NR 106.72(3)(c)(c) In the application under this section, the permittee shall provide all of the following:
NR 106.72(3)(c)1.1. A description of the alternative effluent limitations for temperature requested.
NR 106.72(3)(c)2.2. A description of the methodology the applicant used to support the demonstration.
NR 106.72(3)(c)3.3. Biological, hydrological and meteorological data, physical monitoring data, engineering or diffusion models and laboratory studies and other relevant evidence.
NR 106.72(3)(c)4.4. 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 water to which the discharge has been made.
NR 106.72 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.
NR 106.73NR 106.73Identification of representative, important species. Any applicant for an alternative effluent limitation for temperature shall submit to the department a proposed list of representative important species prior to submitting an application and undertaking a demonstration under s. NR 106.72. The list shall take into account applicable water quality standards. The department may approve, disapprove or approve with modifications the proposed list of representative important species as the department deems appropriate.
NR 106.73 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.
NR 106.74NR 106.74Determination of alternative effluent limitations for temperature.
NR 106.74(1)(1)New discharges. Alternative effluent limitations for temperature may be established by the department for a new discharge if the permittee demonstrates that the discharge, considering the cumulative impact of the thermal discharge together with all other significant impacts on the species affected will assure the protection and propagation of representative, important species and will, in turn, assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and aquatic life in and on the body of receiving water.
NR 106.74(2)(2)Existing discharges. Alternative effluent limitations for temperature may be established by the department for an existing discharge if the permittee has demonstrated either of the following:
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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.
NR 106.75NR 106.75Compliance 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 HistoryHistory: 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 106.76NR 106.76Public 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.
NR 106.77NR 106.77Application 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 HistoryHistory: CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.
subch. VII of ch. NR 106Subchapter VII — Effluent Limitations for Chloride Discharges