NR 207.04(2)(a)(a) If the department determines that the existing wastewater treatment facilities have treatment capability to treat any proposed new or increased discharge and maintain treatment levels sufficient to meet existing effluent limitations as documented under sub. (1) (a), effluent limitations will remain unchanged.

NR 207.04(2)(b)(b) If the department determines that the existing treatment facilities do not have treatment capability to treat any proposed new or increased discharge and maintain treatment levels sufficient to meet existing effluent limitations, effluent limitations will be developed using the following procedures:

NR 207.04(2)(b)1.1. If the proposed new or increased discharge will not significantly lower water quality as determined under s. NR 207.05 (4) and will accommodate important economic and social development as documented under sub. (1) (c), water quality based effluent limitations will be determined based on applicable procedures and criteria in chs. NR 102, 103, 105 and 106 or on categorical effluent limitation procedures pursuant to chs. NR 200 to 297 as appropriate.

NR 207.04(2)(b)2.2. If the proposed new or increased discharge will not significantly lower water quality as determined under s. NR 207.05 (4) and will not accommodate important economic and social development as documented under sub. (1) (c), water quality based effluent limitations for substances in the new or increased discharge will be set equal to the existing levels of these substances upstream of, or adjacent to, the discharge site.

NR 207.04(2)(b)3.3. If the proposed new or increased discharge will significantly lower water quality as determined under s. NR 207.05 (4), or the applicant has chosen to waive the procedure in s. NR 207.05 (2) (a) to (d), and the proposed discharge will not accommodate important economic and social development as documented under sub. (1) (c), water quality based effluent limitations for substances in the new or increased discharge will be set equal to the existing levels of these substances upstream of, or adjacent to, the discharge site.

NR 207.04(2)(b)4.4. If the proposed new or increased discharge will significantly lower water quality as determined under s. NR 207.05 (4), or the applicant has chosen to waive the procedure in s. NR 207.05 (2) (a) to (d), and the proposed discharge will accommodate important economic and social development as documented under sub. (1) (c), effluent limitations for the proposed new or increased discharge will be determined using the procedure in par. (c).

NR 207.04 NoteNote: When assessing existing treatment capabilities, it is the intent of the department to consider projected increases in a permittee’s discharge due to a planned water conservation project.

NR 207.04(2)(c)(c) The department shall use the following procedures to determine water quality based effluent limitations or effluent limitations determined pursuant to chs. NR 200 to 297 as appropriate, for each substance in the proposed new or increased discharge for which the existing levels upstream of, or adjacent to, the discharge site are of better quality than applicable water quality criteria or secondary values derived according to ch. NR 102, 103 or 105:

NR 207.04(2)(c)1.1. If there are no applicable pollution control alternatives or alternative discharge locations which meet the conditions of sub. (1) (d) 2. or 3., effluent limitations will be determined for the new or increased portion of the discharge based on applicable procedures and criteria or secondary values derived according to chs. NR 102, 103, 105 and 106 or based on effluent limitations pursuant to chs. NR 200 to 297, as appropriate.

NR 207.04(2)(c)2.2. If there are applicable pollution control alternatives or alternative discharge locations which meet the conditions of sub. (1) (d) 2. or 3., water quality based effluent limitations will be determined for the new or increased portion of the discharge based on the applicable pollution control alternative or alternative discharge site which prevents the significant lowering of water quality.

NR 207.04(2)(c)3.a.a. If there are no demonstrated, cost effective pollution control alternatives which would prevent significant lowering of water quality as demonstrated under sub. (1) (d) 1., effluent limitations shall be determined pursuant to chs. NR 102 and 106 or chs. NR 200 to 297, as appropriate.

NR 207.04(2)(c)3.b.b. If there are demonstrated, cost effective pollution control alternatives which would prevent the significant lowering of water quality as demonstrated under sub. (1) (d) 1., water quality based effluent limitations will be determined for the new or increased portion of the discharge based on the cost effective pollution control alternative which prevents the significant lowering of water quality.

NR 207.04(2)(d)(d) The department shall determine water quality based effluent limitations using the water quality criteria or secondary values derived according to ch. NR 102, 103, 104 or 105 for substances in the proposed new or increased discharge whose levels in the receiving water are of lesser quality than the water quality criteria or secondary values for the receiving water upstream of, or adjacent to, the discharge site.

NR 207.04(2)(e)(e) In addition to the provisions of pars. (a) to (c), if the department determines that a proposed new or increased discharge will result in lowering of water quality in downstream outstanding resource waters or a proposed new discharge would result in lowering of water quality in exceptional resource waters, other than for the reasons specified in s. NR 207.03 (2) (a), water quality based effluent limitations for substances in the new or increased portion of the discharge will be set to prevent the lowering of water quality in the downstream outstanding or exceptional resource water. Whenever s. NR 207.03 (2) (a) applies, effluent limitations shall be established using the procedures in this section.

NR 207.04 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; renum. (1) (a) 1. a. to d. to be (1) (a) 1. b. and d. to f., cr. (1) (a) 1. a., c. and (d) 1. e., am. (2) (c) (intro.), 1. and (d), Register, August, 1997, No. 500, eff. 9-1-97.

NR 207.05(1)(1) Indicator parameters. For each proposed new or increased discharge the department shall determine a list of water quality parameters for which the significant lowering of water quality test will be applied. The list shall consist of:

NR 207.05(1)(a)(a) Biochemical oxygen demand/dissolved oxygen, ammonia-nitrogen, and copper; or

NR 207.05(1)(b)(b) Some other list of substances for which water quality criteria or secondary values have been determined according to chs. NR 102 to 105, not to exceed 10 parameters, which is determined to be representative of the discharge.

NR 207.05(2)(2) Application information. Persons proposing a new or increased discharge shall use the following procedure to demonstrate to the department whether the discharge will result in a significant lowering of water quality:

NR 207.05(2)(a)(a) Determine the expected levels of the indicator parameters in the discharge.

NR 207.05(2)(b)(b) Determine existing levels of the indicator parameters upstream of, or adjacent to, the discharge site using applicable procedures in chs. NR 102 and 106 or specified by the department if none of those procedures apply. Existing levels shall be based on the earliest source of data after March 1, 1989 unless a demonstration is made that there has been a change in existing levels resulting in a change in the assimilative capacity of the receiving water, in which case the existing levels shall be based on the data used in the demonstration.

NR 207.05(2)(c)(c) Calculate expected levels in the receiving water of the indicator parameters as a result of the proposed new or increased discharge. In calculating expected levels in the receiving water, the following shall be used:

NR 207.05(2)(c)1.1. Applicable design low flow rates or dilution ratios for the receiving water in ch. NR 102 or 106 or specified by the department if none of those rates or ratios apply.

NR 207.05(2)(c)2.2. The daily average discharge loading rates for the new or increased portion of a municipal discharge or the yearly average discharge loading rates for the new or increased portion of an industrial discharge.