Chapter NR 106

NR 106.59(6)(b)1. 1. Information regarding the biological quality of the animal and plant community of the receiving water including, but not limited to, species composition, richness, diversity, density, distribution, age structure, spawning incidence, and presence of any state or federally listed threatened or endangered species.

NR 106.59(6)(b)2. 2. Data concerning the physical characteristics of the receiving water or permitted or proposed outfalls that encourage rapid dilution, diffusion, dispersion, or dissipation of heat.

NR 106.59(6)(b)3. 3. The minimum and maximum temperatures of the receiving water upstream of all permitted or proposed outfalls for each calendar month over the past two years.

NR 106.59(6)(c) (c) In evaluating the potential for exceedance of sub-lethal criteria outside a small area of mixing and cooling, the department shall consider site-specific information including, but not limited to:

NR 106.59(6)(c)1. 1. The physical characteristics of the receiving water including those related to mixing, turbulence, diffusion, dilution, dispersion, and heat dissipation.

NR 106.59(6)(c)2. 2. The occurrence of other thermal mixing zones and their influence on the dissipative potential of the receiving water.

NR 106.59(6)(c)3. 3. The known or expected variability of effluent temperatures from the POTW.

NR 106.59(6)(c)4. 4. The known or expected difference between the ambient receiving water temperature and the representative effluent temperature.

NR 106.59(6)(c)5. 5. The attainment status of the receiving water biological community in response to the discharge of heated effluent.

NR 106.59(6)(c)6. 6. The potential impacts to state or federally listed threatened or endangered species.

NR 106.59 Note Note: The absence of information pertaining to subpars. 1-6 shall not preclude a determination that a sub-lethal effluent limitation is not necessary.

NR 106.59(6)(d) (d) In addition to the requirements of pars. (a) and (b), the department reserves the right to request additional information from the POTW to support the request for consideration of dissipative cooling.

NR 106.59(6)(e) (e) If the department determines that a sub-lethal effluent limitation is not necessary for a new POTW discharge or a re-located POTW outfall, a specific request for comment on the department’s determination shall be included in the public notice for the proposed permit.

NR 106.59(7) (7) Monitoring. WPDES permits issued in accordance with this section that include effluent temperature limitations shall include a requirement to monitor effluent temperatures on a weekly basis.

NR 106.59(8) (8) Permit reissuance.

NR 106.59(8)(a) (a) A POTW seeking reissuance of a permit in which the department did not include sub-lethal effluent limitations due to recognition of dissipative cooling may request continued consideration of dissipative cooling provided all of the following conditions are met:

NR 106.59(8)(a)1. 1. The request is received at the time of application for the permit reissuance.

NR 106.59(8)(a)2. 2. The POTW certifies, in writing, that there has been no substantive change in the operation of or loadings to the POTW relative to the information provided in the previous permit application under sub. (4) or (6).

NR 106.59(8)(a)3. 3. The POTW submits any new information generated during the current permit term and certifies, in writing, that the new information is consistent with information submitted with the previous permit application under sub. (4) or (6).

NR 106.59(8)(b) (b) If the department determines that the information provided in par. (a) is consistent with the information submitted with a previous permit application and that sub-lethal effluent limitations for temperature are not necessary, a specific request for comment on the department’s determination shall be included in the public notice for the proposed permit.

NR 106.59(8)(c) (c) If the department determines that the information provided in par. (a) is inconsistent with the information submitted with a previous permit application, the department shall establish sub-lethal effluent limitations when there is a reasonable potential for the discharge to cause or contribute to an exceedance of an applicable sub-lethal water quality criterion outside a small area of mixing and cooling.

NR 106.59 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.60 NR 106.60 Effluent limitations for temperature for discharges from new facilities. 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).

NR 106.60 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.61 NR 106.61 General permit.

NR 106.61(1) (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:

NR 106.61(1)(a) (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.

NR 106.61(1)(b) (b) Discharges to wetlands shall be allowed if, when granting coverage, the department determines that the requirements of ch. NR 103 are met.

NR 106.61(1)(c) (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.

NR 106.61(1)(d) (d) Discharges to the land surface, to the groundwater or to storm water ponds shall have a daily maximum effluent temperature limitation of 120oF, 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.

NR 106.61(1)(e) (e) Discharges shall not contain wastewater from industrial or commercial processes, other than those authorized in sub. (1).

NR 106.61(1)(f) (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.

NR 106.61(1)(g) (g) Discharge does not cause a safety hazard due to unsafe ice conditions in winter.

NR 106.61(1)(h) (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.

NR 106.61(2) (2) A general permit issued under this section may include any of the following conditions:

NR 106.61(2)(a) (a) Coverage under the general permit for discharges containing water treatment additives, except for biocides, provided all other requirements of this chapter are met.

NR 106.61(2)(b) (b) Provisions that account for the heat loss that occurs in a discharge to a storm sewer or other storm water conveyance channel assuming the heat loss occurs at a rate of 0.25 degree F per 100 feet of storm sewer or channel length. The effluent temperature limitations determined under this paragraph shall be established when the department grants coverage under this general permit.

NR 106.61(2)(c) (c) Provisions to allow the department to establish more stringent effluent temperature limitations as necessary to attain or maintain water quality standards in downstream or other adjacent waters. The effluent temperature limitations determined under this paragraph shall be established when the department grants coverage under the general permit.

NR 106.61(3) (3) A permittee granted coverage under the general permit authorized under this section shall be required to verify conformance with the conditions in sub. (1) whenever the permit coverage is renewed.

NR 106.61 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.62 NR 106.62 Compliance schedules. 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:

NR 106.62(1) (1) The permittee does not apply for an alternative effluent limitation under the provisions of subch. VI.

NR 106.62(2) (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.

NR 106.62 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10; CR 15-085: am. (intro.) Register August 2016 No. 728, eff. 9-1-16.

subch. VI of ch. NR 106 Subchapter VI — Alternative Effluent Limitations for Temperature

NR 106.70 NR 106.70 Purpose. 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.

NR 106.70 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.71 NR 106.71 Definitions. The definitions in ss. NR 205.03 and 205.04 apply to the terms used in this subchapter. In addition, the following definitions apply to the terms used in this subchapter:

NR 106.71(1) (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.

NR 106.71(2) (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.

NR 106.71(3) (3) “Existing discharge” means a discharge that is not a new POTW discharge.

NR 106.71(4) (4) “New discharge” means a discharge that is issued a WPDES permit on or after October 1, 2010.

NR 106.71(5) (5) “Relevant evidence” means new or historical biological data, physical monitoring data and engineering or diffusion models.

NR 106.71(6) (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.

NR 106.71(7) (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.

NR 106.71 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.72 NR 106.72 Application for alternative effluent limitations for temperature. 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.

NR 106.72(1) (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.

NR 106.72(2) (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:

NR 106.72(2)(a) (a) A description of the alternative effluent limitations for temperature requested.

NR 106.72(2)(b) (b) A description of the methodology the applicant used to support the demonstration.

NR 106.72(2)(c) (c) Biological, hydrological and meteorological data, physical monitoring data, engineering or diffusion models, laboratory studies and other relevant evidence.

NR 106.72(2)(d) (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.

NR 106.72(3) (3) Existing discharge. An existing permittee may submit an application for alternative effluent limitations for temperature for an existing 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 permittee may request alternative effluent limitations for temperature under either par. (a) or (b).

NR 106.72(3)(a) (a) A permittee may demonstrate that no appreciable harm has resulted from the normal component of the discharge to a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge has been made. In determining whether or not prior appreciable harm has occurred, the department shall consider the length of time in which the applicant has been discharging and the nature of the discharge.

NR 106.72(3)(b) (b) A permittee may demonstrate that, despite the occurrence of previous appreciable harm, alternative effluent limitations for temperature will 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 has been made.

NR 106.72(3)(c) (c) In the application under this section, the permittee shall provide all of the following:

NR 106.72(3)(c)1. 1. A description of the alternative effluent limitations for temperature requested.

NR 106.72(3)(c)2. 2. A description of the methodology the applicant used to support the demonstration.

NR 106.72(3)(c)3. 3. Biological, hydrological and meteorological data, physical monitoring data, engineering or diffusion models and laboratory studies and other relevant evidence.

NR 106.72(3)(c)4. 4. 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 water to which the discharge has been made.

NR 106.72 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.73 NR 106.73 Identification of representative, important species. 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.

NR 106.73 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.74 NR 106.74 Determination of alternative effluent limitations for temperature.

NR 106.74(1) (1) New discharges. Alternative effluent limitations for temperature may be established by the department for a new discharge if the permittee demonstrates that the discharge, considering the cumulative impact of the thermal discharge together with all other significant impacts on the species affected will assure the protection and propagation of representative, important species and will, in turn, assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and aquatic life in and on the body of receiving water.

NR 106.74(2) (2) Existing discharges. Alternative effluent limitations for temperature may be established by the department for an existing discharge if the permittee has demonstrated either of the following:

NR 106.74(2)(a) (a) No appreciable harm has resulted from the thermal component of the discharge, taking into account the interaction of the component with other pollutants and the additive effect of other thermal discharges, to the representative, important species and a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water receiving the discharge.

NR 106.74(2)(b) (b) That despite the occurrence of previous appreciable harm, alternative effluent limitations for temperature will assure the protection and propagation of the representative, important species and a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into receiving the discharge, taking into account the interaction of the thermal component with other pollutants and the additive effect of other thermal discharges.

NR 106.74(3) (3) Appreciable harm. In determining whether appreciable harm has occurred the department shall consider any relevant biological, engineering or other data demonstrating that effluent limitations for temperature calculated using 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 receiving the discharge.

NR 106.74(4) (4) Existing variance water limitations. Alternative effluent limitations for temperature determined under this subchapter shall supersede any temperature limitations listed in s. NR 104.06 (2) (b).

NR 106.74(5) (5) Zebra mussel control. Alternative effluent limitations for temperature determined under this subchapter shall be met, except for short-term excursions for zebra or other mussel control, as approved by the department and authorized in a permit on a case-by-case basis.

NR 106.74 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.75 NR 106.75 Compliance schedules. Whenever the department issues or modifies a permit with alternative effluent limitations for temperature established using the procedures in this subchapter, the permit may contain a compliance schedule consistent with the provisions in s. NR 106.117 to attain such limitations. The permittee shall achieve compliance with the limitations as soon as reasonably possible, but no later than the expiration date of the permit.

NR 106.75 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10; CR 15-085: am. Register August 2016 No. 728, eff. 9-1-16.

NR 106.76 NR 106.76 Public notice. The public notice of intent to issue, reissue, or modify a permit with alternative effluent limitations established under this subchapter shall contain all of the following:

NR 106.76(1) (1) The effluent temperature limitations that are calculated using the procedures specified in subch. V.

NR 106.76(2) (2) The proposed alternative effluent limitations for temperature.

NR 106.76(3) (3) A statement that the applicant has submitted a demonstration in support of a request for alternative effluent limitations for temperature and that the department is proposing to establish such alternative effluent limitations for temperature or, in the event that at the time of permit issuance, reissuance or modification there is insufficient information to support alternative effluent limitations for temperature, that the department is proposing to include a compliance schedule in the permit.