NR 106.84 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.85NR 106.85Determination of the necessity for water quality-based effluent limitations.
NR 106.85(1)(1)The department shall determine the need for chloride water quality-based effluent limitations for point source discharges whenever the discharges from the point sources contain chloride at concentrations or loadings which do not, as determined by any method in this section, meet the applicable water quality standards specified in chs. NR 102 to 105.
NR 106.85(2)(2)When considering the necessity for water quality-based effluent limitations, the department shall consider in-stream bio-survey data and data from ambient toxicity analyses whenever the data are available.
NR 106.85(3)(3)When considering the necessity for chloride water quality-based effluent limitations, the department shall compare the upper 99th percentile of available representative discharge concentrations to the calculated limitations, pursuant to s. NR 106.05 (4).
NR 106.85 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.86NR 106.86Monitoring. Notwithstanding any other section in this subchapter, the department shall determine on a case-by-case basis the chloride monitoring frequency to be required in the permit.
NR 106.86 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00.
NR 106.87NR 106.87Establishment of effluent limitations.
NR 106.87(1)(1)Calculated limitations. If water quality-based effluent limitations for chloride are determined to be necessary, those limitations shall be derived under ss. NR 106.06 and 106.07, and for the purposes of this subchapter, shall be labeled “calculated limitations”.
NR 106.87(2)(2)Interim limitation. The interim limitation may be expressed as both a daily maximum and a weekly average, calculated in accordance with s. NR 106.82 (4) and (9).
NR 106.87(3)(3)Target value. The target value may be expressed as both a daily maximum and a weekly average. The department and the permittee shall consider both the implementation and the anticipated effectiveness of appropriate voluntary source reduction activities in order to determine a target value which is reasonably achievable within the term of the permit.
NR 106.87(4)(4)Target limitation. The target limitation may be expressed as both a daily maximum and a weekly average. The department and the permittee shall consider both the implementation and the anticipated effectiveness of appropriate voluntary source reduction activities in order to determine a target limitation which is reasonably achievable within the term of the permit.
NR 106.87 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 15-085: am. (1) Register August 2016 No. 728, eff. 9-1-16.
NR 106.88NR 106.88Application of and compliance with chloride effluent limitations in a permit.
NR 106.88(1)(1)Chloride limitations in permits. If chloride water quality-based effluent limitations are deemed to be necessary under s. NR 106.85, the department shall use all of the following procedures to include the calculated limitations in the permit with an appropriate compliance schedule as necessary and appropriate:
NR 106.88(1)(a)(a) Effluent limitations based on an acute criterion shall be expressed in permits as daily maximum limitations, and effluent limitations based on a chronic criterion shall be expressed in permits as weekly average limitations.
NR 106.88(1)(b)(b) Effluent Limitations shall be expressed in a permit consistent with the protocols in s. NR 106.07 (3) to (5).
NR 106.88(1)(c)(c) Mass limitations calculated under s. NR 106.07 (2) and (9) shall be included in the permit in addition to concentration based effluent limitations whenever water quality-based effluent limitations are determined to be necessary.
NR 106.88(1)(d)(d) A compliance schedule for a water quality-based effluent for chloride may be granted in a permit if necessary and appropriate and shall be consistent with the requirements under s. NR 106.117.
NR 106.88(2)(2)Variance conditions. The department may include all of the following conditions in the permit instead of the conditions specified in sub. (1) whenever a chloride variance is granted under s. NR 106.83:
NR 106.88(2)(a)(a) Chloride monitoring.
NR 106.88(2)(b)(b) An interim limitation for chloride that is effective on the date of permit issuance.
NR 106.88(2)(c)(c) Tier 1 source reduction.
NR 106.88(2)(d)(d) A target value or a target limitation with an appropriate compliance schedule, which is effective on the last day of the permit.
NR 106.88(2)(e)(e) If appropriate, either tier 2 or tier 3 source reduction if the department believes that any of the additional conditions in the tier 2 or tier 3 source reduction activities are reasonable and practical within the term of the permit.
NR 106.88(3)(3)Units for target values. Interim limitations, target values, and target limitations established under sub. (2) shall be expressed in the permit as a concentration limitation, in units of mg/L or equivalent units.
NR 106.88(5)(5)Monitoring. A determination of compliance with interim, target, and calculated limitations and comparison with target values shall be based upon 24-hour composite samples. The department shall determine on a case-by-case basis the monitoring frequency to be required for these limitations.
NR 106.88 HistoryHistory: Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 09-123: am. (3) Register July 2010 No. 655, eff. 8-1-10; CR 15-085: r. and recr. (1) to (3), r. (4), r. and recr. (5), r. (6) Register August 2016 No. 728, eff. 9-1-16.