NR 212.03(10) (10) “Instream aeration” means techniques which increase the dissolved oxygen content of a receiving water. Those techniques include, but are not limited to, mechanical aeration devices, diffuser systems, and turbine venting.

NR 212.03(11) (11) “Margin of safety” means a portion of the total maximum load which accounts for the uncertainties concerning the relationship between effluent limitations and water quality or provide a greater assurance that the water quality standards will be met. This portion of the total maximum load is not available for allocation to point sources.

NR 212.03(12) (12) “New point source”, for the purposes of this subchapter, means a point source which commenced operation after January 1, 1980.

NR 212.03(13) (13) “Nonpoint source” means a source of pollution resulting from a land management activity which contributes to runoff, seepage or percolation; and which is not defined as a point source.

NR 212.03(14) (14) “Nonpoint source allocation” means that portion of the total maximum load distributed or apportioned to nonpoint sources and unavailable for allocation to point sources.

NR 212.03(14e) (14e) “Off-machine production” means that quantity of paper or paperboard taken from a paper machine for further processing, conversion or sale exclusive of coating material applied after the paper machine.

NR 212.03(14q) (14q) “Projected population change” means an increment of projected population change for a sewer service area pursuant to the appropriate areawide water quality management plan.

NR 212.03(15) (15) “Point source allocation” means that portion of the total maximum load distributed or apportioned to point sources.

NR 212.03(16) (16) “Publicly-owned point source” means any point source which is owned by a municipality.

NR 212.03(17) (17) “Public sector growth” means an increase in waste water discharge from any person except industrial establishments, whose waste water is treated by a publicly-owned point source.

NR 212.03(18) (18) “Reserve capacity” means that portion of the total maximum load reserved for allocation to new or expanding point sources.

NR 212.03(19) (19) “Residential growth” means an increase in population.

NR 212.03(20) (20) “Stream segment” means a portion of a stream including natural and artificial flowages.

NR 212.03(21) (21) “Total maximum load” means the maximum quantity of a pollutant or pollutants that can be discharged into a water quality limited segment over a specified period of time to maintain the applicable water quality standards. The total maximum load is the sum of the point source allocation, the nonpoint source allocation, the reserve capacity and the margin of safety.

NR 212.03(22) (22) “Wasteload allocation” means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source discharge.

NR 212.03(23) (23) “Water quality limited segment” means any area or portion of a stream which will not meet the established water quality standard with application of only categorical effluent limitations to all point sources.

NR 212.03(24) (24) “Water quality related effluent limitation” means a point source effluent limitation designed to meet applicable water quality standards and which is more restrictive than the categorical effluent limitations. For the purposes of this subchapter, water quality related effluent limitations refer to those determined as a result of a wasteload allocation.

NR 212.03(25) (25) “Water quality standards” means administrative rules adopted as chs. NR 102, 103 and 104, under authority of s. 281.15, Stats.

NR 212.03(26) (26) “WPDES permit” means a Wisconsin pollutant discharge elimination system permit for the discharge of pollutants issued by the department under ch. 283, Stats.

NR 212.03 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; cr. (5m), (14e) and (14q), Register, May, 1986, No. 365, eff. 6-1-86; CR 15-085: am. (intro.), (3), (12), (22), (24) Register August 2016 No. 728, eff. 9-1-16.

NR 212.05 NR 212.05 General.

NR 212.05(1) (1) Water quality related effluent limitations and total maximum loads shall be established whenever categorical effluent limits required under s. 283.13, Stats., are less stringent than necessary to achieve the designated water quality standard. Water quality related effluent limitations for point sources shall be specified in a WPDES permit.

NR 212.05(2) (2) For the purposes of this chapter compliance with water quality related effluent limitations is recognized as compliance with s. 283.31 (4) (d), Stats.

NR 212.05(3) (3) In no case shall the water quality related effluent limitations be less stringent than applicable categorical effluent limitations.

NR 212.05(4) (4) Analysis of the samples shall be performed in accordance with ch. NR 219. Laboratory test results for 5-day biochemical oxygen demand and nutrients submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149.

NR 212.05 Note Note: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.

NR 212.05 History History: Cr. Register, September, 1981, No. 309, eff. 10-1-81; cr. (4), Register, April, 1986, No. 364, eff. 8-28-86.

NR 212.06 NR 212.06 Determination of the total maximum load.

NR 212.06(1) (1) When required by s. NR 212.05, total maximum loads for stream segments shall be established based upon relevant water quality and quantity considerations including, but not limited to, streamflow, water temperature, pH, dissolved oxygen, suspended solids and hardness or other natural background conditions. The stream conditions to be used for calculating the total maximum load are specified in s. NR 102.03 (3). Variable loadings may be established for a given stream segment to reflect the varying capacity of a stream to assimilate wastes under differing conditions when necessary supporting data is available.