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 II - General Procedures for Effluent Limitations › Section NR 106.115 - Additivity of dioxins and furans

Current through June 24, 2024
The 2,3,7,8-TCDD toxicity equivalence concentration in
					 effluent shall be used when developing waste load allocations and for purposes
					 of establishing water quality based effluent limits.
(1)For the chlorinated dibenzo-p-dioxins
				  (CDDs) listed in Tables 8 and 9 in ch. NR 105, the potential adverse additive
				  effects of all dioxin (CDD) and chlorinated dibenzofuran (CDF) congeners in
				  effluents shall be accounted for as specified in this section.
(2)The Toxicity Equivalency Factor (TEF) in
				  Table 1 and Bioaccumulation Equivalency Factor (BEF) in Table 2 shall be used
				  when calculating a 2,3,7,8-TCDD toxicity equivalence concentration in effluent
				  to be used when implementing both human health noncancer and cancer criteria.
				  The chemical concentration of each CDD and CDF in effluent shall be converted
				  to a 2,3,7,8-TCDD toxicity equivalence concentration in effluent by using the
				  following equation:
(TEC)tcdd = S
					 (C)x (TEF)x
					 (BEF)x
where:
(TEC)tcdd = 2,3,7,8-TCDD toxicity
					 equivalence concentration in effluent
(C)x = concentration of total
					 chemical x in effluent
(TEF)x = TCDD toxicity equivalency
					 factor for x from table 1
(BEF)x = TCDD bioaccumulation
					 equivalency factor for x from table 2
Table 1 Toxicity Equivalency Factor for CDDS and
					 CDFs
Congener
TEF
2,3,7,8-TCDD
1.0
1,2,3,7,8-PeCDD .................
0.5
1,2,3,4,7,8-HxCDD ...............
0.1
1,2,3,6,7,8-HxCDD ...............
0.1
1,2,3,7,8,9-HxCDD ...............
0.1
1,2,3,4,6,7,8-HpCDD .............
0.01
OCDD .........................
0.001
2,3,7,8-TCDF ...................
0.1
1,2,3,7,8-PeCDF .................
0.05
2,3,4,7,8-PeCDF .................
0.5
1,2,3,4,7,8-HxCDF ...............
0.1
1,2,3,6,7,8-HxCDF ...............
0.1
2,3,4,6,7,8-HxCDF ...............
0.1
1,2,3,7,8,9-HxCDF ...............
0.1
1,2,3,4,6,7,8-HpCDF ..............
0.01
1,2,3,4,7,8,9-HpCDF ..............
0.01
OCDF ..........................
0.001
Table 2 Bioaccumulation Equivalency Factor for CDDs
					 and CDFs
Congener
BEF
2,3,7,8-TCDD ...................
1.0
1,2,3,7,8-PeCDD .................
0.9
1,2,3,4,7,8-HxCDD ...............
0.3
1,2,3,6,7,8-HxCDD ...............
0.1
1,2,3,7,8,9-HxCDD ...............
0.1
1,2,3,4,6,7,8-HpCDD .............
0.05
OCDD .........................
0.01
2,3,7,8-TCDF ...................
0.8
1,2,3,7,8-PeCDF .................
0.2
2,3,4,7,8-PeCDF .................
1.6
1,2,3,4,7,8-HxCDF ...............
0.08
1,2,3,6,7,8-HxCDF ...............
0.2
2,3,4,6,7,8-HxCDF ...............
0.7
1,2,3,7,8,9-HxCDF ...............
0.6
1,2,3,4,6,7,8-HpCDF ..............
0.01
1,2,3,4,7,8,9-HpCDF ..............
0.4
OCDF ..........................
0.02
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 106.117 - Schedules of compliance

Current through June 24, 2024
(1) SCHEDULES FOR
				  FIRST PERMIT ISSUANCE.
(a) In this
				  subsection, the following definitions apply:
1. New source has the meaning given in
				  40
				  CFR 122.2.
2. New discharger has the meaning given in
				  40
				  CFR 122.2.
3. Recommencing discharger means a permitted
				  source that recommences discharge after terminating its operations.
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 106.13 - Leachate in publicly owned treatment works (Repealed)

Current through June 24, 2024
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 106.14 - Analytical methods and laboratory requirements

Current through June 24, 2024
(1) Methods used
				  for analysis of samples shall be those specified in ch. NR 219 unless
				  alternative methods are specified in the WPDES discharge permits. Where more
				  than one approved analytical method for a pollutant exists, the department may
				  specify in the permit which method shall be used.
(2) The permittee shall submit, with all
				  monitoring results, appropriate quality control information, as specified by
				  the department.
(3) The permittee
				  shall report numerical values for all monitoring results greater than the limit
				  of detection, as determined by a method specified by the department, unless
				  analyte-specific instructions in the WPDES permit specify otherwise. The
				  permittee shall appropriately identify all results greater than the limit of
				  detection but less than the limit of quantitation.
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 III - Effluent Limitations for Mercury Discharges › Section NR 106.145 - Mercury regulation

Current through June 24, 2024
This section provides an alternative means of regulating
					 mercury in WPDES permits through the establishment of alternative mercury
					 effluent limitations and other requirements and is intended as a supplement to
					 the authority and procedures contained in other sections of this chapter. For
					 purposes of this section, an alternative mercury effluent limitation represents
					 a variance to water quality standards specified in chs. 102 to 105
(1) FINDINGS. On November 1, 2002, the
				  department finds all of the following:
(a)
				  Requiring all dischargers of mercury to remove mercury using wastewater
				  treatment technology to achieve discharge concentrations necessary to meet
				  water quality standards would result in substantial and widespread adverse
				  social and economic impacts.
(b)
				  Representative data on the relatively low concentrations of mercury in
				  wastewater are difficult to obtain due to specialized sample collection methods
				  required and the precision and sensitivity of laboratory analyses.
(c) Appropriate mercury source reduction
				  activities are environmentally preferable to wastewater treatment technology in
				  many cases because wastewater treatment for mercury produces a sludge or other
				  resultant wastewater stream that can be as much or more of an environmental
				  liability than the untreated effluent.
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 III - Effluent Limitations for Mercury Discharges › Section NR 106.15 - Limitations for mercury

Current through June 24, 2024
Regardless of the effluent limitations determined under
					 this chapter, the discharge of organic mercury compounds, inorganic mercury
					 compounds, and metallic mercury shall not exceed the requirements in s.
					 281.17(7),
					 Stats., and ch. NR 100.
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.30 - Applicability

Current through June 24, 2024
The provisions of this subchapter are applicable to point
					 sources that discharge wastewater containing ammonia to surface waters of the
					 state. This subchapter first applies to permits issued or reissued after March
					 1, 2004.
Any discharges of ammonia from a concentrated animal
						feeding operation (CAFO) are regulated under ch. NR
						243.
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.31 - Definitions

Current through June 24, 2024
(1) "Acute criterion" or "ATC" has the
				  meaning in s.
				  NR
				  105.03(2)
(2) "Chronic criterion" or "CTC" has the
				  meaning in s.
				  NR
				  105.03(15)
(3) "Early life stages" or "ELS" means the
				  life stages of fish that include the pre-hatch embryonic period, post-hatch
				  free embryo or yolk-sac fry, and the larval period, during which the fish
				  feeds. Juvenile fish, which are anatomically similar to adults, are not
				  considered an early life stage. The duration of the early life stage extends
				  from the beginning of spawning through the end of the larval period.
(4) "Early life stages absent" means the
				  early life stages of fish are not present in a water body affected by a
				  permittee's discharge.
(5) "Early
				  life stages present" means the early life stages of fish are present in a water
				  body affected by a permittee's discharge.
(6) "Lagoon system" means a wastewater
				  treatment system where the method of treatment consists of intermediate-depth
				  basins with typical detention times of 30 to 60 days and generally a continuous
				  discharge. Sufficient aeration is provided to help satisfy oxygen demand, but
				  not provide for complete mixing.
(7) "Real-time" means an event that is
				  occurring during a present point in time.
(8) "Stabilization pond" means a wastewater
				  treatment system consisting of large shallow earthen basins that use algae and
				  aerobic, facultative, and anaerobic organisms for wastewater treatment.
				  Stabilization ponds include, but are not limited to, those sized for a minimum
				  of 150 days storage and have discharges in the spring and fall.
(9) "WPDES" or "WPDES permit" means Wisconsin
				  pollutant discharge elimination system permit 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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.32 - Calculation of water quality-based effluent limitations for ammonia

Current through June 24, 2024
(1) BASIS FOR
				  LIMITATIONS.
(a) The department shall
				  establish water quality based effluent limitations for point source dischargers
				  of ammonia whenever the limitations are necessary, as determined by any method
				  in this section, to meet the applicable water quality standards and criteria in
				  chs.
				  NR 102 to 105.
(b) Water quality based effluent limitations
				  for ammonia shall be determined to attain and maintain water quality standards
				  and criteria specified in or determined according to procedures in ch. NR 105,
				  at the point of discharge. Effluent limitations shall be established to protect
				  downstream waters whenever the department has information to make the
				  determinations.
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.33 - Determination of the necessity for water quality-based effluent limits for ammonia

Current through June 24, 2024
(1) REASONABLE POTENTIAL.
(a) For a permitted discharge that is not
				  already subject to an ammonia water quality-based effluent limitation, the
				  procedures specified in s.
				  NR
				  106.05 shall be used to determine if water
				  quality-based effluent limitations for ammonia are necessary in a reissued
				  permit. When application of the procedures in s.
				  NR
				  106.05 results in a determination that ammonia
				  effluent limits are not necessary in a permit, the permit holder shall continue
				  to be operated in a manner that optimizes the removal of ammonia within the
				  design capabilities of the wastewater treatment plant. The department may
				  require that the permittee monitor ammonia at a frequency established on a
				  case-by-case basis in its permit for the purpose of determining representative
				  discharge levels.
(b) If a
				  permittee is subject to an ammonia limitation in an existing permit, the
				  limitation shall be included in any reissued permit. Ammonia limitations shall
				  be included in the permit if the permitted facility will be providing treatment
				  for ammonia 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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.34 - Compliance with antidegradation (Repealed)

Current through June 24, 2024
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.36 - Alternative whole effluent toxicity monitoring for certain discharges of ammonia

Current through June 24, 2024
(1)In addition to water quality based
				  effluent limitations for ammonia, the department may establish whole effluent
				  toxicity testing requirements and limitations pursuant to ss.
				  NR
				  106.08 and
				  106.09.
(2)Chronic fathead minnow whole effluent
				  toxicity test samples may be modified to remove ammonia prior to testing when
				  all of the following conditions are met:
(a)
				  The whole effluent toxicity test is being conducted during a period when
				  ammonia effluent limitations based on early life stage absent criteria are in
				  effect.
(b) The permittee has
				  demonstrated compliance with applicable acute and chronic water quality based
				  effluent limitations for ammonia during the testing period.
(c) Total ammonia measured in whole effluent
				  toxicity test effluent samples is less than the applicable chronic water
				  quality based effluent limitation contained in the WPDES permit, but greater
				  than the "ammonia threshold number", determined as follows:
1. Measure the pH of the whole effluent
				  toxicity test effluent sample after the sample has been warmed to the test
				  temperature.
Note:
Effluent samples should not be aerated
					 to remove supersaturation of dissolved oxygen prior to use in the whole
					 effluent toxicity test. The measured pH value shall be rounded to the nearest
					 one-tenth of a unit.
2.
				  Using the pH value of the sample as determined in subd. 1., determine the value
				  of the ammonia multiplier in Table 1 for the pH range corresponding to the
				  effluent pH.
3. Divide 100 by the
				  appropriate in-stream waste concentration, as a percentage, contained in the
				  WPDES permit; then multiply the resulting value by the ammonia multiplier
				  determined in subd. 2. to obtain the ammonia threshold number.
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.37 - Schedules of compliance

Current through June 24, 2024
(1)The department
				  shall determine and specify a reasonable compliance schedule in the permit if
				  the permittee is unable to meet the ammonia effluent limits determined
				  according to this subchapter at the time of permit reissuance. The department
				  shall establish the term of the compliance schedule on a case-by-case basis
				  consistent with the requirements in s.
				  NR
				  106.117. When establishing a compliance schedule, the
				  department shall consider factors such as necessary planning, complexity of
				  wastewater treatment issues, scope of construction, equipment delivery time,
				  and construction seasons in establishing a schedule. In no circumstance may the
				  date of compliance with the limits extend more than 5 years after the date of
				  permit reissuance.
(2)If the
				  department modifies or reissues the permit to adjust ammonia limitations based
				  on an approval of demonstrations made under either s.
				  NR
				  106.32(2) (b) 2. or (3) (a) 4. the
				  department may adjust the compliance schedule if necessary and
				  appropriate.
(4)Any point source
				  discharge which was not authorized by a WPDES permit prior to March 1, 2004 may
				  not be provided with a schedule of compliance for achieving ammonia limits, but
				  rather shall meet the limits upon initiation of discharge. A point source
				  discharge previously authorized by a WPDES permit but relocated in the same
				  receiving water body may be allowed a schedule of compliance.
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 IV - Effluent Limitations for Ammonia Discharges › Section NR 106.38 - Variances for stabilization pond and lagoon systems (Repealed)

Current through June 24, 2024
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 V - Effluent Limitations for Temperature › Section NR 106.50 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to specify how the
					 department will calculate water quality-based effluent limitations for
					 temperature under s.
					 283.13(5),
					 Stats., and to specify how the department will determine when the limitations
					 will be included in Wisconsin pollution discharge elimination system (WPDES)
					 permits. Water quality-based effluent limitations for temperature are necessary
					 to assure attainment and maintenance of surface water quality standards for
					 temperature established in accordance with s.
					 281.15(1),
					 Stats., and set forth in subch. II of ch. NR 102.
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 V - Effluent Limitations for Temperature › Section NR 106.51 - Applicability

Current through June 24, 2024
This subchapter applies to point sources that discharge
					 cooling water, non-contact cooling water, or other wastewater to surface waters
					 of the state if the discharge contains an associated heat load or is elevated
					 in temperature relative to the ambient temperature of the receiving water. The
					 procedures for calculation of effluent limitations identified in this
					 subchapter do not apply to storm water discharges. Effluent limitations
					 determined under this subchapter supersede any temperature limitations listed
					 in s.
					 NR
					 104.06(2) (b).
Section
						283.11(2)
						(b), Stats., states that rules concerning
						storm water discharges may be no more stringent than the requirements under the
						federal water pollution control act and regulations adopted under that act.
						Storm water pollution prevention plans may address thermal issues on a
						case-by-case basis.
Note:
The department will use enforcement
						discretion whenever there are exceedances of effluent temperature limitations
						in a WPDES permit for an electric generating facility during an energy
						emergency warning or when an energy emergency event has been declared under a
						Federal Energy Regulatory Commission order (Standard EOP-002, North American
						Electric Reliability Corporation).
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 V - Effluent Limitations for Temperature › Section NR 106.52 - Definitions

Current through June 24, 2024
In this subchapter, the following definitions are
					 applicable to terms used:
(1) "Ambient
				  temperature" means the typical existing temperature of a surface water outside
				  the direct influence of any point source discharge, which may include daily and
				  seasonal changes.
(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 effluent temperature" means the highest temperature measured in a
				  calendar day.
(5) "Daily maximum
				  effluent temperature limitation" means the daily maximum effluent temperature
				  limitation established in a permit.
(6) "mgd" means million gallons per day,
				  usually pertaining to stream or effluent flow.
(7) "New facility" means any new point source
				  facility or new point source discharge that commences operation after October
				  1, 2010.
(8) "Seven-day rolling
				  average effluent flow" means the arithmetic average of the effluent flow
				  measured on a particular day and the 6 preceding days within that calendar
				  month.
(9) "Water quality
				  standards" means applicable water quality standards set forth in chs.
				  NR 102 to
				  104, or any federally promulgated
				  water quality standards applicable to surface waters of the state.
(10) "Weekly average effluent temperature"
				  means the arithmetic mean of all daily maximum effluent temperature values
				  recorded in a calendar week, Sunday through Saturday.
(11) "Weekly average effluent temperature
				  limitation" means the maximum allowable weekly average temperature determined
				  as the arithmetic mean of all daily maximum effluent temperature values
				  recorded in a calendar week, Sunday through Saturday.
(12) "WPDES" or "WPDES permit" means
				  Wisconsin pollutant discharge elimination system permit issued under ch. 283,
				  Stats., but does not include storm water permits issued under s.
				  283.35,
				  Stats.
(13) "WQBEL" means water
				  quality-based effluent limitation.
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 V - Effluent Limitations for Temperature › Section NR 106.53 - Parameters used to establish water quality-based effluent limitations for temperature

Current through June 24, 2024
(1) RECEIVING WATER FLOW RATE (QS). The value
				  of receiving water flow rate (Qs) used to determine effluent limitations for
				  discharges to flowing waters shall be as follows:
(a) Qs shall equal ¼ of the average
				  minimum 7-day flow which occurs once in 10 years (¼ 7-day Q10) or, if
				  sufficient information is available to calculate a biologically based receiving
				  water design flow, ¼ of the flow which prevents an excursion from the
				  applicable water quality criteria using a duration of 4 days and a frequency of
				  less than once every 3 years (¼ 4-day, 3-year biological
				  flow).
(b) Qs may be reduced from
				  those values calculated in par. (a) wherever natural receiving water flow is
				  significantly altered by flow regulation or other types of water diversion
				  structures.
(c) The discharger
				  shall be allowed to demonstrate, through appropriate and reasonable methods
				  that an adequate passageway for movement of aquatic life exists in the
				  cross-section of the receiving water or that dilution is accomplished rapidly
				  such that the extent of the mixing zone is minimized. In complex situations,
				  the department may require that the demonstration under this paragraph include
				  water quality modeling or field dispersion studies.
(d) Based upon the results of a demonstration
				  submitted under par. (c), Qs may be modified from that specified in par. (a) or
				  (b). A modified Qs shall be determined on a case-by-case basis and shall be
				  approved in writing by the department. Qs may not exceed the larger of the
				  7-day Q10 or the 4-day, 3-year biologically based design flow, except when a
				  permit allows the use of real-time data for the determination of water quality
				  based effluent limitations for temperature, as provided in s.
				  NR
				  106.54(4).
(e) The value of Qs may not exceed that of
				  par. (a) if the department determines that the discharge has a potential to
				  jeopardize the continued existence of any endangered or threatened species
				  listed under ch. NR 27 or section of the federal Endangered Species Act,
				  .
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 V - Effluent Limitations for Temperature › Section NR 106.54 - Representative effluent temperature data

Current through June 24, 2024
(1) The
				  representative daily maximum effluent temperature is the highest effluent
				  temperature known or expected to occur on any day under normal operating
				  conditions at the time of permit issuance. Representative daily maximum
				  effluent temperature shall be measured at a frequency of not less than once per
				  week whenever a discharge occurs.
(2) The representative weekly average
				  effluent temperature is the highest weekly average effluent temperature known
				  or expected to occur under normal operating conditions at the time of permit
				  issuance.
(3) The department may
				  require a permittee to collect additional data if the department determines
				  that the requirements of subs. (1) and (2) do not provide adequate data to
				  document the operational variability of a discharge.
(4) A permittee may request, at the time of
				  application for a WPDES permit, calculation of effluent temperature limitations
				  to be included in a permit based on real-time data. Any permittee that makes
				  such a request shall provide effluent flow, effluent temperature, receiving
				  water flow, and receiving water temperature at a frequency no less than one
				  result per hour that is representative of normal operating conditions,
				  including variability.
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 V - Effluent Limitations for Temperature › Section NR 106.56 - Establishment of water quality-based effluent limitations for temperature in WPDES permits

Current through June 24, 2024
(1) GENERAL. The department shall use the
				  methods in this section to determine the need to establish water quality-based
				  effluent temperature limitations in a permit.
(2) REASONABLE POTENTIAL TO EXCEED AN ACUTE
				  EFFLUENT LIMITATION. An acute water quality-based effluent limitation for
				  temperature shall be established in a WPDES permit for each month in which the
				  representative daily maximum effluent temperature for that month exceeds the
				  acute water quality-based effluent limitation determined in s.
				  NR
				  106.55. The representative daily maximum effluent
				  temperature used in this subsection shall be the greater of the following:
(a) The highest recorded representative daily
				  maximum effluent temperature as measured or determined according to s.
				  NR
				  106.54(1).
(b) The projected 99th percentile of all
				  representative daily maximum effluent temperatures as measured or determined
				  according to s.
				  NR
				  106.54(1).
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 V - Effluent Limitations for Temperature › Section NR 106.57 - Effluent limitations for multiple thermal discharges

Current through June 24, 2024
Whenever the department determines that more than one
					 thermal discharge may be adversely affecting the water quality of the same
					 receiving water, the provisions of both this subchapter and s.
					 NR 106.11
					 shall be used to calculate the combined allowable heat load from the discharges
					 necessary to meet the water quality criteria for temperature as specified in
					 ch. NR 102. The resultant allowable thermal load shall be divided among the
					 various discharges using an allocation method based on site-specific
					 considerations. Whenever the department makes a determination under this
					 subsection, the department shall specify the reasonable potential basis for any
					 effluent temperature limitation and shall notify all permittees who may be
					 affecting the water quality of the same receiving water of the determination
					 and any limitations developed under this section. Any modifications to WPDES
					 permits to account for multiple discharges shall include an opportunity for
					 public comment pursuant to 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 V - Effluent Limitations for Temperature › Section NR 106.58 - Effluent limitations based on water quality models

Current through June 24, 2024
(1) At the time of
				  permit application, a permittee may submit the results of scientifically
				  defensible technical approaches, such as calibrated models and verified
				  mathematical water quality models developed or adapted for a particular water
				  body, simplified modeling approaches as outlined in "WATER QUALITY ASSESSMENT"
				  (EPA-600/6-82-004), or other dynamic methods to be utilized in developing water
				  quality-based effluent limitations.
(2) Data used to support the analyses
				  conducted under sub. (1) shall be representative of the long-term
				  characteristics of the receiving water and shall be collected in a manner
				  consistent with requirements of ch. NR 219.
(3) The department shall review the results
				  of the analyses conducted under sub. (1) on a case-by-case basis and shall
				  determine the water quality-based effluent limitations necessary to ensure that
				  the applicable water quality standards specified in ch. NR 102 are
				  maintained.
(4) Effluent
				  limitations approved under this section are in lieu of the procedures in s.
				  NR
				  106.55(5), (6), and (7), and are not
				  modifications to the water quality criteria specified in ch. NR 102.
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 V - Effluent Limitations for Temperature › Section NR 106.59 - Effluent limitations for temperature for permits issued to publicly or privately owned domestic sewage treatment works

Current through June 24, 2024
(1) APPLICABILITY .
				  This section applies to specific outfalls from permittees with discharges
				  subject to ch. NR 210.
(2)
				  DEFINITIONS. In this section, the following definitions are applicable to terms
				  used:
(a) "Dissipative cooling" means the
				  cooling effects associated with heat loss to the ambient water, the atmosphere
				  and the surrounding environment.
(b) "Estimated daily maximum effluent
				  temperature" means the highest temperature expected in a calendar day based on
				  an average of effluent temperatures available. Available data may be from at
				  least two other POTWs within a 100 mile radius that utilize similar wastewater
				  treatment technology and have a similar ratio of domestic to industrial waste
				  stream composition, or representative data of the POTW.
(c) "Existing POTW outfall" means any
				  discharge structure that has been included in a WPDES permit issued prior to
				  October 1, 2010, that was used to convey wastewater effluent to a surface water
				  and has not been re-located.
(d)
				  "New POTW discharge" means any point source subject to ch. NR 210 that has not
				  received a WPDES permit from the department prior to October 1, 2010 or a
				  permitted outfall re-located to a new receiving water after October 1,
				  2010.
(e) "POTW" means all publicly
				  operated treatment works and privately owned domestic sewage treatment works
				  subject to ch. NR 210.
(f)
				  "Re-located POTW outfall" means any point source outfall structure associated
				  with a previously issued WPDES permit that is moved or constructed after
				  October 1, 2010 to convey wastewater to the same receiving water where fish and
				  other aquatic life are materially exposed to a modified thermal pollutant load.
Note:
The department considers an outfall to
					 be re-located when an assemblage of fish and other aquatic life are subjected
					 to a heat load that they were not exposed to previously. In determining whether
					 a change in location is a re-located outfall, the department shall consider the
					 distance of the changed location, the potential for the heat load to adversely
					 impact resident organisms, and whether or not the applicable provisions of s.
					 NR
					 102.05(3) are satisfied.
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 V - Effluent Limitations for Temperature › Section NR 106.60 - Effluent limitations for temperature for discharges from new facilities

Current through June 24, 2024
Except as provided in subch. VI, new facilities issued a
					 WPDES permit after October 1, 2010, shall be designed to meet applicable water
					 quality-based effluent temperature limitations, as determined in this
					 subchapter, on the effective date of the WPDES permit. The department may
					 require a permittee to provide diffusers or other such devices to ensure rapid
					 mixing of effluent into the water body receiving the discharge or may require a
					 mixing zone analysis to demonstrate that the proposed mixing zone of the new
					 POTW discharge will meet the mixing zone provisions of s.
					 NR
					 102.05(3).
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 V - Effluent Limitations for Temperature › Section NR 106.61 - General permit

Current through June 24, 2024
(1) A general permit issued by the department
				  that contains effluent temperature limitations and monitoring requirements for
				  discharges of non-contact cooling water, non-contact condensate, boiler water
				  blowdown, and boiler bleedoff directly to surface water, to a storm sewer, or
				  for discharges to the land surface, or to groundwater shall include all of the
				  following conditions:
(a) Procedures to
				  determine effluent temperature limitations for individual discharges covered by
				  the general permit in accordance with the provisions of this subchapter. For
				  each facility covered by the general permit, the department shall establish
				  effluent temperature limitations for the facility directly in the general
				  permit or in the general permit discharge authorization letter to the
				  permittee.
(b) Discharges to
				  wetlands shall be allowed if, when granting coverage, the department determines
				  that the requirements of ch. NR 103 are met.
(c) Discharges shall not be allowed if the
				  receiving waterbody is an outstanding resource water or an exceptional resource
				  water, as specified in ss.
				  NR
				  102.10 and
				  102.11, respectively.
(d) Discharges to the land surface, to the
				  groundwater or to storm water ponds shall have a daily maximum effluent
				  temperature limitation of 120°F, provided that the discharge does not have
				  a reasonable potential to exceed temperature water quality standards in waters
				  of the state downstream of the discharge location.
(e) Discharges shall not contain wastewater
				  from industrial or commercial processes, other than those authorized in sub.
				  (1).
(f) Discharge does not contain
				  a water treatment additive including biocides. However, the department may
				  approve in writing the use of water treatment additives that are not
				  biocides.
(g) Discharge does not
				  cause a safety hazard due to unsafe ice conditions in winter.
(h) The permittee shall be required to
				  collect representative daily maximum effluent temperatures not less than once
				  per month. Unless specified otherwise by the department when coverage is
				  granted under the general permit, the permittee shall not be required to submit
				  effluent temperature data collected under the monitoring provisions of the
				  general permit issued under this section. Any effluent temperature data
				  collected shall be retained by the permittee for the duration of the permit or
				  3 years after this information is collected, whichever is longer and shall be
				  provided to the department upon request.
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 V - Effluent Limitations for Temperature › Section NR 106.62 - Compliance schedules

Current through June 24, 2024
The permittee shall attain compliance with the effluent
					 limitations as soon as reasonably possible, but no later than the expiration
					 date of the permit. When a permit is issued or reissued with effluent
					 temperature limitations established using the procedures in this subchapter and
					 representative effluent temperature data are available at the time of permit
					 issuance or reissuance, the permit may contain a compliance schedule consistent
					 with the provisions in s.
					 NR
					 106.117 when either of the following conditions is
					 met:
(1)The permittee does not apply
				  for an alternative effluent limitation under the provisions of subch.
				  VI.
(2)The permittee applies for an
				  alternative effluent limitation under the provisions of subch. VI and, after
				  reviewing the data and information provided with the application, the
				  department determines that sufficient information to establish alternative
				  effluent limitations for temperature is not available.
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 106.70 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to establish procedures
					 for the determination by the department of alternative effluent limitations for
					 temperature as authorized under s.
					 283.17,
					 Stats. An alternative effluent limitation for temperature may be established by
					 the department if the owner or operator of a point source demonstrates to the
					 department that a proposed effluent limitation established under subch. V is
					 more stringent than necessary to assure the protection and propagation of a
					 balanced indigenous population of shellfish, fish and wildlife in and on the
					 body of water into which the discharge is made.
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 106.71 - Definitions

Current through June 24, 2024
The definitions in ss.
					 NR
					 205.03 and apply 205.04 to the terms used in this
					 subchapter. In addition, the following definitions apply to the terms used in
					 this subchapter:
(1) "Alternative
				  effluent limitations for temperature" means effluent temperature limitations
				  for the control of the thermal component of a discharge which are less
				  restrictive than limitations calculated using the procedures specified in
				  subch. V.
(2) "Balanced, indigenous
				  community" or "balanced, indigenous population" means a biotic community
				  typically characterized by diversity, the capacity to sustain itself through
				  cyclic seasonal changes, presence of necessary food chain species, and
				  non-domination of pollution tolerant species. Such a community may include
				  historically non-native species introduced in connection with a program of
				  wildlife management and species whose presence or abundance results from
				  substantial, irreversible environmental modifications. Normally, however, the
				  community may not include species whose presence or abundance is attributable
				  to the introduction of pollutants that will be eliminated by compliance by all
				  sources with effluent limitations and standards effective by July 1, 1983,
				  including modifications thereof in accordance with the provisions of this
				  subchapter; and may not include species whose presence or abundance is
				  attributable to alternative effluent limitations imposed pursuant to this
				  subchapter.
(3) "Existing
				  discharge" means a discharge that is not a new POTW discharge.
(4) "New discharge" means a discharge that is
				  issued a WPDES permit on or after October 1, 2010.
(5) "Relevant evidence" means new or
				  historical biological data, physical monitoring data and engineering or
				  diffusion models.
(6)
				  "Representative, important species" means species which are representative, in
				  terms of their biological needs, of a balanced, indigenous community of
				  shellfish, fish, and wildlife in and on the body of water receiving a thermal
				  discharge.
(7) "Water quality
				  standards" means applicable water quality standards set forth in chs.
				  NR 102 to
				  104, or any federally promulgated
				  water quality standards applicable to surface waters of the state.
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 106.72 - Application for alternative effluent limitations for temperature

Current through June 24, 2024
An application for an alternative effluent limitation may
					 be submitted to the department by an owner or operator of a point source
					 subject to effluent limitations determined under subch. V.
(1) TIMING. The application may be submitted
				  at the time the owner or operator submits an application for issuance or
				  reissuance of a WPDES permit or at any time following the issuance of a permit,
				  subject to the permit modification provisions in s.
				  283.53,
				  Stats.
(2) NEW DISCHARGE. A
				  permittee may submit an application for alternative effluent limitations for
				  temperature for a new discharge. The application shall include a demonstration
				  that the effluent temperature limitations calculated according to the
				  procedures specified in subch. V are more stringent than necessary to assure
				  the protection and propagation of a balanced, indigenous community of
				  shellfish, fish and wildlife in and on the body of water into which the
				  discharge is made. This demonstration shall examine the interaction of the
				  thermal component with other pollutants and the additive effect of other
				  thermal sources. The application shall also contain all of the following:
(a) A description of the alternative effluent
				  limitations for temperature requested.
(b) A description of the methodology the
				  applicant used to support the demonstration.
(c) Biological, hydrological and
				  meteorological data, physical monitoring data, engineering or diffusion models,
				  laboratory studies and other relevant evidence.
(d) The data and results of studies,
				  experiments and other information that support the demonstration that the
				  identified representative, important species will be protected, and that will
				  assure the protection and propagation of a balanced, indigenous community of
				  shellfish, fish and aquatic life in and on the body of the water into which the
				  discharge will be made.
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 106.73 - Identification of representative, important species

Current through June 24, 2024
Any applicant for an alternative effluent limitation for
					 temperature shall submit to the department a proposed list of representative
					 important species prior to submitting an application and undertaking a
					 demonstration under s.
					 NR
					 106.72. The list shall take into account applicable
					 water quality standards. The department may approve, disapprove or approve with
					 modifications the proposed list of representative important species as the
					 department deems appropriate.