NR 106.61(2)(b)(b) Provisions that account for the heat loss that occurs in a discharge to a storm sewer or other storm water conveyance channel assuming the heat loss occurs at a rate of 0.25 degree F per 100 feet of storm sewer or channel length. The effluent temperature limitations determined under this paragraph shall be established when the department grants coverage under this general permit.

NR 106.61(2)(c)(c) Provisions to allow the department to establish more stringent effluent temperature limitations as necessary to attain or maintain water quality standards in downstream or other adjacent waters. The effluent temperature limitations determined under this paragraph shall be established when the department grants coverage under the general permit.

NR 106.61(3)(3) A permittee granted coverage under the general permit authorized under this section shall be required to verify conformance with the conditions in sub. (1) whenever the permit coverage is renewed.

NR 106.62NR 106.62 Compliance schedules. The permittee shall attain compliance with the effluent limitations as soon as reasonably possible, but no later than the expiration date of the permit. When a permit is issued or reissued with effluent temperature limitations established using the procedures in this subchapter and representative effluent temperature data are available at the time of permit issuance or reissuance, the permit may contain a compliance schedule consistent with the provisions in s. NR 106.117 when either of the following conditions is met:

NR 106.62(1)(1) The permittee does not apply for an alternative effluent limitation under the provisions of subch. VI.

NR 106.62(2)(2) The permittee applies for an alternative effluent limitation under the provisions of subch. VI and, after reviewing the data and information provided with the application, the department determines that sufficient information to establish alternative effluent limitations for temperature is not available.

NR 106.70NR 106.70 Purpose. The purpose of this subchapter is to establish procedures for the determination by the department of alternative effluent limitations for temperature as authorized under s. 283.17, Stats. An alternative effluent limitation for temperature may be established by the department if the owner or operator of a point source demonstrates to the department that a proposed effluent limitation established under subch. V is more stringent than necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is made.

NR 106.71(1)(1) “Alternative effluent limitations for temperature” means effluent temperature limitations for the control of the thermal component of a discharge which are less restrictive than limitations calculated using the procedures specified in subch. V.

NR 106.71(2)(2) “Balanced, indigenous community” or “balanced, indigenous population” means a biotic community typically characterized by diversity, the capacity to sustain itself through cyclic seasonal changes, presence of necessary food chain species, and non–domination of pollution tolerant species. Such a community may include historically non–native species introduced in connection with a program of wildlife management and species whose presence or abundance results from substantial, irreversible environmental modifications. Normally, however, the community may not include species whose presence or abundance is attributable to the introduction of pollutants that will be eliminated by compliance by all sources with effluent limitations and standards effective by July 1, 1983, including modifications thereof in accordance with the provisions of this subchapter; and may not include species whose presence or abundance is attributable to alternative effluent limitations imposed pursuant to this subchapter.

NR 106.71(3)(3) “Existing discharge” means a discharge that is not a new POTW discharge.

NR 106.71(4)(4) “New discharge” means a discharge that is issued a WPDES permit on or after October 1, 2010.

NR 106.71(5)(5) “Relevant evidence” means new or historical biological data, physical monitoring data and engineering or diffusion models.

NR 106.71(6)(6) “Representative, important species” means species which are representative, in terms of their biological needs, of a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water receiving a thermal discharge.

NR 106.71(7)(7) “Water quality standards” means applicable water quality standards set forth in chs. NR 102 to 104, or any federally promulgated water quality standards applicable to surface waters of the state.

NR 106.72NR 106.72 Application for alternative effluent limitations for temperature. An application for an alternative effluent limitation may be submitted to the department by an owner or operator of a point source subject to effluent limitations determined under subch. V.

NR 106.72(1)(1) Timing. The application may be submitted at the time the owner or operator submits an application for issuance or reissuance of a WPDES permit or at any time following the issuance of a permit, subject to the permit modification provisions in s. 283.53, Stats.

NR 106.72(2)(2) New discharge. A permittee may submit an application for alternative effluent limitations for temperature for a new discharge. The application shall include a demonstration that the effluent temperature limitations calculated according to the procedures specified in subch. V are more stringent than necessary to assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge is made. This demonstration shall examine the interaction of the thermal component with other pollutants and the additive effect of other thermal sources. The application shall also contain all of the following:

NR 106.72(2)(d)(d) The data and results of studies, experiments and other information that support the demonstration that the identified representative, important species will be protected, and that will assure the protection and propagation of a balanced, indigenous community of shellfish, fish and aquatic life in and on the body of the water into which the discharge will be made.