NR 106.80NR 106.80Purpose. 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 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.81NR 106.81Applicability. 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 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.82NR 106.82Definitions. 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.
NR 106.82(5)(5)“Reasonably meet” means that all of the permittee’s representative effluent data would, using appropriate statistical techniques, be expected to be less than or equal to the target limitation following the completion of all of the source reduction efforts required by the permit.
NR 106.82(6)(6)“Representative effluent data” means data, above the level of detection, which is not serially correlated and which represents normally expected effluent concentrations of chloride, collected during a period that can represent current or expected operations, or both, within the term of the permit.
NR 106.82(7)(7)“Target limitation” means an effluent limitation which the permittee can reasonably meet within the term of the permit, following implementation of appropriate voluntary source reduction activities.
NR 106.82(8)(8)“Target value” means an effluent concentration of chlorides which a permittee may be expected to reasonably meet following implementation of appropriate voluntary source reduction activities. A target value is not an enforceable limitation under the terms of the permit program, but establishes a measure of progress of source reduction activities.
NR 106.82(9)(9)“Weekly average interim limitation” means an effluent limitation calculated by the department which may be either:
NR 106.82(9)(a)(a) The upper 99th percentile of the permittee’s 4-day average of the representative data available to the department, or
NR 106.82(9)(b)(b) A value no greater than 105% of the permittee’s calculated highest weekly average of the representative effluent data.
NR 106.82(10)(10)“WPDES” means Wisconsin pollutant discharge elimination system.
NR 106.82 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.83NR 106.83Regulation of chloride discharges.
NR 106.83(1)(1)Chloride effluent limitations. The department shall evaluate the need to establish effluent limitations for chloride whenever representative effluent data indicate that the discharge from a point source contains chloride. If the department determines that a water quality-based effluent limitation for chloride is needed, a calculated limitation as defined in s. NR 106.82 (1) shall be included in the permit to meet the applicable water quality standards specified in chs. NR 102 to 105, unless a chloride variance is given pursuant to sub. (2).
NR 106.83(2)(2)Chloride variance.
NR 106.83(2)(a)(a) Findings. On February 1, 2000, the department finds that:
NR 106.83(2)(a)1.1. End-of-pipe wastewater treatment technology for chloride is prohibitively expensive;
NR 106.83(2)(a)2.2. End-of-pipe wastewater treatment technology for chloride produces a concentrated brine that can be as much or more of an environmental liability than the untreated effluent;
NR 106.83(2)(a)3.3. Appropriate chloride source reduction activities are preferable environmentally to end-of-pipe effluent treatment in most cases; and
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)(a)5.5. These findings shall be reviewed by the department every 3 years.