NR 106.59(6)(c)3.3. The known or expected variability of effluent temperatures from the POTW. NR 106.59(6)(c)4.4. The known or expected difference between the ambient receiving water temperature and the representative effluent temperature. NR 106.59(6)(c)5.5. The attainment status of the receiving water biological community in response to the discharge of heated effluent. NR 106.59(6)(c)6.6. The potential impacts to state or federally listed threatened or endangered species. NR 106.59 NoteNote: The absence of information pertaining to subpars. 1-6 shall not preclude a determination that a sub-lethal effluent limitation is not necessary.
NR 106.59(6)(d)(d) In addition to the requirements of pars. (a) and (b), the department reserves the right to request additional information from the POTW to support the request for consideration of dissipative cooling. NR 106.59(6)(e)(e) If the department determines that a sub-lethal effluent limitation is not necessary for a new POTW discharge or a re-located POTW outfall, a specific request for comment on the department’s determination shall be included in the public notice for the proposed permit. NR 106.59(7)(7) Monitoring. WPDES permits issued in accordance with this section that include effluent temperature limitations shall include a requirement to monitor effluent temperatures on a weekly basis. NR 106.59(8)(a)(a) A POTW seeking reissuance of a permit in which the department did not include sub-lethal effluent limitations due to recognition of dissipative cooling may request continued consideration of dissipative cooling provided all of the following conditions are met: NR 106.59(8)(a)1.1. The request is received at the time of application for the permit reissuance. NR 106.59(8)(a)2.2. The POTW certifies, in writing, that there has been no substantive change in the operation of or loadings to the POTW relative to the information provided in the previous permit application under sub. (4) or (6). NR 106.59(8)(a)3.3. The POTW submits any new information generated during the current permit term and certifies, in writing, that the new information is consistent with information submitted with the previous permit application under sub. (4) or (6). NR 106.59(8)(b)(b) If the department determines that the information provided in par. (a) is consistent with the information submitted with a previous permit application and that sub-lethal effluent limitations for temperature are not necessary, a specific request for comment on the department’s determination shall be included in the public notice for the proposed permit. NR 106.59(8)(c)(c) If the department determines that the information provided in par. (a) is inconsistent with the information submitted with a previous permit application, the department shall establish sub-lethal effluent limitations when there is a reasonable potential for the discharge to cause or contribute to an exceedance of an applicable sub-lethal water quality criterion outside a small area of mixing and cooling. NR 106.59 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 106.60NR 106.60 Effluent limitations for temperature for discharges from new facilities. Except as provided in subch. VI, new facilities issued a WPDES permit after October 1, 2010, shall be designed to meet applicable water quality-based effluent temperature limitations, as determined in this subchapter, on the effective date of the WPDES permit. The department may require a permittee to provide diffusers or other such devices to ensure rapid mixing of effluent into the water body receiving the discharge or may require a mixing zone analysis to demonstrate that the proposed mixing zone of the new POTW discharge will meet the mixing zone provisions of s. NR 102.05 (3). NR 106.60 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10. NR 106.61(1)(1) A general permit issued by the department that contains effluent temperature limitations and monitoring requirements for discharges of non-contact cooling water, non-contact condensate, boiler water blowdown, and boiler bleedoff directly to surface water, to a storm sewer, or for discharges to the land surface, or to groundwater shall include all of the following conditions: NR 106.61(1)(a)(a) Procedures to determine effluent temperature limitations for individual discharges covered by the general permit in accordance with the provisions of this subchapter. For each facility covered by the general permit, the department shall establish effluent temperature limitations for the facility directly in the general permit or in the general permit discharge authorization letter to the permittee. NR 106.61(1)(b)(b) Discharges to wetlands shall be allowed if, when granting coverage, the department determines that the requirements of ch. NR 103 are met. NR 106.61(1)(c)(c) Discharges shall not be allowed if the receiving waterbody is an outstanding resource water or an exceptional resource water, as specified in ss. NR 102.10 and 102.11, respectively. NR 106.61(1)(d)(d) Discharges to the land surface, to the groundwater or to storm water ponds shall have a daily maximum effluent temperature limitation of 120oF, provided that the discharge does not have a reasonable potential to exceed temperature water quality standards in waters of the state downstream of the discharge location. NR 106.61(1)(e)(e) Discharges shall not contain wastewater from industrial or commercial processes, other than those authorized in sub. (1). NR 106.61(1)(f)(f) Discharge does not contain a water treatment additive including biocides. However, the department may approve in writing the use of water treatment additives that are not biocides. NR 106.61(1)(g)(g) Discharge does not cause a safety hazard due to unsafe ice conditions in winter. NR 106.61(1)(h)(h) The permittee shall be required to collect representative daily maximum effluent temperatures not less than once per month. Unless specified otherwise by the department when coverage is granted under the general permit, the permittee shall not be required to submit effluent temperature data collected under the monitoring provisions of the general permit issued under this section. Any effluent temperature data collected shall be retained by the permittee for the duration of the permit or 3 years after this information is collected, whichever is longer and shall be provided to the department upon request. NR 106.61(2)(2) A general permit issued under this section may include any of the following conditions: