reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter II - Implementation › Section NR 103.07 - Definitions

Current through June 24, 2024
As used in this subchapter:
(1) "Expansion activities of existing
				  cranberry operations" means expansions of existing cranberry beds,
				  "squaring-off" of existing cranberry beds, construction of new cranberry beds
				  adjacent to existing beds, rehabilitation of abandoned beds, construction of
				  dikes for subdivision of an existing reservoir, and the construction or
				  extension of dikes for reservoir expansion.
(1m) "Mitigation project" means the
				  restoration, enhancement or creation of wetlands to compensate for adverse
				  impacts to other wetlands. "Mitigation project" includes using credits from a
				  wetland mitigation bank.
(2)
				  "Practicable alternatives" means available and capable of being implemented
				  after taking into consideration cost, available technology and logistics in
				  light of overall project purposes.
(3) "Water dependency" or "wetland
				  dependency" means the activity is of a nature that requires location in or
				  adjacent to surface waters or wetlands to fulfill its basic purpose.
(4) "Wetland mitigation bank" means a system
				  of accounting for wetland loss and compensation that includes one or more sites
				  where wetlands are restored, enhanced or created to provide transferable
				  credits to be subsequently applied to compensate for adverse impacts to other
				  wetlands.
(5) "Working day" means
				  any day except Saturday, Sunday and holidays designated under s.
				  230.35(4)
				  (a), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 103 - Water Quality Standards For Wetlands › Subchapter II - Implementation › Section NR 103.08 - Department determinations

Current through June 24, 2024
(1) The department
				  shall review all proposed activities subject to this chapter and shall
				  determine whether the project proponent has shown, based on the factors in sub.
				  (3), if the activities are in conformance with the provisions of this chapter.
				  The department shall, upon request, meet with a project proponent and other
				  interested persons to make a preliminary assessment of the scope for an
				  analysis of alternatives and the potential for compliance with this chapter.
(1k)
(a) For the purposes of reviewing an
				  application under this chapter, the department may require submission of
				  information consistent with s.
				  NR
				  299.03(1).
(b) The department shall review the
				  application for completeness within 30 days of receipt of the application. The
				  department shall notify the applicant of any additional information reasonably
				  necessary to review the application. An application may not be considered
				  complete until the requirements of the Wisconsin environmental policy act, s.
				  1.11,
				  Stats., have been met.
(c) The
				  applicant shall submit, at any time during the review process, additional
				  information which the department finds to be reasonably necessary for review of
				  the application.
(d) The department
				  shall protect as confidential any information, other than effluent data,
				  submitted under this chapter which meets the requirements of s.
				  283.55(2),
				  Stats., and under s.
				  NR
				  2.19.
(e)
				  For all activities that meet the criteria listed in sub. (4) (c) 3. and that do
				  not require authorization under ch. 30, Stats., the department shall make a
				  decision on an application within 60 working days of receipt of a complete
				  application from the project proponent.
(f) The 60 working day limit does not apply
				  if the department determines that weather conditions prevent the department
				  from making a decision in that time frame.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.01 - General

Current through June 24, 2024
(1) "It is...the goal of the state of
				  Wisconsin that, wherever attainable, an interim goal of water quality which
				  provides for the protection and propagation of fish, shellfish and wildlife and
				  provides for recreation in and on the water be achieved by 1983. . ." s.
				  283.001(1)
				  (b), Stats. The long-range goal of Wisconsin
				  water quality standards is, therefore, to permit the use of water resources for
				  all lawful purposes. Surface waters which because of natural conditions are not
				  conducive to the establishment and support of the complete hierarchy of aquatic
				  organisms shall not be degraded below present levels, but shall be upgraded as
				  necessary to support assigned uses. Most surface waters within the state of
				  Wisconsin already meet or exceed the goals specified above. However, certain
				  waters of the state may not meet these goals for the following reasons:
(a) The presence of inplace
				  pollutants,
(b) Low natural
				  streamflow,
(c) Natural background
				  conditions, and
(d) Irretrievable
				  cultural alterations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.02 - Surface water classifications and effluent limitations

Current through June 24, 2024
(1) Hydrologic
				  classification. "Surface waters" as defined in s.
				  NR
				  102.03(7), may be classified
				  according to their hydraulic or hydrologic characteristics. For purposes of
				  this chapter, surface waters will be classified by the department into one of
				  the following categories:
(a)
Lakes or
				  flowages.
This classification includes bodies of water whose current
				  is more or less stagnant or which lacks a unidirectional current.
(b)
Diffused surface waters.
This classification includes any water from rains, intermittent springs or
				  melting snow which flows on the land surface, through ravines, etc., which are
				  usually dry except in times of runoff. This category does not include waters at
				  the land surface in the vicinity of agricultural or waste-water irrigation
				  disposal systems.
(c)
Wetlands.
This classification includes areas where water is
				  at, near, or above the land surface long enough to be capable of supporting
				  aquatic or hydrophytic vegetation and which have soils indicative of wet
				  conditions.
(d)
Wastewater
				  effluent channels.
This classification includes discharge conveyances
				  constructed primarily for the purpose of transporting wastes from a facility to
				  a point of discharge. Drainage ditches (including those established under ch.
				  88, Stats.) constructed primarily for the purposes of relieving excess waters
				  on agricultural lands shall not be construed as effluent channels.
				  Modifications made to natural watercourses receiving wastewater effluents for
				  the purpose of increasing or enhancing the natural flow characteristics of the
				  stream shall not be classified as effluent channels.
(e)
Noncontinuous streams.
This classification includes watercourses which have a defined stream channel,
				  but have a natural 7-day Q flow of less than 0.1 cfs and do not exhibit
				  characteristics of being perpetually wet without wastewater
				  discharges.
(f)
Continuous
				  streams.
This classification includes watercourses which have a
				  natural 7-day Q flow of greater than 0.1 cfs or which exhibit characteristics
				  of a perpetually wet environment, are generally capable of supporting a diverse
				  aquatic biota and flow in a defined stream channel.
Note:
The application of this classification
					 system is not dependent on the navigability properties of the watercourse, but
					 is dependent upon the quantity-quality relationships of the surface
					 water.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.04 - Provision for changes

Current through June 24, 2024
The surface waters specified in this chapter are not
					 intended to be an exclusive listing nor do the specified effluent criteria
					 purport to meet the 1983 water quality goals set forth in ch. 283, Stats.
					 Additions to or deletions from these listings may be made based upon the
					 accumulation of information necessary to make such determination and in
					 accordance with the requirements of ch. 227, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.06 - Variances and additions applicable in the southeast district

Current through June 24, 2024
Subject to the provisions of s.
					 NR 104.04,
					 intrastate surface waters in the southeast district counties of Kenosha,
					 Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha shall meet the
					 criteria for fish and aquatic life and recreational use with exceptions and
					 additions as follows.
(1) VARIANCE.
				  Surface waters in the southeast district subject to a variance under s.
				  NR
				  104.02(3) are listed in table
				  4.
(2) OTHER VARIANCES.
(a) The following surface waters in the
				  southeast district shall meet the standards for fish and aquatic life except
				  that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time:
1. Underwood creek in Milwaukee and Waukesha
				  counties below Juneau boulevard.
2.
				  Barnes creek in Kenosha county.
3.
				  Pike creek, a tributary of Pike river, in Kenosha county.
4. Pike river in Racine county.
5. Indian creek in Milwaukee
				  county.
6. Honey creek in Milwaukee
				  county.
7. Menomonee river in
				  Milwaukee county below the confluence with Honey creek.
8. Kinnickinnic river in Milwaukee
				  county.
9. Lincoln creek in
				  Milwaukee county.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.07 - Variances and additions applicable in the Lake Michigan district

Current through June 24, 2024
Subject to the provisions of s.
					 NR 104.04,
					 intrastate surface waters in the Lake Michigan district counties of Brown,
					 Calumet, Door, Florence, Fond du Lac, Green Lake, Kewaunee, Manitowoc,
					 Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Sheboygan,
					 Waupaca, Waushara and Winnebago shall meet the criteria for fish and aquatic
					 life and recreational use with exceptions and additions as follows:
(1) ADDITION. The public water supply
				  standard shall be met in the following surface waters:
(a) Lake Winnebago.
(b) Fox river from Lake Winnebago downstream
				  to the upper dam in the city of Appleton.
(c) West branch Wolf river at
				  Neopit.
(d) Rainbow lake in Waupaca
				  county.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.09 - Variances and additions applicable in the west central district

Current through June 24, 2024
Subject to the provisions of s.
					 NR 104.04,
					 intrastate waters in the west central district counties of Barron, Buffalo,
					 Chippewa, Clark, Crawford, Dunn, Eau Claire, Jackson, La Crosse, Monroe, Pepin,
					 Pierce, Polk, St. Croix, Trempealeau and Vernon shall meet the criteria for
					 fish and aquatic life and recreational use with exceptions and additions as
					 follows:
(1) ADDITION. The public
				  water supply standard shall be met in the following surface waters:
(a) Black river at Neillsville.
(b) Town creek at Black River
				  Falls.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter I - Intrastate Waters › Section NR 104.10 - Variances and additions applicable in the northwest district

Current through June 24, 2024
Subject to the provisions of s.
					 NR 104.04,
					 intrastate waters in the northwest district counties of Ashland, Bayfield,
					 Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor and Washburn shall meet the
					 criteria for fish and aquatic life and recreational use with exceptions and
					 additions as follows:
(1) ADDITION.
				  The public water supply standard shall be met in the following surface waters:
(a) Lake Lavina in Iron county.
(b) Little Rib lake in Taylor
				  county.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.20 - Wisconsin-Illinois waters

Current through June 24, 2024
(1) The Des Plaines
				  River, Pitscasaw Creek, Nippersink Creek and Turtle Creek upstream of the
				  Rock-Walworth county line are used for wildlife and stock watering, waste
				  assimilation, warm water fishery and recreation. Dutch Gap Canal and Trevor
				  Creek have similar uses excepting waste assimilation. The main stems of these
				  streams shall meet the requirements for recreational use and fish and aquatic
				  life.
(2) The Fox River is used for
				  recreation, waste assimilation, industrial supply, fishing and irrigation.
				  Water quality in the Fox River shall meet the standards for recreational use
				  and fish and aquatic life.
(3)
				  Benet/Shangrila, Cross and Elizabeth Lakes are located on the
				  Wisconsin-Illinois boundary and used for fishing and recreation. Their water
				  quality shall meet the requirements for fish and aquatic life and recreational
				  use.
(d) The Rock River and Sugar River are
				  used for waste assimilation, recreation, fish and aquatic life, irrigation,
				  stock and wildlife watering and hydropower. Their waters shall meet water
				  quality standards for recreational use and fish and aquatic
				  life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.21 - Wisconsin-Minnesota-Iowa-Illinois waters

Current through June 24, 2024
The Mississippi River is used for commercial and
					 recreational fishing, industrial and cooling water supply, boating, hunting,
					 commercial shipping and waste assimilation. Water quality shall meet the
					 standards and requirements for recreational use and fish and aquatic
					 life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.22 - Wisconsin-Minnesota waters

Current through June 24, 2024
(1) The St. Croix
				  River has high scenic and aesthetic value and is used for recreation, fishing,
				  hydropower, commercial shipping, stock and wildlife water supply, and waste
				  assimilation. An anticipated use involves industrial and cooling water supply.
				  Its water quality shall meet the standards and requirements for recreational
				  use and fish and aquatic life. The standards for public water supply shall be
				  met downstream from the north line of Polk county.
(2) Upper Tamarack River, East Branch Hay
				  Creek and West Branch Hay Creek are used for recreation, fishing, and stock and
				  wildlife water supply. Their water quality shall meet the requirements for
				  recreation and fish and aquatic life.
(3) The St. Louis River adjoining Wisconsin
				  is used for recreation, fishing, waste assimilation and commercial shipping. It
				  is anticipated that a future use in the Lower St. Louis River will include
				  cooling and industrial water supply. The St. Louis River water quality shall
				  meet standards for recreational use and fish and aquatic life.
(4) Black River and Black Lake, Nemadji River
				  and South Fork Nemadji River, Mud Creek, Clear Creek, Pokegama River and Red
				  River are used for fishing, stock and wildlife water supply and recreation.
				  Water quality of these streams shall meet the standards and requirements for
				  recreation and fish and aquatic life. A section of Black River is classified
				  for trout.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.23 - Wisconsin-Minnesota-Michigan waters

Current through June 24, 2024
Lake Superior is used for recreation, commercial and
					 recreational fishing, shipping, municipal water supply, industrial and cooling
					 water, and waste assimilation. Lake Superior open waters shall meet the
					 criteria and requirements for public water supplies. All waters of Lake
					 Superior shall meet the standards for recreational use and fish and aquatic
					 life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.24 - Wisconsin-Michigan waters

Current through June 24, 2024
(1) The Montreal
				  River is used for hydropower, recreation, wildlife and stock watering, waste
				  assimilation and has aesthetic value. Its waters shall meet the standards and
				  requirements for recreational use and fish and aquatic life.
(2) Several waters cross the
				  Wisconsin-Michigan line including Wester Creek, Black River tributaries,
				  McDonald Creek tributaries, Bena Lake Inlet, Harris Creek, Moraine Creek, Oxbow
				  Lake Inlet, Unnamed Creek between Little Presque Isle Lake and Twin Island
				  Lake, South and East Branch Presque Isle River, tributary to Palmer Lake,
				  Johnson Springs Outlet, Lobischer Creek and Elvoy Creek and the following
				  lakes:
(a)
Unnamed (T44N, R5E, Sec.18)
(j)
Big
(k)
West Bay
(b)
Moraine
(L)
Mamie
(c)
Stateline
(m)
Big Bateau
(d)
Basin
(n)
Mill
(e)
Little Presque Isle
(o)
Crystal
(f)
Roach
(p)
Eleanor
(g)
Tenderfoot
(q)
Lac Vieux Desert
(h)
Plum
(r)
Nurwood
(i)
Crampton
(s)
Smoky
Uses of these waters include fishing, recreation,
					 aesthetic, and stock and wildlife watering. Their water quality shall meet the
					 requirements and standards for recreation and fish and aquatic life. The Black
					 River tributaries and Elvoy Creek are classified as trout waters.
(3) The Brule and Menominee Rivers
				  are used for hydropower production and the latter stream is used for waste
				  assimilation and industrial water supply. Fishing, recreation, aesthetic values
				  and stock, and wildlife watering are common to both. The Brule River is
				  classified as a trout stream and it shall meet the requirements for recreation
				  and the standards for trout waters. Waste quality requirements and standards on
				  the Menominee River shall meet the standards for recreational use and fish and
				  aquatic life.
(4) Green Bay is used
				  for public water supply, recreation, commercial and recreational fishing,
				  industrial and cooling water, and waste assimilation. The waters of Green Bay,
				  except as provided below, shall meet the standards for fish and aquatic life
				  and recreational use.
(5) Green Bay
				  waters southeasterly from the navigation channel and southerly from the north
				  line of Brown County shall from January 1 to April 1 annually meet the
				  standards for recreational use and fish and aquatic life except that the
				  dissolved oxygen shall not be lowered to less than 2 mg/L at any
				  time.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.25 - Wisconsin-Michigan-Illinois-Indiana waters

Current through June 24, 2024
Lake Michigan is used for recreation, commercial and
					 recreational fishing, shipping, public water supply, waste assimilation, and
					 industrial and cooling water. All Lake Michigan waters shall meet the standards
					 for public water supplies and the standards for recreational use and fish and
					 aquatic life, in addition to the thermal criteria contained in s.
					 NR
					 102.04, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.26 - Trout waters

Current through June 24, 2024
Trout waters include the open waters of Lakes Superior and
					 Michigan as well as those classified by the department of natural resources.
					 They must be given special protection as required by the fish and aquatic life
					 standards.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.27 - Fish reproduction

Current through June 24, 2024
Standards adequate to maintain fish reproduction shall be
					 maintained in the open waters of Lake Superior and Lake Michigan and in all
					 other interstate waters which are designated by the department as of primary
					 importance in the public interest for the maintenance of fish
					 reproduction.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 104 - Uses And Designated Standards › Subchapter II - Interstate Waters › Section NR 104.28 - Revision of designated uses

Current through June 24, 2024
Modification of the uses and designated standards
					 established in this chapter may be initiated by the department, by petition of
					 any interested person, or by the natural resources board, subject to the
					 provisions of ch. 227, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish water quality
				  criteria, and methods for developing criteria and secondary values for toxic
				  substances to protect public health and welfare, the present and prospective
				  use of all surface waters for public and private water supplies, and the
				  propagation of fish and aquatic life and wildlife. This chapter also
				  establishes how bioaccumulation factors used in deriving water quality criteria
				  and secondary values for toxic and organoleptic substances shall be determined.
				  Water quality criteria are a component of surface water quality standards. This
				  chapter and chs.
				  NR 102 to
				  104 constitute quality standards
				  for the surface waters of Wisconsin.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.02 - Applicability

Current through June 24, 2024
The provisions of this chapter are applicable to surface
				  waters of Wisconsin as specified in chs.
				  NR 102 to
				  104 and in this chapter.
(1) SITE SPECIFIC CRITERIA AND SECONDARY
				VALUES. A criterion contained within this chapter or a secondary value
				calculated pursuant to this chapter may be modified for a particular surface
				water segment or body. A criterion or secondary value may be modified if
				specific information is provided which shows that the data used to derive the
				criterion or secondary value do not apply and if additional information is
				provided to derive a site-specific criterion or secondary value. Site-specific
				criteria are intended to be applicable to a specific surface water segment.
				Criteria may be modified for site-specific considerations according to the
				USEPA "Water Quality Standards Handbook" Second Edition, revised 1994. Any
				criterion modified for site-specific conditions shall be promulgated in ch. NR
				104 before it can be applied on a site-specific basis. Site-specific
				modifications of criteria and secondary values shall be consistent with the
				procedures described in 40 CFR Part 132, Appendix F, Procedure 1: Site-specific
				modifications to criteria and values. 40 CFR Part 132, Appendix F, Procedure 1
				as stated on September 1, 1997 is incorporated by reference.
Note: Copies of 40 CFR Part 132 Appendix F, Proc. 1 are
				  available for inspection in the offices of the department of natural resources,
				  secretary of state and the legislative reference bureau, Madison, WI or may be
				  purchased from the superintendent of documents, US government printing office,
				  Washington, D.C. 20402.
(2)
				STATEWIDE CRITERIA.
(a) The department may
				promulgate a less stringent criterion or remove a criterion from this chapter
				when the department determines that the previously promulgated criterion is
				more stringent than necessary, or unnecessary for the protection of humans,
				fish and other aquatic life or wildlife. The modification shall assure that the
				designated uses are protected and water quality standards continue to be
				attained.
(b) The department may
				promulgate a more stringent criterion in this chapter when the department
				determines that the previously promulgated criterion is inadequate for the
				protection of humans, fish and other aquatic life or wildlife.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.04 - Determination of adverse effects

Current through June 24, 2024
(1) Substances may
				not be present in surface waters at concentrations which adversely affect
				public health or welfare, present or prospective uses of surface waters for
				public or private water supplies, or the protection or propagation of fish or
				other aquatic life or wild or domestic animal life.
(2) A substance shall be deemed to have
				adverse effects on fish or other aquatic life if it exceeds any of the
				following more than once every 3 years:
(a)
				The acute toxicity criterion as specified in s. NR 105.05, or
(b) The chronic toxicity criterion as
				specified in s. NR 105.06.
(c) The
				acute and chronic toxicity criteria for ammonia nitrogen shall be determined on
				a case-by-case basis by the department for the appropriate aquatic life use
				category.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.05 - Acute toxicity criteria and secondary acute values for aquatic life

Current through June 24, 2024
(1) MINIMUM
				DATABASE FOR ACUTE CRITERION DEVELOPMENT.
(a)
				To derive an acute toxicity criterion for aquatic life, the minimum information
				required shall be the results of acceptable acute toxicity tests with one or
				more species of freshwater animal in at least 8 different families provided
				that of the 8 species:
1. At least one is a
				salmonid fish in the family Salmonidae in the class Osteichthyes,
2. At least one is a non-salmonid fish from
				another family in the class Osteichthyes, preferably a commercially or
				recreationally important warmwater species,
3. At least one is a planktonic crustacean
				(e.g., cladoceran, copepod),
4. At
				least one is a benthic crustacean (e.g., ostracod, isopod, amphipod,
				crayfish),
5. At least one is an
				insect (e.g., mayfly, dragonfly, damselfly, stonefly, caddisfly, mosquito,
				midge),
6. At least one is a fish
				or amphibian from a family in the phylum Chordata not already represented in
				one of the other subdivisions.
7.
				At least one is an organism from a family in a phylum other than Arthropoda or
				Chordata (e.g., Rotifera, Annelida, Mollusca), and
8. At least one is an organism from a family
				in any order of insect or any other phylum not already represented in subds. 1.
				to 7.
9. If all 8 of the families
				in subds. 1. to 8. are represented, an acute toxicity criterion may be
				developed for surface waters classified as cold water using information on all
				of those families. If an acute toxicity criterion is developed for surface
				waters classified as cold water, acute toxicity criteria may also be developed
				for any of the surface water classifications in s.
				NR
				102.04(3) (b) to (e) using the
				procedure in sub. (2) or (3) and data on families in subds. 1. to 8. which are
				representative of the aquatic life communities associated with those
				classifications. For each substance, in no case may the criterion for a lower
				quality fish and aquatic life subcategory as defined in s.
				NR
				102.04 be less than the criterion for a higher quality
				fish and aquatic life subcategory.
10. For a substance, if all of the families
				in subds. 1. to 8. are not represented, an acute toxicity criterion may not be
				developed for that substance. Instead, any available data may be used to
				develop a secondary acute value (SAV) for that substance according to s.
				NR
				105.02(3) and sub.(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.06 - Chronic toxicity criteria and secondary chronic values for fish and aquatic life

Current through June 24, 2024
(1) MINIMUM DATABASE FOR CHRONIC CRITERION
				DEVELOPMENT.
(a) To derive a chronic toxicity
				criterion for aquatic life, the minimum information required shall be results
				of acceptable chronic toxicity tests with one or more species of freshwater
				animal in at least 8 different families provided that of the 8 species:
1. At least one is a salmonid fish, in the
				family Salmonidae in the class Osteichthyes,
2. At least one is a non-salmonid fish, from
				another family in the class Osteichthyes, preferably a commercially or
				recreationally important warmwater species,
3. At least one is a planktonic crustacean
				(e.g., cladoceran, copepod),
4. At
				least one is a benthic crustacean (e.g., ostracod, isopod, amphipod,
				crayfish),
5. At least one is an
				insect (e.g., mayfly, dragonfly, damselfly, stonefly, caddisfly, mosquito,
				midge),
6. At least one is a fish
				or amphibian from a family in the phylum Chordata not already represented in
				one of the other subdivisions,
7.
				At least one is an organism from a family in a phylum other than Arthropoda or
				Chordata (e.g., Rotifera, Annelida, Mollusca), and
8. At least one is an organism from a family
				in any order of insect or any other phylum not already represented in subds. 1.
				to 7.
9. If all 8 of the families
				in subds. 1. to 8. are represented, a chronic toxicity criterion may be
				developed for surface waters classified as cold water using information on all
				of those families. If a chronic toxicity criterion is developed for surface
				waters classified as cold water, chronic toxicity criteria may also be
				developed for any of the surface water classifications in s.
				NR
				102.04(3) (b) to (e) using the
				procedure in sub. (2) or (3) and data on families in subds.1. to 8. which are
				representative of the aquatic life communities associated with those
				classifications. For each substance, in no case may the criterion for a lower
				quality fish and aquatic life subcategory as defined in s.
				NR
				102.04 be less than the criterion for a higher quality
				fish and aquatic life subcategory.
10. For a substance, if all the families in
				subds. 1. to 8. are not represented, acute-chronic ratios as calculated in sub.
				(5) may be used to generate the chronic toxicity values necessary to calculate
				a chronic toxicity criterion.
11.
				For a substance, if all of the families in subds. 1. to 8. are not represented,
				a chronic toxicity criterion may not be developed for that substance except as
				provided in subd. 10. Instead, any available data may be used to develop a
				secondary acute value (SAV) for that substance according to sub. (4).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.07 - Wildlife criteria

Current through June 24, 2024
(1) The wildlife criterion is the
				concentration of a substance which if not exceeded protects Wisconsin's
				wildlife from adverse effects resulting from ingestion of surface waters of the
				state and from ingestion of aquatic organisms taken from surface waters of the
				state.
(a) For any substance not shown in
				Table 7, the wildlife criterion (WC) is the lower of the available mammalian or
				avian wildlife values (WVs) calculated pursuant to sub. (2). A wildlife
				criterion protective of Wisconsin's reptile fauna may be calculated pursuant to
				sub. (2) whenever data specific to reptiles are available.
(b) Table 7 contains the wildlife criteria
				calculated according to the procedures of this chapter.
Table 7
Wildlife Criteria
Substance
Criteria (in ng/L, except where indicated)
DDT & Metabolites
0.011
Mercury
1.3
Polychlorinated Biphenyls
0.12
2,3,7,8 - TCDD
0.003 (pg/L)
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.10 - Bioaccumulation factor

Current through June 24, 2024
(1) The bioaccumulation factor used to derive
				wildlife, human threshold, human cancer and taste and odor criteria or
				secondary values is determined from a baseline BAF using the methodology
				provided in Appendix B to 40 CFR part 132. 40 CFR part 132, Appendix B as
				stated on September 1, 1997, is incorporated by reference. BAFs shall be used
				to calculate criteria and secondary values for human health and wildlife. Use
				of a BAF greater than 1000, as determined from either of the methods referred
				to in sub. (2) (c) or (d) for organic substances, will result in the
				calculation of a secondary value. The baseline BAF is based on the
				concentration of freely dissolved substances in the ambient water to facilitate
				extrapolation from one water to another.
(2) Baseline BAFs shall be derived using one
				of the following 4 methods, which are listed from most preferred to least
				preferred.
(a) A measured baseline BAF for an
				organic or inorganic substance derived from a field study of acceptable
				quality;
(b) A predicted baseline
				BAF for an organic substance derived using field-measured BSAFs of acceptable
				quality;
(c) A predicted baseline
				BAF for an organic or inorganic substance derived from a BCF measured in a
				laboratory study of acceptable quality and a food-chain multiplier. Food-chain
				multipliers are provided in 40 CFR part 132, Appendix B; or
(d) A predicted baseline BAF for an organic
				substance derived from a KOW of acceptable quality and a food-chain
				multiplier.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 105 - Surface Water Quality Criteria And Secondary Values For Toxic Substances › Section NR 105.11 - Final plant values

Current through June 24, 2024
(1) A Final Plant Value (FPV) is the lowest
				plant value that was obtained with an important aquatic plant species in an
				acceptable toxicity test for which the concentrations of the test substance
				were measured and the adverse effect was biologically important. Appropriate
				measures of the toxicity of the substance to aquatic plants are used to compare
				the relative sensitivities of aquatic plants and animals.
(2) A plant value is the result of a 96-hour
				test conducted with an algae or a chronic test conducted with an aquatic
				vascular plant. A test of the toxicity of a metal to a plant may not be used if
				the medium contained an excessive amount of a complexing agent, such as EDTA,
				that might affect the toxicity of the metal. Concentrations of EDTA above 200
				mg/L should be considered excessive.
(3) The FPV shall be established by selecting
				the lowest result from a test with an important aquatic plant species in which
				the concentrations of test material are measured and the endpoint is
				biologically important.
Although procedures for conducting and interpreting the
					 results of toxicity tests with plants are not well advanced, results of tests
					 with plants usually indicate that criteria which adequately protect aquatic
					 animals and their uses will, in most cases, also protect aquatic plants and
					 their uses.
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 I - Applicability › Section NR 106.01 - Purpose

Current through June 24, 2024
One purpose of this chapter is to specify how the
					 department will calculate water quality based effluent limitations under s.
					 283.13(5),
					 Stats., for toxic and organoleptic substances and whole effluent toxicity. The
					 other purpose of this chapter is to specify how the department will decide if
					 and how these limitations will be included in Wisconsin pollution discharge
					 elimination system (WPDES) permits. Water quality based effluent limitations
					 for toxic and organoleptic substances are needed to assure attainment and
					 maintenance of surface water quality standards as established in accordance
					 with s.
					 281.15(1),
					 Stats., and as set forth in chs.
					 NR 102 to 105.
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 I - Applicability › Section NR 106.02 - Applicability

Current through June 24, 2024
The provisions of this chapter are applicable to point
					 sources which discharge wastewater containing toxic or organoleptic substances
					 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 II - General Procedures for Effluent Limitations › Section NR 106.05 - Determination of the necessity for water quality based effluent limitations for toxic and organoleptic substances

Current through June 24, 2024
(1)
(a)
General.
The department
				  shall establish water quality based effluent limitations for point source
				  dischargers whenever the discharges from those point sources contain(s) toxic
				  or organoleptic substances at concentrations or loadings which do not, as
				  determined by any method in this section, meet applicable water quality
				  standards specified in chs.
				  NR 102 to 105.
(b)
Determining necessity for
				  limitations based on secondary values.
The department may establish
				  water quality based effluent limitations for point source discharges based on
				  secondary values calculated according to ch. NR 105. The department shall
				  calculate secondary values and establish limitations for toxic and organoleptic
				  substances in permits based on secondary values when, in the judgment of the
				  department, one or more of the following factors support the necessity for the
				  values, in conjunction with the procedures in subs. (2) to (8).
1. Whole effluent toxicity or other
				  biomonitoring or bioassay test results indicate toxicity to test or other
				  species.
2. The use designation of
				  the receiving water is or may be impaired.
3. There is other information that the
				  industrial category or subcategory of the point source or the industrial or
				  other sources discharging to a publicly owned treatment works discharges the
				  substance.
4. The substance in the
				  wastewater will not be adequately removed or reduced by the type of wastewater
				  treatment provided.
5. The
				  ecological or environmental risk from the substance may be significant when
				  discharged to surface waters.
6.
				  Other relevant factors which may cause an adverse effect on surface waters as
				  specified in s.
				  NR
				  105.04(1).
(c) If the department determines that a
				  limitation based on an aquatic life acute or chronic secondary value should be
				  established in a permit according to the provisions in this section, a
				  permittee may request an alternative WET limit in accordance with s.
				  NR
				  106.07(7).
Note:
A toxic or organoleptic substance
					 includes, but is not limited to, those substances in Table 6 of 40 CFR part
					 132.
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 106.06 - Calculation of water quality based effluent limitations for toxic and organoleptic substances

Current through June 24, 2024
(1) BASIS FOR LIMITATIONS.
(a) The department shall establish water
				  quality based effluent limitations for point source dischargers whenever such
				  limitations are necessary, as determined by any method in this section, to meet
				  the applicable water quality standards, criteria and secondary values as
				  determined in chs.
				  NR 102 to 105.
(b)
1. Water
				  quality based effluent limitations for toxic and organoleptic substances shall
				  be determined to attain and maintain water quality standards and criteria or
				  secondary values, 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.
2. For discharges
				  to Green Bay that are north of 44° 32' 30" north latitude, the cold water
				  community criteria shall apply in effluent limit calculations. For discharges
				  to Green Bay that are south of 44° 32' 30" north latitude, effluent
				  limitations shall be established in accordance with subd. 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 II - General Procedures for Effluent Limitations › Section NR 106.08 - Determination of the necessity for whole effluent toxicity testing requirements and limitations

Current through June 24, 2024
(1) GENERAL. The department shall establish
				  whole effluent toxicity testing requirements and limitations whenever necessary
				  to meet applicable water quality standards as specified in chs.
				  NR 102 to 105 as measured by
				  exposure of aquatic organisms to an effluent and specified effluent dilutions.
				  When considering the necessity for whole effluent toxicity testing requirements
				  and limitations, the department shall consider in-stream biosurvey data and
				  data from ambient toxicity analyses, whenever such data are
				  available.
(2) DETERMINATION OF
				  NECESSITY. If representative discharge data are available for an effluent being
				  discharged from a point source, whole effluent toxicity testing requirements
				  are necessary when any of the following apply:
(a) Existing aquatic life toxicity test data
				  generated according to standard test protocols indicate a potential for an
				  effluent from a point source discharge to adversely impact the receiving water
				  aquatic life community.
(b) A water
				  quality-based effluent limitation for a toxic substance is determined necessary
				  in s.
				  NR
				  106.05.
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 106.10 - Noncontact cooling water additives

Current through June 24, 2024
The department shall establish water quality based
					 effluent limitations for toxic and organoleptic substances in noncontact
					 cooling water discharges as follows:
(1) For toxic and organoleptic substances
				  commonly added by suppliers of drinking water systems and present in the
				  noncontact cooling water, a water quality based effluent limitation calculated
				  under s.
				  NR
				  106.06 that is based on the applicable water quality
				  criterion or secondary value shall be included in the permit unless the
				  permittee demonstrates at least one of the following:
(a) The concentration of the substance in the
				  intake water is dissipated within the system that supplies the intake water to
				  the permittee and is consistently less than the water quality based effluent
				  limitation.
(b) An effluent
				  limitation is not necessary as determined using the reasonable potential
				  procedures in s.
				  NR
				  106.05.
(c) Prior to reaching the receiving water,
				  the substance dissipates or is removed to a level that is below the 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 II - General Procedures for Effluent Limitations › Section NR 106.11 - Multiple discharges

Current through June 24, 2024
Whenever the department determines that more than one
					 discharge may be affecting the water quality of the same receiving water for
					 one or more substances, the provisions of this chapter shall be used to
					 calculate the combined allowable load from the discharges necessary to meet the
					 water quality criteria for the substances. The resultant combined allowable
					 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 section, the department 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. Permittees
					 shall be given the opportunity to comment to the department on any
					 determination made under this section.
The method of allocating the combined allowable load in
						s. NR 106.11 is not required to be based on the effluent flow rates specified
						in s.
						NR
						106.06(4)
						(d).