NR 102.11(1)(c)10.10. Oconto county — North Branch Oconto river, South Branch Oconto river NR 102.11(1)(d)(d) The following cold or warm water streams and rivers or portions thereof: NR 102.11(2)(2) The waters identified in sub. (1) may not be lowered in quality except as provided in ch. NR 207. NR 102.11(3)(3) Surface waters, or portions thereof, may be added to, or deleted from, the exceptional resource waters designation through the rule making process under the provisions of ch. 227, Stats., and s. NR 2.03. NR 102.11 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; cr. (1) (c), Register, July, 1989, No. 403, eff. 8-1-89; cr. (1) (d), Register, May, 1993, No. 449, eff. 6-1-93; CR 05-105: renum. (1) (d) 1. to be 1t., cr. 1g., 1r., 15m., 25m., 26c., 26n., 26r., 26w., 31m., 35m., and 38m., am. 29., Register November 2006 No. 611, eff. 12-1-06; CR 09-123: am. (1) (b) 1., 5., 12., 15., 16., 23., 27., 33., 34., 37., (d) 5., 8., 15., 17., 28., 34., 39. and 42., cr. (1) (d) 26b. Register July 2010 No. 655, eff. 8-1-10. NR 102.12(1)(1) The Great Lakes system includes all the surface waters within the drainage basin of the Great Lakes. NR 102.12(2)(2) For the purpose of administering ch. NR 207 and consistent with chs. NR 105 and 106, the waters identified in sub. (1) are to be protected from the impacts of persistent, bioaccumulating toxic substances by avoiding or limiting to the maximum extent practicable increases in these substances. NR 102.12(3)(3) The waters of the Lake Superior basin shall be managed to prevent any new or increased discharges of the following pollutants: DDT, DDE and metabolites, chlordane, toxaphene, hexachlorobenzene, 2,3,7,8 TCDD, octachlorostyrene, mercury and PCB’s. For purposes of administering ch. NR 207, new or increased discharges of these pollutants shall be prohibited unless the applicant certifies at time of application, that the new or increased discharge is necessary after utilization of best technology in process or control using waste minimization, pollution prevention, municipal pretreatment programs, material substitution or other means of commercially available technologies which have demonstrated capability for similar applications. NR 102.12 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; r. and recr. (1), am. (2), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-089: cr. (3) Register July 2006 No. 607, eff. 8-1-06. NR 102.13 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89. NR 102.14(1)(1) At certain concentrations, substances may not be toxic to humans, but may impart undesirable taste or odor to water or aquatic organisms ingested by humans. The taste and odor criterion is derived to prevent substances from concentrating in surface waters or accumulating in aquatic organisms to a level which results in undesirable tastes or odors to human consumers. NR 102.14(2)(2) The taste and odor criterion is derived as follows: NR 102.14(2)(a)(a) For substances which impart tastes and odors to waters, the taste and odor criterion shall equal that threshold concentration (TCw) below which objectionable tastes or odors to human consumers do not occur. Threshold concentrations for substances imparting tastes and odors to water are listed in Table 1. NR 102.14(2)(b)(b) For substances which impart tastes or odors to aquatic organisms, the taste and odor criterion shall be calculated as follows: TOC = TC1
BAF
NR 102.14(2)(c)(c) The lower of the taste and odor criteria derived as specified in pars. (a) and (b) is applicable to surface waters classified as public water supplies. The taste and odor criteria derived as specified in par. (b) are applicable to cold water and warm water sport fish communities. NR 102.14(2)(d)(d) Threshold concentrations for substances imparting tastes or odors to water (TCw) other than those listed in Table 1 and threshold concentrations for substances imparting tastes or odors to aquatic organisms (TCf) shall be selected by the department using its best professional judgment. NR 102.14 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (2) (b) and (c), Register, August, 1997, No. 500, eff. 9-1-97. NR 102.20NR 102.20 Purpose. The purpose of this subchapter is to establish water quality standards for temperature pursuant to s. 281.15 (1), Stats. Water quality standards for temperature shall protect fish and other aquatic life from mortality, immobilization, loss of equilibrium, impaired growth, adverse reproductive effects, and other sub-lethal effects. NR 102.20 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.22NR 102.22 Definitions. In this subchapter, the following definitions are applicable to terms used: NR 102.22(1)(1) “Acute effects” means any effect resulting in death or immobilization. For temperature, the acute criteria of this subchapter are based on Upper Incipient Lethal Temperature (UILT) values that are not representative of immediate lethality. NR 102.22(2)(2) “cfs” means cubic feet per second, usually pertaining to stream or effluent flow. NR 102.22(3)(3) “Cold shock” means exposure of aquatic organisms to a rapid decrease in temperature and a sustained exposure to low temperature that induces abnormal behavioral or physiological performance and may lead to death. NR 102.22(4)(4) “Daily maximum temperature” means the highest allowed water temperature for a calendar day, outside a mixing zone allowed in this subchapter. NR 102.22(5)(5) “Great Lakes” means the open Wisconsin waters of Lake Superior, Lake Michigan, Green Bay and Chequamegon Bay, as well as adjoining open waters that exhibit characteristics of Lake Superior, Lake Michigan, Green Bay or Chequamegon Bay, or in other ways are determined by the department to be equivalent to these waters. NR 102.22(6)(6) “Maximum weekly average temperature” means the highest allowed arithmetic mean of all daily maximum temperatures during a calendar week, outside mixing zone allowed in this subchapter. NR 102.22(8)(8) “Sub-lethal effects” means effects resulting in inadequate gonad development, gamete production and viability, spawning or growth. NR 102.22 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.23NR 102.23 Categories of standards applicable to temperature. The department shall establish water quality standards for temperature to protect the following: NR 102.23(2)(2) Fish and other aquatic life uses as established in s. NR 102.04 (3). For exclusive purpose of the application of water quality standards for temperature, the warm water sport fish and warm water forage fish communities, as defined in s. NR 102.04 (3) (b) and (c), are treated together as warm water communities. NR 102.23(3)(3) Great Lakes communities as defined in s. NR 102.22 (6). This use exists only for the regulation of discharges of heat. NR 102.23 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.24NR 102.24 General water quality criteria for temperature. NR 102.24(1)(1) There may be no temperature changes that may adversely affect aquatic life. NR 102.24(2)(2) Natural daily and seasonal temperature fluctuations shall be maintained. NR 102.24 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.245NR 102.245 Temperature criteria for limited aquatic life communities. NR 102.245(1)(1) For the purposes of temperature criteria, all surface waters classified as diffused surface waters, wetlands and wastewater effluent channels, as defined in s. NR 104.02 (1), shall be characterized as limited aquatic life communities. NR 102.245(2)(2) The department may, as appropriate, characterize other surface waters not identified in sub. (1) as limited aquatic life communities. NR 102.245(3)(3) The temperature in waters classified as limited aquatic life shall be restricted as follows: NR 102.245(3)(a)(a) Temperatures at any point in waters classified as wastewater effluent channels may not exceed 120°F. NR 102.245(3)(b)(b) Temperatures at any point in waters classified as wetlands shall not exceed the standards in ch. NR 103. NR 102.245(3)(c)(c) Temperatures at any point in waters not identified in par. (a) or (b) may not exceed 86°F. Additionally, all conditions of ch. NR 103 shall be met. NR 102.245 NoteNote: The department recognizes there are legitimate concerns that not all wetlands and ephemeral streams are the biological equivalents of other limited aquatic life waters, and is in the process of re-evaluating the wetland and ephemeral stream classifications to determine if and when full fish and aquatic life conditions should be applied.
NR 102.245 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 102.25NR 102.25 Ambient temperatures and water quality criteria for the protection of fish and other aquatic life. NR 102.25(1)(1) General. In the absence of site-specific ambient temperature data or water quality criteria as determine in s. NR 102.26 or 102.27, respectively, the applicable ambient temperatures, sub-lethal water quality criteria, and acute water quality criteria shall be as specified in subs. (2) to (5). For determinations made in subs. (2) to (5), all of the following conditions shall apply: NR 102.25(1)(a)(a) The ambient temperature, sub-lethal water quality criterion, and acute water quality criterion specified for any calendar month shall be applied simultaneously to establish the protection needed for each identified fish and other aquatic life use. NR 102.25(1)(b)(b) Sub-lethal water quality criteria are to be applied as maximum weekly average temperatures. NR 102.25(1)(c)(c) Acute water quality criteria are to be applied as daily maximum temperatures. NR 102.25(1)(d)(d) Water quality criteria for temperature shall be applied in accordance with the mixing zone provisions of s. NR 102.05 (3). NR 102.25(1)(e)(e) Final acute and sub-lethal water quality criteria for temperature specified in or developed pursuant to ss. NR 102.24 to 102.26 shall not be exceeded at any point outside the mixing zone. Additionally, site-specific mixing zone studies may be required when deemed appropriate by the department. NR 102.25(2)(2) Non-specific waters. The values listed in Table 2 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for temperature for the protection of fish and aquatic life unless other values specified in subs. (3) to (5) are applicable or approved by the department pursuant to s. NR 102.26 or 102.27. Table 2
Ambient Temperatures and Water Quality Criteria for Temperature for Non-Specific Waters
(All values are expressed as degrees Fahrenheit)
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Cold = waters with a fish and aquatic life use designation of “cold water community”
5 Warm - Large = waters with a fish and aquatic life use designation of “warm water sport fish community” or “warm water forage fish community” and
unidirectional 7Q10 flows ³ 200 cfs (129 mgd)
6 Warm - Small = waters with a fish and aquatic life use designation of “warm sport fish community” or “warm water forage fish community “and uni-
directional 7Q10 flows < 200 cfs (129 mgd)
7 LFF = waters with a fish and aquatic life use designation of “limited forage fish community”
NR 102.25(3)(3) Specific large rivers. The values listed in Table 3 shall be the applicable ambient temperatures, sub-lethal and acute water quality criteria for temperature for the protection of fish and aquatic life for the identified water segments unless other values are approved by the department pursuant to s. NR 102.26 or 102.27. Table 3
Ambient Temperatures and Water Quality Criteria for Temperature for Specific Large Rivers
(All values are expressed as degrees Fahrenheit)
1 Ta = ambient temperature
2 SL = sub-lethal criteria
3 A = acute criteria
4 Mississippi River = applies to any portion of Wisconsin’s Mississippi River reach
5 Rock River = applies to waters downstream of Lake Koshkonong
6 Upper Wisconsin River = applies to waters upstream of Petenwell Dam
7 Lower Wisconsin River = applies to waters downstream of Petenwell Dam to the confluence with the Mississippi River
