Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 217 - Effluent Standards And Limitations For Phosphorus › Subchapter III - Waterbody Assessments and Reporting › Section NR 217.18 - Watershed adaptive management option

Current through June 24, 2024
(1) GENERAL. The
				  adaptive management option is a strategy to achieve the phosphorus water
				  quality criteria in s.
				  NR
				  102.06 in the most economically efficient manner, and
				  as soon as possible, taking into consideration the contributions of phosphorus
				  from point and nonpoint sources in a watershed.
(2) APPLICATION. If requested by the
				  permittee in the permit application for reissuance and if approved by the
				  department, the permittee may implement a watershed adaptive management
				  approach under this section as a means to achieve compliance with the
				  phosphorus water quality standards in s.
				  NR
				  102.06. The department may approve and authorize the
				  adaptive management option in this section only if the permittee demonstrates
				  and the department concurs that all of the following conditions are met:
(a) The exceedance of the applicable
				  phosphorus criterion in s.
				  NR
				  102.06 is caused by phosphorus contributions from both
				  point sources and nonpoint sources.
(b) Either the sum of the nonpoint sources
				  and the permitted municipal separate storm sewer system contribution of
				  phosphorus to the receiving water is at least 50 percent of a total
				  contribution within the watershed of the receiving water where the applicable
				  phosphorus criterion in s.
				  NR
				  102.06 is exceeded; or the permittee demonstrates that
				  the applicable phosphorus criterion cannot be met in the watershed without the
				  control of phosphorus from nonpoint sources.
(c) Documentation that the proposed water
				  quality based effluent limit in the applicant's permit will require filtration
				  or other equivalent treatment technology to achieve compliance.
(d) The permittee has submitted an adaptive
				  management plan that identifies specific actions to be implemented that will
				  achieve compliance with the applicable phosphorus criterion in s.
				  NR
				  102.06 through verifiable reductions of phosphorus
				  from point and nonpoint sources in the watershed. At a minimum, the plan shall
				  include the following:
1. An analysis of the
				  levels of phosphorus in the permittee's effluent and significant sources of
				  point and nonpoint phosphorus loadings in the watershed.
2. Goals and measures for determining whether
				  the actions identified in the plan are effective in achieving compliance with
				  the applicable phosphorus criterion in s.
				  NR
				  102.06.
3.
				  Identification of any anticipated partners that will assist in implementing the
				  phosphorus reductions to achieve compliance with the applicable phosphorus
				  criterion in s.
				  NR
				  102.06, including the partner's level of support for
				  the plan.
4. A demonstration that
				  the permittee has the ability to fund and implement the plan either
				  individually, or in conjunction with other permittees and nonpoint sources, or
				  other partners, including municipal and county governments, in the watershed.
				  Plans should include any contracts reflecting commitments by partners to
				  implement applicable actions.