NR 217.04(2)(a)3.3. A permittee may request an alternative effluent limitation in cases where phosphorus-deficient wastewaters necessitate the addition of phosphorus to a biological treatment system to assure efficient operation and compliance with other effluent limitations.

NR 217.04(2)(a)3.a.a. A permittee requesting an alternative effluent limitation under this subdivision shall, as a part of the WPDES application process, provide information which demonstrates that achieving the 1 mg/L total phosphorus effluent standard is not practically achievable and the information necessary for the department to establish an alternative effluent limitation. The information provided shall include but not be limited to the following: the results of a comprehensive phosphorus minimization study to minimize the amount of phosphorus discharged while allowing efficient operation of the wastewater treatment system, a description of actions implemented to reduce the amount of phosphorus discharged, the phosphorus effluent concentrations achievable after phosphorus minimization steps have been implemented, the removal efficiencies and costs associated with alternative treatment technologies which would be necessary to achieve the 1 mg/L effluent standard and the requested alternative limitation.

NR 217.04(2)(a)3.b.b. The department shall review requests and the information provided by the permittee and may establish alternative effluent limitations to the effluent standard imposed under sub. (1) (a) 2. where this standard, in the best professional judgment of the department, is not practically achievable. The department shall establish an alternative effluent limitation considering the minimum phosphorus effluent quality achievable while allowing efficient operation of the wastewater treatment system. The alternative effluent limitation established by the department under this subdivision may not exceed 2 mg/L as a monthly average.

NR 217.04(2)(b)(b) Permittees subject to sub. (1) (a) 1. or 2. which do not discharge their effluent into the basins of the Great Lakes or the Fox (Illinois) river may request an alternative effluent limitation for total phosphorus according to the provision of this paragraph.

NR 217.04(2)(b)1.1. A permittee may request an alternative effluent limitation under this paragraph in cases where achieving the 1 mg/L effluent standard would not result in an environmentally significant improvement in water quality and material progress towards the attainment and maintenance of associated surface water quality standards for the receiving water as established in chs. NR 102 to 104.

NR 217.04(2)(b)2.2. A permittee requesting an alternative effluent limitation under this paragraph shall propose for the department’s approval a study plan to identify the receiving waters affected or potentially affected by the discharge, describe how information will be obtained to justify an alternative effluent limitation under this paragraph, and provide the information necessary to establish interim and alternative effluent limitations under this paragraph. This study plan shall be submitted as a part of the WPDES permit application process. The results of the study shall include an evaluation of all point and non-point sources of phosphorus in the watersheds and the impacts of the phosphorus contributions on biological and chemical water quality conditions. Upon review of the study plan, the department may require additional information as deemed necessary and may expand the study to include other watersheds or portions thereof that may be significantly impacted by the permittee’s discharge of phosphorus.

NR 217.04(2)(b)3.3. The department may establish an alternative effluent limitation where, in the best professional judgment of the department and based upon the information provided by the permittee pursuant to the study plan and other relevant information, achieving the effluent standard under sub. (1) (a) 1. or 2. would not result in an environmentally significant improvement in water quality and material progress towards the attainment of associated surface water quality standards for the receiving waterbody as established in chs. NR 102 to 104.

NR 217.04(2)(b)4.4. An interim effluent limitation and compliance schedule for completing the study shall be imposed in a permit until the request for an exemption from the 1 mg/L effluent standard is approved or denied. The interim effluent limitation shall be equal to the representative concentration of total phosphorus as a monthly average in the effluent based on the information provided by the permittee as a part of the WPDES permit application process.

NR 217.04(2)(b)5.5. Alternative effluent limitations established under this paragraph may not exceed the interim effluent limitation established under subd. 4.

NR 217.04(3)(3) Analytical methods and laboratory procedures. Methods used for analysis of influent and effluent samples shall be as described in ch. NR 219 unless alternative methods are specified in the WPDES discharge permit.

NR 217.04(4)(4) Compliance. The department shall determine and specify a reasonable compliance schedule in the permittee’s WPDES permit if the facility is unable to meet the effluent standard or limitations determined according to this section at the time of permit issuance or reissuance. The date for compliance with this section may not extend beyond 3 years from the date of permit issuance or reissuance, unless the department determines that circumstances beyond the permittee’s control, such as an environmental impact statement, require additional time for compliance. In such circumstances, the date for compliance with this section may not extend beyond 5 years from the date of permit issuance or reissuance.

NR 217.10(4)(4) A facility or site that is regulated under ch. NR 216 only where the department has determined that compliance with the standards in chs. NR 151 and 216 are not sufficient to meet phosphorus criteria in s. NR 102.06.

NR 217.10 NoteNote: There may be other point sources that are not subject to the procedures in this subchapter, but which are be subject to s. 283.13 (5), Stats., or procedures in other rules (e.g., ch. NR 243 requirements for concentrated animal feeding operations).

NR 217.11NR 217.11 Definitions. Definitions of terms and the meaning of abbreviations used in this subchapter are as defined in ss. NR 102.03, 106.03, 205.03, 210.03, and 243.03. In addition, for purposes of this subchapter, the following definitions apply:

NR 217.11(3)(3) “New discharger” means a point source which was not authorized by a WPDES permit as of December 1, 2010. A new discharger includes a relocation of an outfall to a different receiving water.

NR 217.11 NoteNote: A surface water may be impaired and placed on the 303 (d) list for a reason other than phosphorus, nutrients, or dissolved oxygen (e.g., mercury), however the procedures in this subchapter only apply to impairments related to phosphorus, nutrients, or diurnal swings of dissolved oxygen.

NR 217.11(5)(5) “Privately owned wastewater facilities or treatment works” means a facility or treatment works owned by a nongovernmental entity that discharges domestic wastewater, commercial wastewater, or industrial wastewater or a combination thereof.