Chapter NR 212

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.

NR 212.40 NR 212.40 Determination of lower Fox river water quality related effluent limitations. Effluent limitations for point sources discharging BOD5 to the lower Fox river shall be calculated according to the procedures contained in this section. These limitations shall apply from May 1 to October 31 annually.

NR 212.40(1) (1) 

NR 212.40(1)(a) (a) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 40.0 and 32.4 are shown in Table 1-a.

NR 212.40(1)(b) (b) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 32.4 and 19.2 are shown in Table 1-b.

NR 212.40(1)(c) (c) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 7.2 and 0.0 are shown in Table 1-c. For the period June 1 through June 30 of each year, section A of the MAY-JUNE table shall be replaced with section A of the JULY-AUGUST table. The total maximum daily BOD5 loads shown in Table 1-c have been determined in accord with ss. NR 102.02 and 102.03 to maintain the dissolved oxygen criteria except for natural conditions and the historically altered hydraulic characteristics.

NR 212.40(2) (2) The department shall determine baseline loads for each point source subject to the wasteload allocation in accordance with all of the following:

NR 212.40(2)(a) (a) Publicly-owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each publicly-owned point source shall be calculated as follows:

NR 212.40(2)(am) (am) Publicly-owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each publicly-owned point source shall be calculated as follows:

NR 212.40(2)(b) (b) Nonpublicly-owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each nonpublicly-owned point source shall be calculated as follows:

NR 212.40(2)(c) (c) Nonpublicly-owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each nonpublicly-owned point source shall be calculated as follows:

NR 212.40(2)(d) (d) Mini-cluster adjustment. The baseline load for nonpublicly-owned point sources between milepoints 0.8 and 0.5, and 0.4 and 0.0 shall be adjusted by subtracting 10% of the contractual maximum daily BOD5 discharged to the publicly-owned point source located between milepoint 1.0 and 0.0. The 10% contractual maximum figure for both non-publicly-owned point sources shall be added to the baseline load for the publicly-owned point source located between milepoints 1.0 and 0.0.

NR 212.40(3) (3) 

NR 212.40(3)(a) (a) Determine the reserve capacity adjustment. The reserve capacity for each publicly-owned point source located between milepoints 40.0 and 19.2 shall be calculated as follows:

NR 212.40(3)(b) (b) The reserve capacity for each publicly-owned point source located between milepoints 7.0 and 6.0 shall be calculated as follows:

NR 212.40(3)(c) (c) The reserve capacity for each publicly-owned point source located between milepoints 1.0 and 0.0 shall be calculated as follows:

NR 212.40(4) (4) Determine the adjustments to the baseline loads.

NR 212.40(4)(a) (a) The adjusted baseline load for each publicly-owned point source shall be equal to the baseline load for the source calculated in sub. (2) (a) or (am) plus the reserve capacity for the same source calculated in sub. (3), plus the mini-cluster adjustment, if any, calculated in sub. (2) (d).

NR 212.40(4)(b) (b) The adjusted baseline load for each nonpublicly-owned point source shall be calculated as follows:

NR 212.40(4)(c) (c) The adjusted baseline load for publicly-owned and nonpublicly-owned point sources from milepoints 32.4 through 19.2 shall include an incremental addition as follows:

NR 212.40(4)(d) (d) The adjusted baseline load for nonpublicly-owned point source located between milepoint 0.8 and 0.5 shall be reduced by 2500 pounds of BOD5 from the amount calculated in par. (b).

NR 212.40(5) (5) Determine the allocation for each point source. The allocation for each point source shall be calculated as follows:

NR 212.40(6) (6) For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.40(6)(a) (a) For a point source discharging into the lower Fox river from milepoints 40.0 through 19.2, the sum of the actual daily discharges for any 7-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under sub. (5) for the same 7-consecutive-day-period; and

NR 212.40(6)(am) (am) For a point source discharging into the lower Fox river from milepoints 7.2 through 0.0, the sum of the actual daily discharges for any 7-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under sub. (5) for the same 7-consecutive-day-period; and

NR 212.40(6)(b) (b) For any one day period;

NR 212.40(6)(b)1. 1. For a point source discharging into the lower Fox river between milepoints 40.0 through 32.4, the actual discharge may not exceed 138% of the allocation for that day as calculated under sub. (5).

NR 212.40(6)(b)2. 2. For a point source discharging into the lower Fox river between milepoints 32.4 and 19.2, the actual discharge may not exceed 120.0% of the allocation for that day as calculated under sub. (5).

NR 212.40(6)(b)3. 3. For a point source discharging into the lower Fox river between milepoints 7.2 and 0.0, the actual discharge may not exceed 134% of the allocation for that day as calculated under sub. (5).

NR 212.40(7) (7) The flow and temperature conditions used to determine compliance with permit effluent limits shall be the representative measurements of the flow averaged over the previous 4 days and temperature of the previous day.

NR 212.40(8) (8) Reallocation of available wasteload allocations.

NR 212.40(8)(a) (a) Wasteload allocations may be reallocated under par. (c) when a wasteload allocated permit expires, is revoked or surrendered for the following purposes:

NR 212.40(8)(a)1. 1. Provide for the wasteload needed due to the reactivation of a facility that had closed and made the wasteload available.

NR 212.40(8)(a)2. 2. Provide the wasteload for new production increases by existing dischargers.

NR 212.40(8)(a)3. 3. Provide the wasteload for production by a new discharger.

NR 212.40(8)(a)4. 4. Provide for existing dischargers to raise their existing allocations in the appropriate stream segment towards categorical effluent limitation levels based upon a demonstration of need that the dischargers’ treatment facility is incapable of meeting applicable wasteload allocations.

NR 212.40(8)(b) (b) Reallocations shall include an explicit reserve capacity for future new dischargers or future production increases by existing dischargers.

NR 212.40(8)(c) (c) The following procedures shall be used to reallocate available wasteloads:

NR 212.40(8)(c)1. 1. Upon notification by the department of an available wasteload allocation pursuant to par. (a), the designated management agency shall publish a notice of wasteload availability.

NR 212.40(8)(c)2. 2. A 6 month period shall be provided for persons to declare interest in available wasteload allocations.

NR 212.40(8)(c)3. 3. Within 60 days of the end of the 6 month period the designated management agency shall conduct a public meeting regarding the proposed reallocation.

NR 212.40(8)(c)4. 4. The designated management agency shall recommend a reallocation proposal to the department including an explicit reserve capacity.

NR 212.40(8)(c)5. 5. The department shall notify the designated management agency of acceptance or rejection of the recommendation within 6 months.

NR 212.40 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; cr. (8), Register, August, 1985, No. 356, eff. 9-1-85; am. (2) (a) and (b), (3), (5) and (6) (b) 1. and 2., cr. (4) (c), r. and recr. (8), Register, May, 1986, No. 365, eff. 6-1-86; cr. (1) (c), (2) (am), (c) and (d), (3) (b) and (c), (6) (am) and (b) 3., am. (4) (a) and (b), renum. (3) to be (3) (a), Register, March, 1987, No. 375, eff. 4-1-87; am. (1) (c) and (4) (a), Register, April, 1988, No. 388, eff. 5-1-88; cr. (4) (d), r. and recr. Table 1-C, Register, March, 1996, No. 483, eff. 4-1-96; CR 15-085: am. (2) (intro.), (b), (c) Register August 2016 No. 728, eff. 9-1-16.

NR 212.60 NR 212.60 Determination of upper Wisconsin river water quality related effluent limitations. Effluent limitations for point sources discharging BOD5 to the upper Wisconsin river shall be calculated according to the procedures contained in this section. These limitations shall apply from May 1 to October 31 annually.

NR 212.60(1) (1) The department shall determine baseline loads for each point source subject to the wasteload allocation in accordance with all of the following:

NR 212.60(1)(a) (a) The baseline load for each publicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows:

NR 212.60(1)(b) (b) The baseline load for each nonpublicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows:

NR 212.60(1)(c) (c) The baseline load for each publicly-owned point source located between milepoints 235.4 and 271.1 shall be calculated as follows:

NR 212.60(1)(d) (d) The baseline load for each nonpublicly-owned point source with best practicable waste treatment effluent limitations of less than 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows:

NR 212.60(1)(e) (e) The baseline load for each nonpublicly-owned point source with best practicable waste treatment effluent limitations of BOD5 equal to or exceeding 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows:

NR 212.60(1)(f) (f) The baseline load for each publicly-owned point source located between milepoints 341.4 and 305.9 shall be calculated as follows:

NR 212.60(1)(g) (g) The baseline load for each nonpublicly-owned point source located between milepoints 341.4 and 305.9 shall be calculated as follows:

NR 212.60(2) (2) Determine the allocation for each point source.

NR 212.60(2)(a) (a) The allocation for each publicly-owned point source located between milepoints 205.3 and 171.9 shall be its baseline load as determined in sub. (1) (a).

NR 212.60(2)(b) (b) The allocation for each nonpublicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows:

For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(b)1. 1. The sum of the actual daily discharges for any 5-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under the formula for the same 5-consecutive-day-period; and

NR 212.60(2)(b)2. 2. For any one day period, the actual discharge for the point source may not exceed 120.5% of the allocation for that day as calculated under the formula.

NR 212.60(2)(c) (c)

NR 212.60(2)(c)1. 1. The allocation for publicly-owned point source located between milepoint 240.0 and 250.0 shall be its baseline load as determined under sub. (1) (c).

NR 212.60(2)(c)2. 2. The allocation for publicly-owned point sources located between milepoint 250.0 and 260.0 shall be determined as follows:

NR 212.60(2)(c)2.a. a. For the period January 1, 1986 through December 31, 1990, the allocation shall be determined as follows:

  Point Source Allocation = (Q) (8.34) (45)
  Where Q = 3.1 million gallons per day
  8.34 = Conversion factor (lbs./gal.)
  45 = 45 milligrams per liter concentration of BOD5

NR 212.60(2)(c)2.b. b. For each 5-year period beginning January 1, 1991 through December 31, 2005, the allocation shall be redetermined on the basis of projected flows and the demonstrated treatment capability of the point source. The redetermination shall be made at the time of each 5-year reevaluation under s. NR 212.06 (2). No allocation may exceed the baseline load as determined in sub. (1) (c).

NR 212.60(2)(c)3. 3. The allocation for the publicly-owned point sources located between milepoints 260.0 and 265.0 shall be a reduction in discharge to levels appearing in Table 8-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(c)3.a. a. The sum of actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated for the same 5-consecutive-day period.

NR 212.60(2)(c)3.b. b. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day calculated for those flow temperature regimes identified as Condition A in Table 8-m or 101.8% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 8-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 8-m.

NR 212.60(2)(c)4. 4. The allocation for publicly-owned point sources located between milepoints 265.0 and 271.1 shall be its baseline load as determined under sub. (1) (c).

NR 212.60(2)(d) (d) The allocation for each nonpublicly-owned point source located between milepoints 271.1 and 240.0 with best practicable waste treatment effluent limits of less than 500 pounds of BOD5 per day shall be its baseline load as determined under sub. (1) (d).

NR 212.60(2)(e) (e) The allocation for each nonpublicly-owned point source located between milepoints 271.1 and 258.5 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD5 per day shall be a reduction in its discharge to levels appearing in Table 2-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(e)1. 1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 2-m for the same 5-consecutive-day period.

NR 212.60(2)(e)2. 2. For any one day period, the actual discharge for the point source may not exceed 101.8% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 2-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 2-m. No percentage adjustment shall be made for conditions identified as Condition A in Table 2-m.

NR 212.60(2)(f) (f) The allocation for each nonpublicly-owned point source located between milepoints 258.4 and 258.2 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD5 per day shall be a reduction in its discharge to levels appearing in Table 3-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(f)1. 1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 3-m for the same 5-consecutive-day-period.

NR 212.60(2)(f)2. 2. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day calculated for those flow/temperature regimes identified as Condition A in Table 3-m or 101.8% of the allocation calculated for those flow/temperature regimes identified as Condition B in Table 3-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 3-m.

NR 212.60(2)(g) (g) The allocation for each nonpublicly-owned point source located between milepoints 258.19 and 249.0 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD5 per day shall be a reduction in its discharge to levels appearing in Table 4-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(g)1. 1. The sum of actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated for the same 5-consecutive-day period.

NR 212.60(2)(g)2. 2. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day for those flow/temperature regimes identified as Condition A in Table 4-m or 101.8% of the allocation calculated for those flow/temperature regimes identified as Condition B in Table 4-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 4-m.

NR 212.60(2)(h) (h) The allocation for each nonpublicly-owned point source located between milepoints 248.9 and 240.0 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD5 per day shall be a reduction in its discharges to levels appearing in Table 5-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

NR 212.60(2)(h)1. 1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 5-m for the same 5-consecutive-day period.

NR 212.60(2)(h)2. 2. For any one day period, the actual discharge for the point source may not exceed 113.4% of the allocation for that day calculated for those flow/temperature regimes identified as Condition A in Table 5-m or 110.2% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 5-m or 113.0% of the allocation for that day calculated for those flow/temperature regimes identified as Condition C in Table 5-m.

NR 212.60(2)(i) (i) The allocation for each publicly-owned point source located between milepoints 341.4 and 305.9 shall be its baseline load as determined under sub. (1) (f).

NR 212.60(2)(j) (j) The allocation for each nonpublicly-owned point source located between milepoints 341.4 and 313.2 with best practicable waste treatment limits equal to or exceeding 550 pounds of BOD5 per day shall be a reduction in its discharge to levels appearing in Table 6-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met: