NR 102.06(3)(3) Rivers, streams, and impounded flowing waters. To protect the fish and aquatic life uses established in s. NR 102.04 (3) on rivers and streams that generally exhibit unidirectional flow, total phosphorus criteria are established as follows: NR 102.06(3)(a)(a) A total phosphorus criterion of 100 ug/L is established for the following rivers or other unidirectional flowing waters: NR 102.06(3)(a)1.1. Apple River from the outlet of the Apple River Flowage in Amery to the St. Croix River, excluding Black Brook Flowage. NR 102.06(3)(a)2.2. Bad River from confluence with the Marengo River within the Bad River Indian Reservation downstream to Lake Superior. NR 102.06(3)(a)3.3. Baraboo River from highway 58 in La Valle to the Wisconsin River. NR 102.06(3)(a)4.4. Bark River from confluence with Scuppernong River near Hebron to the Rock River. NR 102.06(3)(a)5.5. Black River from confluence with Cunningham Creek near Neillsville to Mississippi River, excluding Lake Arbutus. NR 102.06(3)(a)6.6. Brule River from state highway 55 in Forest County downstream to Menominee River. NR 102.06(3)(a)7.7. Buffalo River from confluence with Harvey Creek near Mondovi to Mississippi River. NR 102.06(3)(a)8.8. Chippewa River from Lake Chippewa in Sawyer County to Mississippi River, excluding Holcombe Flowage, Cornell Flowage, Old Abe Lake, Lake Wissota and Dells Pond. NR 102.06(3)(a)9.9. Crawfish River from confluence with Beaver Dam River to Rock River. NR 102.06(3)(a)10.10. East Branch Pecatonica River from confluence with Apple Branch Creek near Argyle to Pecatonica River. NR 102.06(3)(a)11.11. Eau Claire River from confluence with Bridge Creek near Augusta to Chippewa River, excluding Altoona Lake. NR 102.06(3)(a)12.12. Embarrass River from confluence with Pigeon River near Clintonville to Wolf River. NR 102.06(3)(a)13.13. Flambeau River from outlet of Turtle-Flambeau Flowage in Iron County to Chippewa River, excluding Pixley Flowage, Crowley Flowage and Dairyland Flowage. NR 102.06(3)(a)14.14. Fox River from outlet of Lake Puckaway near Princeton to Green Bay, excluding Lake Butte des Morts and Lake Winnebago. NR 102.06(3)(a)15.15. Fox River from confluence with Mukwonago River near Mukwonago to state line, excluding Tichigan Lake. NR 102.06(3)(a)16.16. Grant River from confluence with Rattlesnake Creek near Beetown to Mississippi River. NR 102.06(3)(a)17.17. Jump River from confluence with the North Fork and the South Fork of the Jump rivers in Price County to Holcombe Flowage. NR 102.06(3)(a)18.18. Kickapoo River from confluence with Weister Creek near La Farge to Wisconsin River. NR 102.06(3)(a)19.19. Kinnickinnic River from confluence with Wilson Park Creek in Milwaukee to Milwaukee River. NR 102.06(3)(a)20.20. La Crosse River from confluence with Fish Creek near Bangor to Mississippi River, excluding Neshonoc Lake. NR 102.06(3)(a)21.21. Lemonweir River from outlet of New Lisbon Lake in New Lisbon to Wisconsin River, excluding Decorah Lake. NR 102.06(3)(a)22.22. Little Wolf River from confluence with South Branch Little Wolf River near Royalton to Wolf River. NR 102.06(3)(a)23.23. Manitowoc River from confluence of North Branch and South Branch Manitowoc rivers to the opening at the end of the piers at Lake Michigan. NR 102.06(3)(a)24.24. Menominee River from confluence with Brule River to the opening at the end of the piers at Green Bay. NR 102.06(3)(a)25.25. Menomonee River from confluence with Little Menomonee River to Milwaukee River. NR 102.06(3)(a)26.26. Milwaukee River from confluence with Cedar Creek downstream to the openings of the breakwaters at Lake Michigan. NR 102.06(3)(a)28.28. Namekagon River from outlet of Trego Lake near Trego to St. Croix River. NR 102.06(3)(a)29.29. Oconto River from confluence with Peshtigo Brook to the opening at the end of the piers at Green Bay. NR 102.06(3)(a)30.30. Pecatonica River from confluence with Vinegar Branch near Darlington to state line. NR 102.06(3)(a)31.31. Pelican River from confluence with Slaughterhouse Creek near Rhinelander to Wisconsin River. NR 102.06(3)(a)32.32. Peshtigo River from confluence with Brandywine Creek downstream to Green Bay, excluding Cauldron Falls Flowage and High Falls Flowage. NR 102.06(3)(a)33.33. Pine River from confluence with Popple River in Florence County to Menominee River, excluding Pine River Flowage. NR 102.06(3)(a)34.34. Red Cedar River from confluence with Brill River to Chippewa River, excluding Rice Lake, Tainter Lake and Lake Menomin. NR 102.06(3)(a)35.35. Rock River from outlet of Sinissippi Lake downstream to the state line, excluding Lake Koshkonong. NR 102.06(3)(a)36.36. St. Croix River from confluence with Namekagon River downstream to Mississippi River, excluding Lake St. Croix near Hudson. NR 102.06(3)(a)37.37. St. Louis River from state line to the opening between Minnesota Point and Wisconsin Point at Lake Superior. NR 102.06(3)(a)38.38. Sheboygan River from outlet of Sheboygan Marsh to the opening at the end of the piers at Lake Michigan. NR 102.06(3)(a)39.39. South Fork of Flambeau River from state highway 13 near Fifield to Flambeau River. NR 102.06(3)(a)40.40. Sugar River from outlet of Albany Lake to state line, excluding Decatur Lake. NR 102.06(3)(a)42.42. Trempealeau River from confluence with Pigeon Creek near Whitehall to Mississippi River. NR 102.06(3)(a)43.43. White River from outlet of White River Flowage in Ashland County to Bad River. NR 102.06(3)(a)44.44. Wisconsin River from the Rhinelander Dam to Mississippi River, excluding Lake Alice, Lake Mohawksin, Alexander Lake, Lake Wausau, Mosinee Flowage, Lake Dubay, Wisconsin River Flowage, Biron Flowage, Petenwell Flowage, Castle Rock Flowage and Lake Wisconsin. NR 102.06(3)(a)45.45. Wolf River from confluence with Hunting Creek in Langlade County to Lake Poygan. NR 102.06(3)(b)(b) Except as provided in subs. (6) and (7), all other surface waters generally exhibiting unidirectional flow that are not listed in par. (a) are considered streams and shall meet a total phosphorus criterion of 75 ug/L. NR 102.06(3)(c)(c) An impounded flowing water shall meet the river or stream criterion in par. (a) or (b) that applies to the primary stream or river entering the impounded water. NR 102.06(4)(4) Reservoirs and lakes. Except as provided in subs. (6) and (7), to protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5), total phosphorus criteria are established for reservoirs and lakes as follows: NR 102.06(4)(a)(a) For stratified reservoirs, total phosphorus criterion is 30 ug/L. For reservoirs that are not stratified, total phosphorus criterion is 40 ug/L. NR 102.06(4)(b)(b) For the following lakes that do not exhibit unidirectional flow, the following total phosphorus criteria are established: NR 102.06(4)(b)3.3. For lakes that are drainage lakes, but are not stratified lakes, 40 ug/L. NR 102.06(4)(b)5.5. For lakes that are seepage lakes, but are not stratified lakes, 40 ug/L. NR 102.06(5)(5) Great lakes. To protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5) on the Great Lakes, total phosphorus criteria are established as follows: NR 102.06(5)(a)(a) For both open and nearshore waters of Lake Superior, 5 ug/L. NR 102.06(5)(b)(b) For both open and nearshore waters of Lake Michigan, excluding waters identified in par. (c), 7 ug/L. NR 102.06(5)(c)(c) For the portion of Green Bay from the mouth of the Fox River to a line from Long Tail Point to Point au Sable, the water clarity and other phosphorus-related conditions that are suitable for support of a diverse biological community, including a robust and sustainable area of submersed aquatic vegetation in shallow water areas. NR 102.06(6)(b)(b) Lakes and reservoirs of less than 5 acres in surface area. NR 102.06(7)(a)(a) A criterion contained within this section may be modified by rule for a specific surface water segment or waterbody. A site-specific criterion may be adopted in place of the generally applicable criteria in this section where site-specific data and analysis using scientifically defensible methods and sound scientific rationale demonstrate a different criterion is protective of the designated use of the specific surface water segment or waterbody. Procedures for developing site-specific criteria for phosphorus are established in ch. NR 119. NR 102.06 NoteNote: Assessment procedures for site-specific phosphorus criteria are the same as those for statewide phosphorus criteria under s. NR 102.07, unless otherwise specified. NR 102.06(7)(b)(b) Site-specific criteria apply to the following waterbodies to protect fish and aquatic life uses and recreational uses: NR 102.06(7)(b)4.4. For Lac Courte Oreilles, a stratified two-story fishery lake, the total phosphorus criterion is 10 ug/L. Attainment of the criterion is determined by taking samples within 2 meters of the surface at the deepest points of the lake’s two-story fishery basins: East, Central, and West Basins. If the criterion is not attained at any one of the 3 deep points, then the lake as a whole, including the bays, is not attaining the criterion. NR 102.06 NoteNote: Reservoirs, two-story fishery lakes and water bodies with high natural background phosphorus concentrations are the most appropriate water bodies for site-specific criteria.
NR 102.06 HistoryHistory: Cr. Register, July, 1975, No. 235, eff. 8-1-75; am. Register, October, 1986, No. 370, eff. 11-1-86; renum. from NR 102.04, Register, February, 1989, No. 398, eff. 3-1-89; am. Register, November, 1992, No. 443, eff. 12-1-92; CR 10-035: r. and recr. Register November 2010 No. 659, eff. 12-1-10; renumbering of (2) (fm) made under s. 13.92 (4) (b) 1., Stats., Register November 2010 No. 659; CR 19-083: am. (4) (intro.), renum. (7) to (7) (a), cr. (7) (b) Register May 2020 No. 773, eff. 6-1-20; CR 10-093: am. (7) (a) Register September 2022 No. 801, eff. 10-1-22; CR 19-094: am. (1), (2) (intro.), renum. (2) (a), (f), (fm), (g), (i), (j) to NR 102.03 (1o), (4s), (6e), (6m), (6s), (7m) and, as renumbered, am. (6m), (6s), r. and recr. (3) (title), renum. (4) (c) to (3) (c) and am. Register September 2022 No. 801, eff. 10-1-22; CR 22-082: cr. (7) (b) 4. Register January 2024 No. 817, eff. 2-1-24. NR 102.07NR 102.07 Assessing phosphorus concentration. NR 102.07(1)(a)(a) Lakes and reservoirs. The total phosphorus criteria specified in s. NR 102.06 (4) apply to samples taken near a lake or reservoir’s deepest point, within 2 meters of the surface. For assessment purposes samples shall, whenever possible, be taken at least once per month for 3 months during the sampling period of June 1 to September 15. The department shall calculate a lake or reservoir’s arithmetic mean total phosphorus concentration using at least 2 years of data from the sampling period. NR 102.07 NoteNote: Reservoirs, multi-lobed lakes, or very large lakes may need more than one sampling station to assess the lake.
NR 102.07(1)(b)(b) Flowing waters. The total phosphorus criteria specified in s. NR 102.06 (3) apply to samples taken from the main channel near the area with greatest flow. For assessment purposes samples shall, whenever possible, be taken at least once per month for 6 months during the sampling period of May 1 to October 31. The department shall calculate the median total phosphorus concentration for a stream, river, or impounded flowing water using at least one year of data from the sampling period. NR 102.07(1)(c)(c) Assessment timeframe for lakes, reservoirs and flowing waters. NR 102.07(1)(c)1.1. In this paragraph, “weather-controlled total phosphorus concentration” means a waterbody’s mean or median total phosphorus concentration during the applicable assessment period, estimated from measured data while controlling for weather variability using a method such as the department’s Phosphorus Mixed Effects Regression calculation method. NR 102.07(1)(c)2.2. All representative data from the most recent 5 years shall be used for assessments, but data from the most recent 10 years may be used if representative of current conditions. If fewer than the recommended number of samples in par. (a) or (b) are available, the department may be able to make an assessment determination on a case-by-case basis. The department may calculate a site’s weather-controlled total phosphorus concentration to correct for weather variability and use this value to make an assessment determination in place of the mean or median calculated under par. (a) or (b). NR 102.07 NoteNote: A mean total phosphorus concentration is used for lakes or reservoirs; a median concentration is used for streams, rivers, or impounded flowing waters. Total phosphorus data may be submitted and weather-controlled concentrations can be obtained by contacting the department at DNRSWIMS@wisconsin.gov for access to the department’s SWIMS database. The statistical computer programming script to run the Phosphorus Mixed Effects Regression calculation can be obtained through the department’s Water Evaluation Section by contacting the department’s call center at 1-888-WDNRINFo (1-888-936-7463) or using options provided on its website at https://dnr.wi.gov/contact/. NR 102.07 NoteNote: The procedures in pars. (b) to (c) are also used for determining upstream concentrations of phosphorus under s. NR 217.13 (2) (d) for purposes of calculating a water-quality based effluent limit for a Wisconsin pollutant discharge elimination system (WPDES) permit. NR 102.07(2)(2) Exceedance determination. The department shall compare the mean or median calculated under sub. (1) to the waterbody’s applicable total phosphorus criterion specified in s. NR 102.06 to determine whether the waterbody is exceeding the criterion. To determine whether additional data are needed to make an attainment decision for section 303 (d) listing purposes, the department shall apply the confidence interval approach in s. NR 102.52 (2) (b) to (c). If application of those methods indicates that the waterbody is exceeding the phosphorus criterion, the department shall propose to include the waterbody on the section 303 (d) list as impaired for total phosphorus unless the department determines the waterbody is not exhibiting a biological response to phosphorus as specified in s. NR 102.60. NR 102.07 HistoryHistory: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22.
/exec_review/admin_code/nr/100/102
true
administrativecode
/exec_review/admin_code/nr/100/102/i/06/3/a/28
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
administrativecode/NR 102.06(3)(a)28.
administrativecode/NR 102.06(3)(a)28.
section
true
