NR 106.83(2)(a)4.4. For some dischargers, attaining the applicable water quality standards specified in chs. NR 102 to 105 may cause substantial and widespread adverse social and economic impacts in the area where the discharger is located.

NR 106.83(2)(b)(b) Application. An existing discharger seeking a chloride variance under this subsection shall submit an application for a chloride variance when it submits its application for permit reissuance. The application shall include the permittee’s basis for concluding that the findings in sub. (2) (a) for a chloride variance are applicable to its discharge.

NR 106.83(2)(c)(c) Department determinations. The department shall review the application submitted by the permittee. The application shall be approved if the department agrees with the permittee’s basis for concluding that the findings under par. (a) for a chloride variance are applicable to its discharge. The department shall obtain U.S. environmental protection agency approval before a variance is included in a permit under this subsection.

NR 106.83(2)(d)(d) Permit conditions implementing a chloride variance. The department shall grant a chloride variance to an existing discharger when:

NR 106.83(2)(d)2.2. The permittee and the department agree upon specific permit language imposing an interim limitation, a target value or, where appropriate, a target limitation, and source reduction activities.

NR 106.83(3)(3) Interim limitations, target values and target limitations and source reduction activities.

NR 106.83(3)(a)(a) If the permittee and the department agree on the inclusion of voluntary source reduction activities and the imposition of an interim limitation and a target value or a target limitation in its permit, those activities and the interim limitation and target value or target limitations shall become permit requirements.

NR 106.83(3)(b)(b) If the permittee and the department cannot agree on voluntary source reduction activities to be included as permit requirements, those activities may not be included in the permit. If the permittee and the department cannot agree on an interim limitation and target value or a target limitation to be included as permit requirements, those limitations may not be included in the permit.

NR 106.83(3)(c)(c) If the permittee and the department cannot agree on voluntary source reduction activities and both an interim limitation and a target value or an interim limitation and a target limitation to be included as permit requirements, the department shall include a calculated limitation as defined in s. NR 106.82 (1) in the permit to meet the applicable water quality standards specified in chs. NR 102 to 105.

NR 106.83(4)(4) Reapplication for a chloride variance. When a permit containing a chloride variance approved by the department under sub. (2) (c) expires, the permittee may reapply for a chloride variance when it submits its application for permit reissuance. The application shall include the permittee’s basis for concluding that the findings in sub. (2) (a) are applicable to its discharge.

NR 106.83(5)(5) Applicability of the variance process in s. 283.15, stats. If a calculated limitation is included in the permit, a permittee may apply to the department for a variance from the water quality standard used to derive the calculated limitation, pursuant to s. 283.15, Stats. Where a permittee has been granted a chloride variance and its permit includes an interim limitation, a target value, a target limitation and requirements for chloride source reduction activities, the provisions of s. 283.15, Stats., are not applicable to the interim and target limitations.

NR 106.83 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 15-085: am. (2) (c) Register August 2016 No. 728, eff. 9-1-16.

NR 106.84NR 106.84 Compliance with Wisconsin water quality antidegradation rules when reissuing a permit. Chapter NR 207 does not apply in those instances in which a reissued permit includes effluent limitations for chloride which represent a lowering of concentration as compared to the interim limitation in the previous permit.

NR 106.85(1)(1) The department shall determine the need for chloride water quality-based effluent limitations for point source discharges whenever the discharges from the point sources contain chloride at concentrations or loadings which do not, as determined by any method in this section, meet the applicable water quality standards specified in chs. NR 102 to 105.

NR 106.85(2)(2) When considering the necessity for water quality-based effluent limitations, the department shall consider in-stream bio-survey data and data from ambient toxicity analyses whenever the data are available.

NR 106.85(3)(3) When considering the necessity for chloride water quality-based effluent limitations, the department shall compare the upper 99th percentile of available representative discharge concentrations to the calculated limitations, pursuant to s. NR 106.05 (4).

NR 106.86NR 106.86 Monitoring. Notwithstanding any other section in this subchapter, the department shall determine on a case-by-case basis the chloride monitoring frequency to be required in the permit.

NR 106.87(1)(1) Calculated limitations. If water quality-based effluent limitations for chloride are determined to be necessary, those limitations shall be derived under ss. NR 106.06 and 106.07, and for the purposes of this subchapter, shall be labeled “calculated limitations”.

NR 106.87(2)(2) Interim limitation. The interim limitation may be expressed as both a daily maximum and a weekly average, calculated in accordance with s. NR 106.82 (4) and (9).

NR 106.87(3)(3) Target value. The target value may be expressed as both a daily maximum and a weekly average. The department and the permittee shall consider both the implementation and the anticipated effectiveness of appropriate voluntary source reduction activities in order to determine a target value which is reasonably achievable within the term of the permit.

NR 106.87(4)(4) Target limitation. The target limitation may be expressed as both a daily maximum and a weekly average. The department and the permittee shall consider both the implementation and the anticipated effectiveness of appropriate voluntary source reduction activities in order to determine a target limitation which is reasonably achievable within the term of the permit.