NR 106.36 HistoryHistory: CR 03-050: cr. Register February 2004 No. 578, eff. 3-1-04; CR 15-085: am. Table 1 (title), r. (4) Register August 2016 No. 728, eff. 9-1-16.

NR 106.37(1)(1) The department shall determine and specify a reasonable compliance schedule in the permit if the permittee is unable to meet the ammonia effluent limits determined according to this subchapter at the time of permit reissuance. The department shall establish the term of the compliance schedule on a case-by-case basis consistent with the requirements in s. NR 106.117. When establishing a compliance schedule, the department shall consider factors such as necessary planning, complexity of wastewater treatment issues, scope of construction, equipment delivery time, and construction seasons in establishing a schedule. In no circumstance may the date of compliance with the limits extend more than 5 years after the date of permit reissuance.

NR 106.37(2)(2) If the department modifies or reissues the permit to adjust ammonia limitations based on an approval of demonstrations made under either s. NR 106.32 (2) (b) 2. or (3) (a) 4. the department may adjust the compliance schedule if necessary and appropriate.

NR 106.37(4)(4) Any point source discharge which was not authorized by a WPDES permit prior to March 1, 2004 may not be provided with a schedule of compliance for achieving ammonia limits, but rather shall meet the limits upon initiation of discharge. A point source discharge previously authorized by a WPDES permit but relocated in the same receiving water body may be allowed a schedule of compliance.

NR 106.37 HistoryHistory: CR 03-050: cr. Register February 2004 No. 578, eff. 3-1-04; CR 15-085: am. (1), r. and recr. (2), r. (3) Register August 2016 No. 728, eff. 9-1-16.

NR 106.50NR 106.50 Purpose. The purpose of this subchapter is to specify how the department will calculate water quality-based effluent limitations for temperature under s. 283.13 (5), Stats., and to specify how the department will determine when the limitations will be included in Wisconsin pollution discharge elimination system (WPDES) permits. Water quality-based effluent limitations for temperature are necessary to assure attainment and maintenance of surface water quality standards for temperature established in accordance with s. 281.15 (1), Stats., and set forth in subch. II of ch. NR 102.

NR 106.51NR 106.51 Applicability. This subchapter applies to point sources that discharge cooling water, non-contact cooling water, or other wastewater to surface waters of the state if the discharge contains an associated heat load or is elevated in temperature relative to the ambient temperature of the receiving water. The procedures for calculation of effluent limitations identified in this subchapter do not apply to storm water discharges. Effluent limitations determined under this subchapter supersede any temperature limitations listed in s. NR 104.06 (2) (b).

NR 106.51 NoteNote: Section 283.11 (2) (b), Stats., states that rules concerning storm water discharges may be no more stringent than the requirements under the federal water pollution control act and regulations adopted under that act. Storm water pollution prevention plans may address thermal issues on a case-by-case basis.

NR 106.51 NoteNote: The department will use enforcement discretion whenever there are exceedances of effluent temperature limitations in a WPDES permit for an electric generating facility during an energy emergency warning or when an energy emergency event has been declared under a Federal Energy Regulatory Commission order (Standard EOP-002, North American Electric Reliability Corporation).

NR 106.52(1)(1) “Ambient temperature” means the typical existing temperature of a surface water outside the direct influence of any point source discharge, which may include daily and seasonal changes.

NR 106.52(2)(2) “cfs” means cubic feet per second, usually pertaining to stream or effluent flow.

NR 106.52(3)(3) “Cold shock” means exposure of aquatic organisms to a rapid decrease in temperature and a sustained exposure to low temperature that induces abnormal behavioral or physiological performance and may lead to death.

NR 106.52(4)(4) “Daily maximum effluent temperature” means the highest temperature measured in a calendar day.

NR 106.52(5)(5) “Daily maximum effluent temperature limitation” means the daily maximum effluent temperature limitation established in a permit.

NR 106.52(6)(6) “mgd” means million gallons per day, usually pertaining to stream or effluent flow.

NR 106.52(7)(7) “New facility” means any new point source facility or new point source discharge that commences operation after October 1, 2010.

NR 106.52(8)(8) “Seven-day rolling average effluent flow” means the arithmetic average of the effluent flow measured on a particular day and the 6 preceding days within that calendar month.

NR 106.52(9)(9) “Water quality standards” means applicable water quality standards set forth in chs. NR 102 to 104, or any federally promulgated water quality standards applicable to surface waters of the state.

NR 106.52(10)(10) “Weekly average effluent temperature” means the arithmetic mean of all daily maximum effluent temperature values recorded in a calendar week, Sunday through Saturday.

NR 106.52(11)(11) “Weekly average effluent temperature limitation” means the maximum allowable weekly average temperature determined as the arithmetic mean of all daily maximum effluent temperature values recorded in a calendar week, Sunday through Saturday.

NR 106.52(12)(12) “WPDES” or “WPDES permit” means Wisconsin pollutant discharge elimination system permit issued under ch. 283, Stats., but does not include storm water permits issued under s. 283.35, Stats.