NR 106.74(2)(a) (a) No appreciable harm has resulted from the thermal component of the discharge, taking into account the interaction of the component with other pollutants and the additive effect of other thermal discharges, to the representative, important species and a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water receiving the discharge.

NR 106.74(2)(b) (b) That despite the occurrence of previous appreciable harm, alternative effluent limitations for temperature will assure the protection and propagation of the representative, important species and a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into receiving the discharge, taking into account the interaction of the thermal component with other pollutants and the additive effect of other thermal discharges.

NR 106.74(3) (3) Appreciable harm. In determining whether appreciable harm has occurred the department shall consider any relevant biological, engineering or other data demonstrating that effluent limitations for temperature calculated using 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 receiving the discharge.

NR 106.74(4) (4) Existing variance water limitations. Alternative effluent limitations for temperature determined under this subchapter shall supersede any temperature limitations listed in s. NR 104.06 (2) (b).

NR 106.74(5) (5) Zebra mussel control. Alternative effluent limitations for temperature determined under this subchapter shall be met, except for short-term excursions for zebra or other mussel control, as approved by the department and authorized in a permit on a case-by-case basis.

NR 106.74 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.75 NR 106.75 Compliance schedules. Whenever the department issues or modifies a permit with alternative effluent limitations for temperature established using the procedures in this subchapter, the permit may contain a compliance schedule consistent with the provisions in s. NR 106.117 to attain such limitations. The permittee shall achieve compliance with the limitations as soon as reasonably possible, but no later than the expiration date of the permit.

NR 106.75 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10; CR 15-085: am. Register August 2016 No. 728, eff. 9-1-16.

NR 106.76 NR 106.76 Public notice. The public notice of intent to issue, reissue, or modify a permit with alternative effluent limitations established under this subchapter shall contain all of the following:

NR 106.76(1) (1) The effluent temperature limitations that are calculated using the procedures specified in subch. V.

NR 106.76(2) (2) The proposed alternative effluent limitations for temperature.

NR 106.76(3) (3) A statement that the applicant has submitted a demonstration in support of a request for alternative effluent limitations for temperature and that the department is proposing to establish such alternative effluent limitations for temperature or, in the event that at the time of permit issuance, reissuance or modification there is insufficient information to support alternative effluent limitations for temperature, that the department is proposing to include a compliance schedule in the permit.

NR 106.76(4) (4) A statement that all data submitted by the applicant and a summary of the data are available at the offices of the department for public inspection during office hours.

NR 106.76(5) (5) A statement that any interested person may comment upon the applicant’s proposed alternative effluent limitations for temperature.

NR 106.76 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

NR 106.77 NR 106.77 Application of the variance process in s. 283.15, Stats. Whenever a permittee has been granted alternative effluent limitations for temperature under this chapter, the procedures of s. 283.15, Stats., are not applicable.

NR 106.77 History History: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.

subch. VII of ch. NR 106 Subchapter VII — Effluent Limitations for Chloride Discharges

NR 106.80 NR 106.80 Purpose. The purpose of this subchapter is to specify how the department will regulate the discharge of chloride to surface waters of the state. Nothing in this subchapter shall be construed to prevent or prohibit the use, sale, rental, installation, and service of ion exchange water softeners.

NR 106.80 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.

NR 106.81 NR 106.81 Applicability. The provisions of this subchapter are applicable to point sources which discharge wastewater containing chloride to surface waters of the state. The provisions of this subchapter are not applicable to discharges of storm water run-off regulated by a storm water permit.

NR 106.81 History History: Cr. Register, January, 2000, No. 529, eff. 2-1-00.

NR 106.82 NR 106.82 Definitions. In this subchapter:

NR 106.82(1) (1) “Calculated limitation” means a chloride water quality-based effluent limitation.

NR 106.82(2) (2) “Consistently meet” means that 95% of the representative effluent data are less than the calculated limitation.

NR 106.82(3) (3) “DIR” means demand initiated regeneration.

NR 106.82(4) (4) “Daily maximum interim limitation” means an effluent limitation calculated by the department which may be either:

NR 106.82(4)(a) (a) The upper 99th percentile of the permittee’s representative data available to the department, or

NR 106.82(4)(b) (b) A value no greater than 105% of the permittee’s highest representative effluent datum.