Chapter NR 212

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(25) (25) “Water quality standards” means administrative rules adopted as chs. NR 102, 103 and 104, under authority of s. 281.15, Stats.

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 NR 212.05 General.

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;

NR 212.115(1)(b) (b) The department shall consider the differences in waste characteristics and location of the affected point sources to determine amounts by which the existing point source allocations are reduced; and

NR 212.115(1)(c) (c) Transfer agreements approved by the department shall be for at least one wasteload allocation season and may not extend beyond the term of the seller’s discharge permit.

NR 212.115(1)(d) (d) Transfers may not be approved by the department until the discharger applying for an increased wasteload allocation demonstrates through the use of a toxicity test approved by the department that the transfer will not result in a failure, as defined by the department, of the toxicity test.

NR 212.115(2) (2) Prior to department approval of a transfer, the discharger applying for an increased wasteload allocation shall demonstrate to the satisfaction of the department that the increase is needed due to:

NR 212.115(2)(a) (a) New production by a new discharger,

NR 212.115(2)(b) (b) Increased production which cannot be accommodated by the current treatment facility, or

NR 212.115(2)(c) (c) The inability of the current waste treatment facility to meet current wasteload allocations despite optimal operation and maintenance of the treatment facility.

NR 212.115(3) (3) Prior to department approval of a transfer, all parties to the transfer shall waive all rights under s. 227.51, Stats., to retain any transfer beyond the expiration date of the WPDES permit of the dischargers applying to receive a transfer. The waiver shall be incorporated into both the legally binding agreement in sub. (1) (a) and the WPDES permit of all parties to the agreement.

NR 212.115 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

NR 212.12 NR 212.12 Instream aeration.

NR 212.12(1) (1) Total maximum loads established under this chapter may be calculated based on the use of instream aeration techniques when WPDES permit applications meet both the following conditions:

NR 212.12(1)(a) (a) A cost-effectiveness analysis is submitted to the department which demonstrates that instream aeration is a satisfactory means of attaining water quality standards; and

NR 212.12(1)(b) (b) A demonstration is made to the satisfaction of the department that applicable water quality standards will be met and no environmental pollution as defined in s. 299.01 (4), Stats., will occur.

NR 212.12(2) (2) Instream aeration may not be used to accommodate new or increased discharges of pollutants either from new point sources or from the expansion of existing point sources, except that instream aeration may be available on a temporary basis to accommodate increased pollution loads due to the growth of a municipality when:

NR 212.12(2)(a) (a) The use of aeration for this purpose is restricted to residential or public sector growth;

NR 212.12(2)(b) (b) Adequate operation and maintenance of the publicly-owned point source exists;

NR 212.12(2)(c) (c) Excessive infiltration and inflow have been removed from the collection systems;

NR 212.12(2)(d) (d) No bypasses occur that are not approved by the department; and

NR 212.12(2)(e) (e) The municipality has taken all reasonable steps to obtain federal and state financing for its point source.

NR 212.12(3) (3) The use of instream aeration under sub. (2) shall be allowed for a period not to exceed 5 years, at which time the publicly-owned point source shall have sufficient treatment capability in place to meet the waste water treatment needs as required by an approved municipal waste water treatment facility plan developed under ch. NR 110.

NR 212.12 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; CR 15-085: am. (2) (d) Register August 2016 No. 728, eff. 9-1-16.

NR 212.13 NR 212.13 Flow reregulation.

NR 212.13(1) (1) Total maximum loads established under this chapter may be calculated based on the use of flow reregulation techniques when WPDES permit applicants meet all of the following conditions:

NR 212.13(1)(a) (a) A cost-effectiveness analysis is submitted to the department which demonstrates that flow reregulation is a satisfactory means of attaining water quality standards.

NR 212.13(1)(b) (b) A technical analysis is presented to the satisfaction of the department which determines the critical water quality conditions for the affected stream segment as a function of the flow reregulation technique.

NR 212.13(1)(c) (c) Legally binding assurances are provided to the satisfaction of the department that the entity responsible for reregulating flows on the affected stream segment will undertake the agreed-upon flow reregulation activities.

NR 212.13(1)(d) (d) The flow reregulation does not interfere with the uses for which the impoundment was authorized.

NR 212.13(2) (2) Flow reregulation may not be used to accommodate new discharges of pollutants either from new point sources or from the expansion of existing point sources.

NR 212.13(3) (3) Flow reregulation may not be accomplished by the construction of new impoundments built for the primary purpose of increasing flows to accommodate pollution loadings.

NR 212.13(4) (4) Flow reregulation may not be accomplished by flow augmentation practices which would increase the overall quantity of surface water in the basin. Prohibited practices include interbasin transfers or groundwater pumping.

NR 212.13 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81.