish
				  effluent limitations for chloride whenever representative effluent data
				  indicate that the discharge from a point source contains chloride. If the
				  department determines that a water quality-based effluent limitation for
				  chloride is needed, a calculated limitation as defined in s.
				  NR
				  106.82(1) shall be included in the
				  permit to meet the applicable water quality standards specified in chs.
				  NR 102 to 105, unless a chloride
				  variance is given pursuant to sub. (2).
(2) CHLORIDE VARIANCE.
(a)
Findings.
On February 1,
				  2000, the department finds that:
1.
				  End-of-pipe wastewater treatment technology for chloride is prohibitively
				  expensive;
2. End-of-pipe
				  wastewater treatment technology for chloride produces a concentrated brine that
				  can be as much or more of an environmental liability than the untreated
				  effluent;
3. Appropriate chloride
				  source reduction activities are preferable environmentally to end-of-pipe
				  effluent treatment in most cases; and
4. For some dischargers, attaining the
				  applicable water quality standards specified in chs.
				  NR 102 to 105 may cause
				  substantial and widespread adverse social and economic impacts in the area
				  where the discharger is located.
5.
				  These findings shall be reviewed by the department every 3 years.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.84 - Compliance with Wisconsin water quality antidegradation rules when reissuing a permit

Current through June 24, 2024
Chapter does not apply in those instances in which a
					 reissued permit includes effluent limitations for chloride which represent a
					 lowering of concentration as compared to the interim limitation in the previous
					 permit.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.85 - Determination of the necessity for water quality-based effluent limitations

Current through June 24, 2024
(1)
				  The department shall determine the need for chloride water quality-based
				  effluent limitations for point source discharges whenever the discharges from
				  the point sources contain chloride at concentrations or loadings which do not,
				  as determined by any method in this section, meet the applicable water quality
				  standards specified in chs.
				  NR 102 to 105.
(2) When considering the necessity for water
				  quality-based effluent limitations, the department shall consider in-stream
				  bio-survey data and data from ambient toxicity analyses whenever the data are
				  available.
(3) When considering the
				  necessity for chloride water quality-based effluent limitations, the department
				  shall compare the upper 99th percentile of available representative discharge
				  concentrations to the calculated limitations, pursuant to s.
				  NR
				  106.05(4).
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.86 - Monitoring

Current through June 24, 2024
Notwithstanding any other section in this subchapter, the
					 department shall determine on a case-by-case basis the chloride monitoring
					 frequency to be required in the permit.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.87 - Establishment of effluent limitations

Current through June 24, 2024
(1) CALCULATED
				  LIMITATIONS. If water quality-based effluent limitations for chloride are
				  determined to be necessary, those limitations shall be derived under ss.
				  NR
				  106.06 and
				  106.07, and for the purposes of this
				  subchapter, shall be labeled "calculated limitations".
(2) INTERIM LIMITATION. The interim
				  limitation may be expressed as both a daily maximum and a weekly average,
				  calculated in accordance with s.
				  NR
				  106.82(4) and (9).
(3) TARGET VALUE. The target value may be
				  expressed as both a daily maximum and a weekly average. The department and the
				  permittee shall consider both the implementation and the anticipated
				  effectiveness of appropriate voluntary source reduction activities in order to
				  determine a target value which is reasonably achievable within the term of the
				  permit.
(4) TARGET LIMITATION. The
				  target limitation may be expressed as both a daily maximum and a weekly
				  average. The department and the permittee shall consider both the
				  implementation and the anticipated effectiveness of appropriate voluntary
				  source reduction activities in order to determine a target limitation which is
				  reasonably achievable within the term of the permit.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.88 - Application of and compliance with chloride effluent limitations in a permit

Current through June 24, 2024
(1)
				  CHLORIDE LIMITATIONS IN PERMITS. If chloride water quality-based effluent
				  limitations are deemed to be necessary under s.
				  NR
				  106.85, the department shall use all of the following
				  procedures to include the calculated limitations in the permit with an
				  appropriate compliance schedule as necessary and appropriate:
(a) Effluent limitations based on an acute
				  criterion shall be expressed in permits as daily maximum limitations, and
				  effluent limitations based on a chronic criterion shall be expressed in permits
				  as weekly average limitations.
(b)
				  Effluent Limitations shall be expressed in a permit consistent with the
				  protocols in s.
				  NR
				  106.07(3) to (5).
(c) Mass limitations calculated under s.
				  NR
				  106.07(2) and (9) shall be included
				  in the permit in addition to concentration based effluent limitations whenever
				  water quality-based effluent limitations are determined to be
				  necessary.
(d) A compliance
				  schedule for a water quality-based effluent for chloride may be granted in a
				  permit if necessary and appropriate and shall be consistent with the
				  requirements under s.
				  NR
				  106.117.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.89 - Alternative whole effluent toxicity monitoring and limitations for dischargers of chloride

Current through June 24, 2024
(1) GENERAL. In addition to interim, target,
				  and calculated water quality-based effluent limitations and target values for
				  chloride, the department may establish whole effluent toxicity testing
				  requirements and limitations under ss.
				  NR
				  106.08 and
				  106.09.
(2) FINDINGS. The department finds all of the
				  following:
(a) Acute whole effluent toxicity
				  limitations cannot be attained if the effluent concentration of chloride
				  exceeds 2,500 mg/L.
(b) Chronic
				  whole effluent toxicity limitations cannot be attained if the effluent
				  concentration of chloride exceeds 2 times the calculated chronic water
				  quality-based effluent limitation.
(c) If chloride is the sole source of acute
				  or chronic whole effluent toxicity it is appropriate that chloride limitations
				  be used instead of WET limitations to attain and maintain narrative criteria in
				  s.
				  NR
				  102.04(1) (d) and (4) (d).
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.90 - Source reduction

Current through June 24, 2024
(1) INTRODUCTION. A 3-tiered system of source
				  reduction measures is established in ascending order of increasing capital and
				  operating costs.
(2) Tier 1 source
				  reduction measures are those voluntary source reduction activities that
				  identify and quantify chloride and softened water sources and usage, educate
				  users and system operators on the need to minimize salt and softened water
				  demands and promote better housekeeping practices that will reduce chloride and
				  softened water consumption, and other activities similar in nature. Tier 1
				  source reduction measures may include any of the following:
(a) For POTWs:
1. Identify sources of chloride to the sewer
				  system.
2. Educate homeowners on
				  the impact of chloride from residential softeners, discuss options available
				  for increasing softener salt efficiency, and request voluntary
				  reductions.
3. Recommend
				  residential softener tune-ups on a voluntary basis.
4. Request voluntary support from local water
				  softening businesses in the efforts described in subds. 2. and 3.
5. Educate licensed installers and
				  self-installers of softeners on providing optional hard water for outside
				  faucets for residences.
6. Request
				  voluntary reductions in chloride input from industrial and commercial
				  contributors.
7. Where a public
				  water utility has been identified as a significant contributor of chloride to
				  the sewer system, request that the water utility conduct activities listed in
				  par. (b).
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.91 - Variances for POTWs which accept wastewater from public water systems treating water to meet primary safe drinking water act standards

Current through June 24, 2024
Publicly owned treatment works that accept wastewater from
					 a public water system treating water to meet the primary maximum contaminant
					 levels specified in ch. NR 809, if not able to meet the calculated limitation,
					 may apply to the department for a variance from the water quality standard used
					 to derive the limitation following the procedure specified in this subchapter.
					 The department shall seek U.S. environmental protection agency approval before
					 a variance is included in a permit. Upon approval, the permittee may be given
					 an interim limitation, a target value, a target limitation and appropriate
					 source reduction requirements, under s.
					 NR
					 106.83 in the permit upon permit reissuance or
					 modification. No calculated limitation, interim limitation, target value,
					 target limitation, or source reduction requirement shall interfere with the
					 attainment of the primary maximum contaminant levels specified in ch. NR
					 809.
On July 11, 2014, in Case No. Case No. 12 CV 3654,
						Midwest Environmental Defense Center Inc. v. Wisconsin Department of Natural
						Resources, et. al., an action for declaratory judgment under s.
						227.40,
						Stats., the Circuit Court for Dane County, Branch 1, entered a Final Order and
						Judgment providing in relevant part:
Wis. Admin. Code § 106.91 is declared
						valid.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.92 - Authority of a publicly owned treatment works to regulate chloride discharges

Current through June 24, 2024
A publicly owned treatment works has the authority to
					 regulate the discharge of chloride as enumerated in s.
					 NR
					 211.40.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.93 - New discharges

Current through June 24, 2024
Any point source which has not been authorized under a
					 WPDES permit prior to February 1, 2000, shall be required to meet the
					 calculated limitations. Relocation of an existing discharge which was issued a
					 WPDES permit prior to February 1, 2000, may not be considered a new
					 discharge.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.94 - Relocation of an existing discharge

Current through June 24, 2024
An existing discharge which was issued a WPDES permit prior
					 to February 1, 2000, and which is relocated after February 1, 2000, may be
					 subject to voluntary source reduction activities and both an interim limitation
					 and a target value or an interim limitation and a target limitation pursuant to
					 s.
					 NR
					 106.83 if the provisions of ch. NR 207 are met.
					 Relocation includes the diversion of a discharge from a land treatment system
					 to a surface water.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.95 - Multiple discharges

Current through June 24, 2024
The provisions of s.
					 NR 106.11 are
					 applicable to multiple discharges of chloride.
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 VII - Effluent Limitations for Chloride Discharges › Section NR 106.96 - Analytical methods and laboratory requirements

Current through June 24, 2024
The provisions of s.
					 NR
					 106.14 regarding analytical methods, sample handling
					 and laboratory requirements are applicable to discharges of
					 chloride.
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 VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.97 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to specify how the
					 department will regulate the discharge of PFOS and PFOA in wastewater to
					 surface waters of the state that are subject to the PFOS and PFOA standards
					 under s. NR 102.04 (8) (d) 1. pursuant to the permitting program under ch. 283,
					 Stats.
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 VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.975 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Composite sample" has the meaning
				  specified in s. NR 218.04 (11).
(2)
				  "Equipment blank" means a sample collected by passing laboratory-verified
				  PFAS-free water over or through field sampling equipment before the collection
				  of field samples to evaluate potential contamination from the equipment used
				  during sampling.
(3) "Grab sample"
				  has the meaning specified in s. NR 218.04 (10).
(4) "Major municipal discharger" means a
				  treatment works or system that has a major municipal discharge as defined in s.
				  NR 200.02 (7).
(5) "Minor municipal
				  discharger" means a treatment works or system that has a minor municipal
				  discharge as defined in s. NR 200.02 (8).
(6) "Municipal discharger" means all publicly
				  operated treatment works and privately owned domestic sewage treatment works
				  subject to the requirements under ch. NR 210.
(7) "New discharger" means any building,
				  structure, facility, or installation from which there is or may be a discharge
				  of pollutants, that is not a new source, and that did not commence the
				  discharge of pollutants at a particular site prior to August 1, 2022, and which
				  has never received a finally effective WPDES permit for discharges at that
				  site.
(8) "New source" has the
				  meaning specified in s. NR 106.117.
(9) "PFAS" means a perfluoroalkyl or
				  polyfluoroalkyl substance that contains a straight or branching chain of carbon
				  atoms in which one or more of the carbon atoms have fluorine atoms attached at
				  all bonding sites not occupied by another carbon atom and the fluorinated part
				  of the molecule can be expressed as
				  CnF2n+1.
(10) "Perfluorooctanoic acid" or "PFOA" has
				  the meaning specified in s. NR 102.03 (4e).
(11) "Perfluorooctane sulfonate" or "PFOS"
				  has the meaning specified in s. NR 102.03 (4m).
(12) "Primary industry" has the meaning
				  specified in s. NR 200.02 (15).
(13) "Secondary industry" has the meaning
				  specified in s. NR 200.02 (17).
(14) "Source reduction activities" means
				  structural or non-structural measures, practices, techniques, activities, or
				  devices employed to reduce or eliminate the transfer of PFOS and PFOA from
				  sources into surface waters of the state.
(15) "Treatment works" has the meaning
				  specified in s.
				  283.01(18),
				  Stats.
(16) "WPDES permit" means
				  the Wisconsin pollutant discharge elimination system permit issued by the
				  department under ch. 283, Stats., for the discharge of pollutants.
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 VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.99 - PFOS and PFOA minimization plans

Current through June 24, 2024
(1) GENERAL. A PFOS
				  and PFOA minimization plan shall include similar types of goals and actions
				  that are required for pollutant minimization programs under s. NR 106.04 (5).
				  The plan shall be implemented in a manner that reduces PFOS and PFOA
				  concentrations to the maximum extent practicable and shall include all of the
				  following:
(a) Identification of specific PFOS
				  and PFOA source reduction activities to be undertaken and a relative timeline
				  to implement those activities.
(b)
				  A list of PFOS and PFOA source reduction activities that have been implemented
				  prior to submission of the plan, if any, and a description of how effective
				  those activities were in reducing potential and actual PFOS or PFOA discharges,
				  concentrations, or sources.
(c) An
				  explanation of how implementation of the PFOS and PFOA minimization plan will
				  be documented, including measures such as the number of contacts of various
				  types made, programs implemented, and other activities.
(d) Steps to measure the effectiveness of the
				  PFOS and PFOA minimization plan elements in reducing potential and actual PFOS
				  and PFOA discharges. Where the permittee regularly monitors influent, effluent,
				  sludge, or biosolids for PFOS and PFOA, measures shall include any changes in
				  PFOS and PFOA concentrations over comparable historic data. When practicable,
				  other measures or estimates of PFOS and PFOA reductions from programs such as
				  PFOS and PFOA recycling, collection, or safe disposal may also be
				  included.
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 VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.995 - Sampling and laboratory analysis requirements

Current through June 24, 2024
(1) The permittee
				  shall collect samples in accordance with the requirements in the permit. The
				  department may require either grab or composite samples as a permit condition.
				  If the permittee uses a composite sampler, an equipment blank is required.
Note:
If the permittee uses a composite
					 sampler, it is recommended the permittee contact their department compliance
					 representative prior to sample collection for additional sampling
					 information.
(2) The
				  laboratory performing the analyses on any samples shall be certified for the
				  applicable PFAS compounds in the aqueous matrix by the Wisconsin Laboratory
				  Certification Program established under s.
				  299.11,
				  Stats., in accordance with s. NR 149.41.
Note:
If the EPA Office of Water publishes a
					 1600 series isotope dilution method for the analysis of PFAS in wastewater, the
					 department recommends use of the EPA method.
(3) The department may reject any sample
				  results if results are produced by a laboratory that is not in compliance with
				  certification requirements under ch. NR 149.
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 VIII - Permit Requirements for PFOS and PFOA Discharges › Section NR 106.996 - New dischargers or new sources

Current through June 24, 2024
If the department determines that a new source or new
					 discharger may have the reasonable potential to cause or contribute to an
					 exceedance of the PFOS or PFOA standard under s. NR 102.04 (8) (d) 1., the
					 permittee shall install pollution control measures to achieve the standard
					 prior to discharge, and water quality-based effluent limitations for PFOS or
					 PFOA or both that are calculated using the procedure in ss. NR 106.07 (2) and
					 106.98 (4) and ch. NR 207 shall be included in the permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures for
				  the management of aquatic plants and control of other aquatic organisms
				  pursuant to s.
				  227.11(2)
				  (a), Stats., and interpreting s.
				  281.17(2),
				  Stats. A balanced aquatic plant community is recognized to be a vital and
				  necessary component of a healthy aquatic ecosystem. The department may allow
				  the management of nuisance-causing aquatic plants with chemicals registered and
				  labeled by the U.S. environmental protection agency and labeled and registered
				  by firms licensed as pesticide manufacturers and labelers with the Wisconsin
				  department of agriculture, trade and consumer protection. Chemical management
				  shall be allowed in a manner consistent with sound ecosystem management and
				  shall minimize the loss of ecological values in the water
				  body.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.02 - Applicability

Current through June 24, 2024
Any person sponsoring or conducting chemical treatment for
				  the management of aquatic plants or control of other aquatic organisms in
				  waters of the state shall obtain a permit from the department. Waters of the
				  state include 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 ground or surface water, natural or
				  artificial, public or private, within the state or its jurisdiction as
				  specified in s.
				  281.01(18),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.03 - Definitions

Current through June 24, 2024
(1) "Applicator" means the person physically
				applying the chemicals to the treatment site.
(2) "Chemical fact sheet" means a summary of
				information on a specific chemical written by the department including general
				aquatic community and human safety considerations applicable to Wisconsin
				sites.
(3) "Department" means the
				department of natural resources.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.04 - Application for permit

Current through June 24, 2024
(1) Permit applications shall be made on
				forms provided by the department and shall be submitted to the district
				director for the district in which the project is located. Any amendment or
				revision to an application shall be treated by the department as a new
				application, except as provided in s. NR 107.04(3) (g).
Note: The DNR district headquarters are located at:
1. Southern - 3911 Fish Hatchery Road,
				Fitchburg 53711
2. Southeast - 2300
				N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee 53212
3. Lake Michigan - 1125 N. Military Ave., Box
				10448, Green Bay 54307
4. North
				Central - 107 Sutliff Ave., Box 818, Rhinelander 54501
5. Western - 1300 W. Clairemont Ave., Call
				Box 4001, Eau Claire 54702
6.
				Northwest - Hwy 70 West, Box 309, Spooner 54801
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.05 - Issuance of permit

Current through June 24, 2024
(1) The department shall issue or deny
				issuance of the requested permit between 10 and 15 working days after receipt
				of an acceptable application, unless:
(a) An
				environmental impact report or statement is required under s.
				1.11,
				Stats. Notification to the applicant shall be in writing within 10 working days
				of receipt of the application and no action may be taken until the report or
				statement has been completed; or
(b) A public hearing has been granted under
				s.
				227.42,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.06 - Chemical fact sheets

Current through June 24, 2024
(1) The department shall develop a chemical
				fact sheet for each of the chemicals in present use for aquatic nuisance
				control in Wisconsin.
(1m)
				Chemical fact sheets for chemicals not previously used in Wisconsin shall be
				developed within 180 days after the department has received notice of intended
				use of the chemical.
(2) The
				applicant or permit holder shall provide copies of the applicable chemical fact
				sheets to any affected property owners' association and inland lake
				district.
(3) The department shall
				make chemical fact sheets available upon request.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.07 - Supervision

Current through June 24, 2024
(1) The permit holder shall notify the
				district office 4 working days in advance of each anticipated treatment with
				the date, time, location, and proposed size of treatment. At the discretion of
				the department, the advance notification requirement may be waived.
(2) Supervision by a department
				representative may be required for any aquatic nuisance control project
				involving chemicals. Supervision may include inspection of the proposed
				treatment area, chemicals, and application equipment before, during or after
				treatment. The inspection may result in the determination that treatment is
				unnecessary or unwarranted in all or part of the proposed area, or that the
				equipment will not control the proper dosage.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.08 - Conditions of the permit

Current through June 24, 2024
(1) The department
				may stop or limit the application of chemicals to a body of water if at any
				time it determines that chemical treatment will be ineffective, or will result
				in unreasonable restrictions on current water uses, or will produce unnecessary
				adverse side effects on nontarget organisms. Upon request, the department shall
				state the reason for such action in writing to the applicant.
(2) Chemical treatments shall be performed in
				accordance with label directions, existing pesticide use laws, and permit
				conditions.
(3) Chemical
				applications on lakes and impoundments are limited to waters along developed
				shoreline including public parks except where approval is given by the
				department for projects of public benefit.
(4) Treatment of areas containing high value
				species of aquatic plants shall be done in a manner which will not result in
				adverse long-term or permanent changes to a plant community in a specific
				aquatic ecosystem. High value species are individual species of aquatic plants
				known to offer important values in specific aquatic ecosystems, including
				Potamogeton amplifolius, Potamogeton Richardsonii, Potamogeton praelongus,
				Potamogeton pectinatus, Potamogeton illinoensis, Potamogeton robbinsii,
				Eleocharis spp., Scirpus spp., Valisneria spp., Zizania aquatica, Zannichellia
				palustris and Brasenia schreberi.
(5) Treatment shall be performed by an
				applicator currently certified by the Wisconsin department of agriculture,
				trade and consumer protection in the aquatic nuisance control category
				whenever:
(a) Treatment is to be performed
				for compensation by an applicator acting as an independent contractor for
				hire;
(b) The area to be treated is
				greater than 0.25 acres;
(c) The
				product to be used is classified as a "restricted use pesticide"; or
(d) Liquid chemicals are to be
				used.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.09 - Special limitation

Current through June 24, 2024
Due to the significant risk of environmental damage from
				  copper accumulation in sediments, swimmer's itch treatments performed with
				  copper sulfate products at a rate greater than 10 pounds of copper sulfate per
				  acre are prohibited.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.10 - Field evaluation use permits

Current through June 24, 2024
When a chemical product is considered for aquatic nuisance
				  control and does not have a federal label for such use, the applicant shall
				  apply to the administrator of the United States environmental protection agency
				  for an experimental use permit under section 5 of the federal insecticide,
				  fungicide and rodenticide act as amended (
				  7 USC
				  136 et seq.). Upon receiving a permit, the
				  permit holder shall obtain a field evaluation use permit from the department
				  and be subject to the requirements of this chapter. Department field evaluation
				  use permits shall be issued for the purpose of evaluating product effectiveness
				  and safety under field conditions and will require in addition to the
				  conditions of the permit specified in s.
				  NR 107.08(1) through
				  (9), the following:
(1) Treatment shall be limited to an area
				specified by the department.
(2)
				The permit holder shall submit to the department a summary of treatment results
				at the end of the treatment season. The summary shall include:
(a) Total chemical used and distribution
				pattern, including chemical trade name, formulation, percent active ingredient,
				and dosage rate in the treated water in parts per million of active
				ingredient;
(b) Description of
				treatment areas including the character and the extent of the nuisance
				present;
(c) Effectiveness of the
				application and when applicable, a summary comparison of the results obtained
				from past experiments using the same chemical formulation;
(d) Other pertinent information required by
				the department; and
(e) Conclusions
				and recommendations for future use.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 107 - Aquatic plant management › Section NR 107.11 - Exemptions

Current through June 24, 2024
(1) Under any of the following conditions,
				the permit application fee in s.
				NR 107.04(2)
				(a) will be limited to the basic application
				fee:
(a) The treatment is made for the control
				of bacteria on swimming beaches with chlorine or chlorinated lime;
(b) The treatment is intended to control
				algae or other aquatic nuisances that interfere with the use of the water for
				potable purposes;
(c) The treatment
				is necessary for the protection of public health, such as the control of
				disease carrying organisms in sanitary sewers, storm sewers, or marshes, and
				the treatment is sponsored by a governmental agency.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 108 - Requirements For Plans And Specifications Submittal For Reviewable Projects And Operations Of Community Water Systems, Sewerage Systems And Industrial Wastewater Facilities › Section NR 108.01 - Applicability

Current through June 24, 2024
The rules herein presented govern the submission of plans and
				  specifications for any reviewable project and the general operation and control
				  of community water systems, sewerage systems and industrial wastewater
				  facilities.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 108 - Requirements For Plans And Specifications Submittal For Reviewable Projects And Operations Of Community Water Systems, Sewerage Systems And Industrial Wastewater Facilities › Section NR 108.03 - Construction of reviewable projects

Current through June 24, 2024
(1) No person may
				commence, or cause to be commenced, construction of any reviewable project
				until final plans and specifications for such project have been reviewed and
				approved by the department or until at least 90 days has elapsed since the
				submission of final plans and specifications to the department, and the
				department has not rejected the final plans and specifications. The 90-day time
				period may be extended as provided in s.
				281.41, Stats.
Note:
The 90-day review period is approximately
				  65 business days.
(2) Site
				preparation work for industrial wastewater facilities and industrial
				pretreatment facilities may commence prior to the date of approval of plans and
				specifications. Site preparation work is limited to clearing, grubbing, and
				rough grading.
(3) The reviewable
				project shall be constructed in accordance with the approved plans and
				specifications and approval conditions or subsequent approved
				modifications.
(4) The department
				shall be notified when construction has commenced and again when the facilities
				are placed in operation.
(5) All
				existing treatment facilities shall be operated as effectively as possible
				during the course of the construction period.
(6) A resident inspector shall be provided by
				the treatment system owner or its consultant during the course of
				construction.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 108 - Requirements For Plans And Specifications Submittal For Reviewable Projects And Operations Of Community Water Systems, Sewerage Systems And Industrial Wastewater Facilities › Section NR 108.05 - Design requirements

Current through June 24, 2024
(1) Final plans and specifications shall
				incorporate accepted engineering practices. If new or innovative equipment or
				methods are proposed in the plans, sufficient data, based upon practical
				application, experimental or otherwise, shall be submitted to show that
				satisfactory results can be secured.
(2) Waterworks, exclusive of the distribution
				system, shall be designed to provide for the estimated requirements based on a
				projected 20-year growth. Water distribution systems shall be designed for the
				estimated ultimate tributary population. These requirements may be modified by
				the department where it can be shown that a shorter design period is more
				cost-effective, more environmentally sound or that additional distribution
				system capacity will be provided in a future phase of construction.
(3) Sewage treatment facilities shall be
				designed to provide capacity for estimated future flows in accordance with s.
				NR 110.09(2)
				(j). Interceptors shall be designed to
				provide capacity for estimated future flows in accordance with s.
				NR
				110.10(2). Collector sewers shall be
				designed for the estimated ultimate flow.