NR 212.77 Public Participation.
NR 212.01
NR 212.01 Purpose. The purpose of this chapter is to establish the procedures, methodologies, and requirements to be used by the department for determining total maximum pollutant loadings and corresponding water quality related effluent limitations in accordance with ss.
283.13 (5),
283.31 (3) (d) 3., and
283.83 (1) (c), Stats. Such restrictions are established to attain and maintain the designated uses specified in the water quality standards appearing in
chs. NR 102,
103, and
104.
subch. II of ch. NR 212
Subchapter II — Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments
NR 212.02(1)
(1) The provisions of this subchapter are applicable to water quality related effluent limitations for biochemical oxygen demand developed through wasteload allocations for the Lower Fox River from milepoints 0-40.0, Upper Wisconsin River from milepoints 171.9-341.4, and Peshtigo River from milepoints 0-12, and established under s.
283.13 (5), Stats.
NR 212.02(2)
(2) Nothing in this subchapter shall in any way inhibit, override, preclude, or prevent the department from issuing any permit with toxic effluent limits even if such permit limitations would result in more stringent limitations than provided in this subchapter.
NR 212.02 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81;
CR 15-085: r. and recr. (1), am. (2) Register August 2016 No. 728, eff. 9-1-16. NR 212.03
NR 212.03 Definitions. In addition to the definitions and abbreviations in
ss. NR 205.03 and
205.04, the following definitions are applicable to terms used in this subchapter:
NR 212.03(1)
(1) “Baseline load" means the reference load used in distributing all or part of the total maximum load among multiple point source dischargers to a water quality limited segment.
NR 212.03(2)
(2) “Categorical effluent limitation" means a point source effluent limitation for categories and classes of point sources other than publicly-owned treatment works achieved by application of the best practicable control technology currently available, the best conventional pollutant control technology, or the best available technology economically achievable as required by s.
283.13 (2), Stats.; or means a point source effluent limitation for a publicly-owned treatment works achieved by application of secondary treatment as required by s.
283.13 (4), Stats.
NR 212.03(3)
(3) “Conventional pollutant" means those pollutants identified in section 304 (a) (4) of the federal clean water act amendments of 1977. These pollutants are: biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease.
NR 212.03(4)
(4) “Cost-effective analysis" means a systematic comparison of alternative means of meeting state water quality standards, effluent limitations or other treatment standards in order to identify the alternative which will minimize the total resources costs over the appropriate planning period. These resources costs include monetary costs and environmental as well as other nonmonetary costs.
NR 212.03(5)
(5) “Critical water quality conditions" means those water conditions upon which are based the most stringent water quality effluent limitations.
NR 212.03(5m)
(5m) “Designated management agency" means any agency designated in an areawide water quality management plan having responsibility for implementing specific plan recommendations.
NR 212.03(6)
(6) “Effluent limitation" whenever used without qualification means any restriction including schedules of compliance, established by the department, on quantities, rates and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into waters of this state.
NR 212.03(7)
(7) “Flow reregulation" means any practice with respect to the available surface waters in a basin that would alter the stream flows from those which would occur under existing regimes.
NR 212.03(8)
(8) “Infiltration" means water other than waste water that enters a sewerage system, including sewer service connections, from the ground through such sources as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
NR 212.03(9)
(9) “Inflow" means water other than waste water that enters a sewerage system, including sewer service connections, from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
NR 212.03(10)
(10) “Instream aeration" means techniques which increase the dissolved oxygen content of a receiving water. Those techniques include, but are not limited to, mechanical aeration devices, diffuser systems, and turbine venting.
NR 212.03(11)
(11) “Margin of safety" means a portion of the total maximum load which accounts for the uncertainties concerning the relationship between effluent limitations and water quality or provide a greater assurance that the water quality standards will be met. This portion of the total maximum load is not available for allocation to point sources.
NR 212.03(12)
(12) “New point source", for the purposes of this subchapter, means a point source which commenced operation after January 1, 1980.
NR 212.03(13)
(13) “Nonpoint source" means a source of pollution resulting from a land management activity which contributes to runoff, seepage or percolation; and which is not defined as a point source.
NR 212.03(14)
(14) “Nonpoint source allocation" means that portion of the total maximum load distributed or apportioned to nonpoint sources and unavailable for allocation to point sources.
NR 212.03(14e)
(14e) “Off-machine production" means that quantity of paper or paperboard taken from a paper machine for further processing, conversion or sale exclusive of coating material applied after the paper machine.
NR 212.03(14q)
(14q) “Projected population change" means an increment of projected population change for a sewer service area pursuant to the appropriate areawide water quality management plan.
NR 212.03(15)
(15) “Point source allocation" means that portion of the total maximum load distributed or apportioned to point sources.
NR 212.03(16)
(16) “Publicly-owned point source" means any point source which is owned by a municipality.
NR 212.03(17)
(17) “Public sector growth" means an increase in waste water discharge from any person except industrial establishments, whose waste water is treated by a publicly-owned point source.
NR 212.03(18)
(18) “Reserve capacity" means that portion of the total maximum load reserved for allocation to new or expanding point sources.
NR 212.03(19)
(19) “Residential growth" means an increase in population.
NR 212.03(20)
(20) “Stream segment" means a portion of a stream including natural and artificial flowages.
NR 212.03(21)
(21) “Total maximum load" means the maximum quantity of a pollutant or pollutants that can be discharged into a water quality limited segment over a specified period of time to maintain the applicable water quality standards. The total maximum load is the sum of the point source allocation, the nonpoint source allocation, the reserve capacity and the margin of safety.
NR 212.03(22)
(22) “Wasteload allocation" means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source discharge.
NR 212.03(23)
(23) “Water quality limited segment" means any area or portion of a stream which will not meet the established water quality standard with application of only categorical effluent limitations to all point sources.
NR 212.03(24)
(24) “Water quality related effluent limitation" means a point source effluent limitation designed to meet applicable water quality standards and which is more restrictive than the categorical effluent limitations. For the purposes of this subchapter, water quality related effluent limitations refer to those determined as a result of a wasteload allocation.
NR 212.03(26)
(26) “WPDES permit" means a Wisconsin pollutant discharge elimination system permit for the discharge of pollutants issued by the department under
ch. 283, Stats.
NR 212.03 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; cr. (5m), (14e) and (14q),
Register, May, 1986, No. 365, eff. 6-1-86;
CR 15-085: am. (intro.), (3), (12), (22), (24) Register August 2016 No. 728, eff. 9-1-16. NR 212.05(1)
(1) Water quality related effluent limitations and total maximum loads shall be established whenever categorical effluent limits required under s.
283.13, Stats., are less stringent than necessary to achieve the designated water quality standard. Water quality related effluent limitations for point sources shall be specified in a WPDES permit.
NR 212.05(2)
(2) For the purposes of this chapter compliance with water quality related effluent limitations is recognized as compliance with s.
283.31 (4) (d), Stats.
NR 212.05(3)
(3) In no case shall the water quality related effluent limitations be less stringent than applicable categorical effluent limitations.
NR 212.05(4)
(4) Analysis of the samples shall be performed in accordance with
ch. NR 219. Laboratory test results for 5-day biochemical oxygen demand and nutrients submitted to the department under this chapter shall be performed by a laboratory certified or registered under
ch. NR 149.
NR 212.05 Note
Note:
The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.
NR 212.05 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; cr. (4),
Register, April, 1986, No. 364, eff. 8-28-86.
NR 212.06
NR 212.06 Determination of the total maximum load. NR 212.06(1)(1) When required by
s. NR 212.05, total maximum loads for stream segments shall be established based upon relevant water quality and quantity considerations including, but not limited to, streamflow, water temperature, pH, dissolved oxygen, suspended solids and hardness or other natural background conditions. The stream conditions to be used for calculating the total maximum load are specified in
s. NR 102.03 (3). Variable loadings may be established for a given stream segment to reflect the varying capacity of a stream to assimilate wastes under differing conditions when necessary supporting data is available.
NR 212.06(2)
(2) Total maximum loads established in
ss. NR 212.40 to
212.70 shall be reviewed at least once every 5 years and if necessary, recalculated by the department prior to permit reissuance, based on factors which shall include but not be limited to changes in stream conditions and advancements in stream modeling techniques, discharge characteristics, readjustment of modeling coefficients, utilization of new data, or baseline load revisions under
s. NR 212.065.
NR 212.06 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; am. (2),
Register, May, 1986, No. 365, eff. 6-1-86.
NR 212.065
NR 212.065 Modification of baseline loads. NR 212.065(1)(1) Baseline loads established in
ss. NR 212.40 to
212.70 shall be reviewed at least once every 5 years and if necessary, revised by the department based on factors that shall include, but not be limited to population projections, modifications to categorical effluent limits, production curtailment or expansions, permit expiration and revocation, cessation of discharge or other issues. Any temporary reallocation under
s. NR 212.11 (2) shall be considered as part of baseline load revisions at the 5 year update.
NR 212.065(2)
(2) In proposing revisions to total maximum daily loads or baseline loads in
ss. NR 212.40 to
212.70 due to reallocation, the department staff shall consider increases in allocations only for circumstances when:
NR 212.065(2)(a)
(a) A new discharger requires a wasteload allocation due to insufficient reserve capacity being available in the applicable stream segment; or
NR 212.065(2)(b)
(b) An existing discharger demonstrates to the satisfaction of the department that additional wasteload allocation is required due to a production expansion or municipal growth. The demonstration shall include an analysis of the discharger's current wastewater treatment facility's capability to adequately treat the increased influent. The demonstration shall also include an analysis that the discharger's wastewater treatment facility is adequately maintained and operated at optimal efficiency; or
NR 212.065(2)(c)
(c) An existing discharger demonstrates to the satisfaction of the department that additional wasteload allocation is required due to the inability of its wastewater treatment facility to attain existing wasteload allocations. The demonstration shall include an analysis that the discharger has installed appropriate treatment technology and that the current facility is maintained and operated at optimal efficiency.
NR 212.065(2)(d)
(d) A reallocation of total maximum daily loads would result in establishment of a reserve capacity through procedures identified in
ss. NR 212.40 through
212.70.
NR 212.065(2)(e)
(e) Through use of a toxicity test approved by the department, the discharger applying for an increased total maximum daily load demonstrates that such increase will not result in a failure, as defined by the department, of the toxicity test.
NR 212.065 History
History: Cr.
Register, May, 1986, No. 365, eff. 6-1-86.
NR 212.07
NR 212.07 Allocation for reserve capacity. The allocation for a reserve capacity for a particular stream segment shall be zero unless otherwise specified in
ss. NR 212.40 to
212.70.
NR 212.07 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; am.
Register, May, 1985, No. 353, eff. 6-1-85.
NR 212.08
NR 212.08 Allocation for margin of safety. The allocation for a margin of safety shall be zero unless otherwise specified in
ss. NR 212.40 to
212.70.
NR 212.08 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; am.
Register, May, 1985, No. 353, eff. 6-1-85.
NR 212.09
NR 212.09 Nonpoint source allocation. The allocation for nonpoint sources shall be zero unless otherwise specified in
ss. NR 212.40 to
212.70.
NR 212.09 Note
Note:
For those stream conditions where the allocation of water quality related effluent limitations is necessary, nonpoint source effects on stream segments will normally be accounted for in the water quality model or other technical analysis used to determine the total maximum load. In unforeseen circumstances requiring the specific allocation of a portion of the total maximum load for contributions from nonpoint sources, s.
NR 212.09 can be used. Direct control of contributions from nonpoint sources will be implemented through land management control practices and will not normally be included in a waste load allocation.
NR 212.09 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; am.
Register, May, 1985, No. 353, eff. 6-1-85.
NR 212.10
NR 212.10 Point source allocations. NR 212.10(1)
(1) The water quality related effluent limitations for a point source discharge to a stream segment which is not impacted by any other point source shall be calculated by subtracting any allocations for reserve capacity, margin of safety or nonpoint sources from the total maximum loading.
NR 212.10(2)
(2) The procedures for determining water quality related effluent limitations for point source dischargers to a stream segment affected by more than one discharger are found in
ss. NR 212.40 to
212.70.
NR 212.10(3)
(3) The department may permit point source water quality related effluent limitations to vary according to flow, temperature or other water quality conditions only when all of the following are met:
NR 212.10(3)(a)
(a) The limitations shall result in the attainment of water quality standards; and
NR 212.10(3)(b)
(b) During the term of the permit the discharger provides sufficient monitoring capability where such capability does not otherwise exist.
NR 212.10(4)
(4) Water quality related effluent limits shall be expressed as daily maximum loads. Consistent with techniques established under
ss. NR 212.40 through
212.70 effluent limits may be expressed as averages in conjunction with daily maximum limits if the permittee demonstrates that such limits would not increase the probability of water quality standards violations. The flow and temperature measurements of stream conditions for flow and temperature related permits may be based on averages in cases where averages better approximate actual river conditions.
NR 212.10 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; am. (2) and (4),
Register, May, 1985, No. 353, eff. 6-1-85.
NR 212.11
NR 212.11 Modifications and temporary reallocation of point source allocations. NR 212.11(1)
(1) When a discharger to a publicly-owned point source covered by this chapter applies to receive a separate WPDES permit or when a person with a WPDES permit applies to terminate its direct discharge in order to contribute to a publicly-owned point source covered by this chapter, permit modification procedures contained in ss.
283.37 and
283.53 (2), Stats., shall apply. Any reallocation pursuant to such action shall only affect the applicant and the publicly-owned point source to which it discharges.
NR 212.11(2)
(2) Procedures for temporary reallocation for individual stream segments are identified in
ss. NR 212.40 through
212.70. Notwithstanding procedures identified in
ss. NR 212.40 through
212.70, temporary reallocation of wasteload allocations may be allowed under the following conditions:
NR 212.11(2)(a)
(a) Reallocations approved by the department shall be for at least one calendar year and shall expire at the end of the affected discharger's WPDES permit term;
NR 212.11(2)(b)
(b) Reallocations shall account for differences in waste characteristics and location of discharge as determined by the department and may not adversely affect a downstream segment's wasteload allocation; and
NR 212.11(2)(c)
(c) Reallocations may not affect baseline loads in affected stream segments but may result in an adjustment to total maximum daily loads identified in
ss. NR 212.40 through
212.70.
NR 212.11(3)
(3) Reallocations may not be approved by the department until the discharger applying for a reallocation demonstrates through the use of a toxicity test approved by the department that such reallocation will not result in toxicity in the receiving water.
NR 212.11(4)
(4) Prior to department approval of a reallocation, all parties to the transfer shall waive all rights under s.
227.51, Stats., to retain any reallocation beyond the expiration date of the WPDES permit of the dischargers applying to receive a reallocation. The waiver shall be effectuated through incorporation into the WPDES permit of the affected discharger.
NR 212.11 History
History: Cr.
Register, September, 1981, No. 309, eff. 10-1-81; r. and recr.
Register, August, 1985, No. 356, eff. 9-1-85.
NR 212.115
NR 212.115 Transferable wasteload allocation. NR 212.115(1)(1) Transfers of wasteload allocations between point source dischargers may be allowed through the permit issuance or modification process under the following conditions:
NR 212.115(1)(a)
(a) The discharger applying to receive a transfer secures a legally binding agreement approved by the department, that the WPDES permit allocations for one or more existing dischargers shall be reduced by an amount sufficient to prevent the total maximum load under
ss. NR 212.40 to
212.70 from being exceeded;
