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 217.04(5) (5) Department determinations. Effluent standards and limitations established under subs. (1) (a) and (2) are not subject to the variance procedure under s. 283.15, Stats.

NR 217.04 History History: Cr. Register, November, 1992, No. 443, eff. 12-1-92.

subch. III of ch. NR 217 Subchapter III — Water Quality Based Effluent Limitations for Phosphorus

NR 217.10 NR 217.10 Applicability. This subchapter applies to discharges of phosphorus to surface waters of the state from the following point sources:

NR 217.10(1) (1) Publicly and privately owned wastewater facilities or treatment works;

NR 217.10(2) (2) Noncontact cooling water discharges which contain phosphorus unless 100 percent of the phosphorus in the discharge originates from the receiving water as intake water;

NR 217.10(3) (3) Concentrated animal feeding operations that discharge manure or process wastewater from the production area through alternative treatment facilities under s. NR 243.13; and

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 Note Note: 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 217.10 History History: CR 10-035: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 217.11 NR 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(1) (1) “303 (d) list” means a list of waters established by the department and approved by US EPA pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7.

NR 217.11(2) (2) “Adaptive management” means the use of monitoring data and other information at the time of permit reissuance to reassess management decisions and permit requirements.

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(4) (4) “Phosphorus impaired water” means a surface water listed on the 303 (d) list that is impaired for phosphorus, nutrients, or diurnal swings of dissolved oxygen.

NR 217.11 Note Note: 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.

NR 217.11(6) (6) “Technology based limitation” means an effluent limitation for phosphorus established pursuant to s. 283.11 (3), Stats., and subch. II or s. 283.13 (2) or (4), Stats.

NR 217.11(7) (7) “Total maximum daily load” or “TMDL” means the amount of pollutants specified as a function of one or more water quality parameters that can be discharged into a water quality limited segment and still ensure attainment of the applicable water quality standard in a watershed.

NR 217.11(8) (8) “US EPA” means the United States Environmental Protection Agency.

NR 217.11(9) (9) “WQBEL” means a water quality based effluent limitation.

NR 217.11 History History: CR 10-035: cr. Register November 2010 No. 659, eff. 12-1-10.

NR 217.12 NR 217.12 General.

NR 217.12(1) (1) Water quality based effluent limitations for phosphorus shall be included in a permit whenever the department determines:

NR 217.12(1)(a) (a) The discharge from a point source contains phosphorus at concentrations or loadings which will cause, has the reasonable potential to cause or contribute to an exceedance of the criteria in s. NR 102.06 in either the receiving water or downstream waters; and

NR 217.12(1)(b) (b) The technology based effluent limitation or the alternative treatment technology limitation calculated under s. NR 243.13 is less stringent than necessary to achieve the applicable water quality standard for phosphorus in s. NR 102.06.

NR 217.12(2) (2) If the technology based limitation expressed as a concentration is more stringent than the water quality based effluent limitation expressed as a concentration under s. NR 217.13, then the technology based limit shall be included in the permit, along with any mass limitations calculated under this subchapter as required under s. NR 217.14 (1) and (3).