NR 205.065 Note Note: An example of a different time period for expressing limits for a specific pollutant or parameter is phosphorus limitations as specified in s. NR 217.14.

NR 205.065(8) (8) Mass limitations.

NR 205.065(8)(a) (a) All pollutants limited in permits shall have limitations, standards, or prohibitions expressed in terms of mass, except for any of the following situations:

NR 205.065(8)(a)1. 1. Pollutants limited in permits that cannot be appropriately expressed by mass such as pH, chlorine, temperature, radiation, or other pollutants.

NR 205.065(8)(a)2. 2. When applicable standards and limitations are expressed in terms of other units of measurement.

NR 205.065(8)(a)3. 3. If limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation.

NR 205.065(8)(b) (b) If a mass limit is included in the permit for a pollutant, the pollutant may also be limited in terms of other units of measurement in the permit, and the permit shall require the permittee to comply with both limitations.

NR 205.065(9) (9) Metals. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of total recoverable in a permit unless any of the following conditions apply:

NR 205.065(9)(a) (a) An applicable effluent standard or limitation has been promulgated and specifies the limitation for the metal in dissolved or valent or total form.

NR 205.065(9)(b) (b) In establishing permit limitations on a case-by-case basis, it is necessary to express the limitation for the metal in the dissolved or valent or total form to carry out the provisions of the federal Clean Water Act or ch. 283, Stats.

NR 205.065(9)(c) (c) All approved analytical methods for the metal inherently measure only the dissolved form of the pollutant.

NR 205.065 History History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

NR 205.066 NR 205.066 Permit Conditions.

NR 205.066(1) (1) Monitoring. The department shall determine on a case-by-case basis the monitoring frequency to be required for each effluent limitation in a permit. Monitoring shall occur at the point of discharge or at the internal waste stream if the permit limitations are imposed on the internal waste stream under s. NR 205.065 (2) unless an alternative location is established by the department in the permit.

NR 205.066(2) (2) Production limit documentation. If limits are calculated under s. NR 205.065 (4) (a) or (b) the permittee shall submit with the DMR the level of production that actually occurred during each month limits are effective.

NR 205.066(3) (3) Exceedance of production limits. The permittee shall comply with the limitations, standards, and prohibitions calculated under s. NR 205.065 (4) (b) unless the permittee has notified the department in writing of an anticipated exceedance of the estimated alternative design flow used to calculate limits, in which case the permittee may comply with an alternative design flow, not to exceed the production level specified in the notice. Written notifications must be submitted to the department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit and shall specify the anticipated level, period during which the permittee expects to operate at the alternate level, and the reasons for the anticipated production level increase. Notice of increased discharge must be submitted to the department for all exceedances not covered in previous notifications.

NR 205.066 History History: CR 15-085: cr. Register August 2016 No. 728, eff. 9-1-16.

NR 205.067 NR 205.067 Reasonable potential for water quality based effluent limitations.

NR 205.067(1) (1) General.

NR 205.067(1)(a) (a) The department shall include an effluent limitation for a pollutant in a WPDES permit when the department determines that the discharge of the pollutant causes, has the reasonable potential to cause, or contributes to an excursion above the allowable ambient concentration of a numeric water quality criterion in chs. NR 102 to 104 in the receiving water or a downstream water.

NR 205.067 Note Note: Downstream water includes downstream waterbodies in other states or tribal waters that have EPA approved standards under 40 CFR 130.

NR 205.067(1)(b) (b) Limitations shall control all pollutants or pollutant parameters, including conventional, nonconventional, and toxic pollutants, that the department determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any water quality standard in chs. NR 102 to 104, including narrative criteria for water quality.

NR 205.067(2) (2) Factors to consider. When determining under sub. (1) or (4) whether a pollutant discharged causes, has the reasonable potential to cause, or contributes to an exceedance of a numeric or narrative water quality standard, the department shall consider all of the following factors:

NR 205.067(2)(a) (a) Existing controls on the discharge.

NR 205.067(2)(b) (b) Controls on the pollutant discharged by nonpoint source pollution in the watershed.

NR 205.067(2)(c) (c) The variability of the pollutant or parameter in the effluent discharged.

NR 205.067(2)(d) (d) Sensitivity of species to toxicity testing when evaluating whole effluent toxicity as defined in s. NR 106.03 (14).

NR 205.067(2)(e) (e) Dilution of the effluent in the receiving water.

NR 205.067(3) (3) Water quality based effluent limitations. If the department determines a limitation is necessary under this section, the limitation shall: