NR 205.03(41)
(41) “Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
NR 205.03(42)
(42) “Vessel" as defined in
ch. 283, Stats., means any watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.
NR 205.03(43)
(43) “Wastewater" means cooling water, contaminated storm water, noncontact cooling water, process wastewater, sewage or any combination of these.
NR 205.03(43m)
(43m) “Wastewater treatment facility" means all the structures, pipes, and other equipment that constitute the various treatment processes and treatment units employed to reduce pollutants in wastewater.
NR 205.03(44)
(44) “Waters of the state" as defined in
ch. 283, Stats., means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.
NR 205.03 History
History: Cr.
Register, September, 1984, No. 345, eff. 10-1-84; am. (31),
Register, April, 1990, No. 412, eff. 5-1-90; am. (13),
Register, December, 1995, No. 480, eff. 1-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, November, 1996, No. 491; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2001, No. 544;
correction in (35) was made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545;
CR 12-027: cr. (3m), (4m), am. (5), cr. (6e), (6m), (6s), (9m), (31g), (31r), (35e), (35m), (35s), (39g), (39r), (43m)
Register July 2013 No. 691, eff. 8-1-13; correction in (39r) made under s. 13.92 (4) (b) 7., Stats.,
Register July 2013 No. 691;
CR 15-085: cr. (9g)
Register August 2016 No. 728, eff. 9-1-16;
CR 17-002: am. (27), (28) Register April 2018 No. 748, eff. 5-1-18. NR 205.04
NR 205.04 Abbreviations. The abbreviations listed below have the meanings shown unless otherwise specifically defined wherever they occur in
chs. NR 200 to
299 and in public notices, fact sheets, and permits issued under the Wisconsin pollutant discharge elimination system.
NR 205.04(3)
(3) “BAT" means best available technology economically achievable.
NR 205.04(4)
(4) “BCT" means best conventional pollutant control technology.
NR 205.04(5)
(5) “BOD" or “BOD
5" means the 5 day biochemical oxygen demand.
NR 205.04(6)
(6) “BPT" means best practicable technology currently available.
NR 205.04(16)
(16) “EPA" means the U.S. environmental protection agency.
NR 205.04(32)
(32) “meq" or “meq/l" means milliequivalents or milliequivalents per liter.
NR 205.04(34)
(34) “MGD" or “mgd" means millions of gallons per day.
NR 205.04(40)
(40) “NPDES" means the national pollutant discharge elimination system.
NR 205.04(41)
(41) “pH" means the logarithm of the reciprocal of the hydrogen ion concentration or the negative logarithm of the hydrogen ion concentration.
NR 205.04(43k)
(43k) “PSES" means pretreatment standards for existing sources.
NR 205.04(43n)
(43n) “PSNS" means pretreatment standards for new sources.
NR 205.04(46)
(46) “SS" or “TSS" means total suspended (nonfiltrable) solids.
NR 205.04(47)
(47) “TDS" means total dissolved (filtrable) solids.
NR 205.04(52)
(52) “WPDES" means the Wisconsin pollutant discharge elimination system.
NR 205.04 History
History: Cr.
Register, September, 1984, No. 345, eff. 10-1-84; cr. (40m), (43k) and (43n),
Register, April, 1990, No. 412, eff. 5-1-90
; correction in (intro.) was made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545.
NR 205.05
NR 205.05 Rainfall events. The design rainfall amount and probable intensity of 10-year and 25-year, 24-hour rainfall events for locations in Wisconsin shall be determined from the data in table 1, or for a particular location such determination may be made on the basis of more recent rainfall probability data verified by a government agency and approved by the department for this purpose.
-
See PDF for table 
NR 205.05 Note
Note: The data of table 1 were obtained by extrapolation from maps published by the National Weather Service in Technical Paper No. 40, “Rainfall Frequency Atlas of the United States".
NR 205.05 History
History: Cr.
Register, September, 1984, No. 345, eff. 10-1-84.
NR 205.06
NR 205.06 Effluent limitations applicable where pH is monitored continuously. When an industrial point source discharger continuously monitors the pH of wastewater in accordance with the requirements of a WPDES permit and the pH limits in the permit are established as part of the effluent limitations applicable to the category of dischargers to which the industrial point source belongs, the permittee shall maintain the pH of such wastewater within the range of the categorical limits, except pH excursions from the range are permitted subject to the following constraints:
NR 205.06(1)
(1) The total time during which the pH values are outside the range of categorical pH limits may not exceed 7 hours and 26 minutes in any calendar month.
NR 205.06(2)
(2) An individual excursion from the range of categorical pH limits may not exceed 60 minutes.
NR 205.06 History
History: Cr.
Register, September, 1984, No. 345, eff. 10-1-84; correction in (3) was made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 2001, No. 545.
NR 205.065(1)
(1)
Effluent limitations in permits. The department shall impose permit effluent limitations or effluent standards for discharges of pollutants on the discharge point of the permitted facility except as provided in
sub. (2).
NR 205.065(2)
(2) Internal waste streams. The department may impose permit effluent limitations or effluent standards for discharges of pollutants on an internal waste stream when all of the following are true:
NR 205.065(2)(a)
(a) Imposing effluent limitations or standards at the point of discharge is impractical or infeasible.
NR 205.065(2)(b)
(b) The internal waste stream has not mixed with other waste streams or cooling water streams.
NR 205.065(2)(c)
(c) The fact sheet under
ch. NR 201 states the reasons why it is necessary to impose effluent limitations or standards on an internal waste stream.
NR 205.065(3)
(3) Calculation of effluent limitations for POTWs. For continuous dischargers as defined in
s. NR 205.03 (9g) and subject to
ch. NR 210, effluent limitations shall be based on the maximum effluent flow, expressed as a daily average, that is anticipated to occur for 12 continuous months during the design life of the treatment facility unless it is demonstrated to the department that such a design flow rate is not representative of projected flows at the facility.
NR 205.065(4)
(4) Calculation of effluent limitations for other continuous discharges. For all other discharges not subject to
ch. NR 210, effluent limitations shall be calculated based on actual representative flow values except as provided in
pars. (a) and
(b).
NR 205.065(4)(a)
(a) For new discharges, production-based effluent limitations shall be estimated using projected production.
NR 205.065(4)(b)
(b) If a facility is expanding or decreasing production levels, the department may use an estimated alternative production value to calculate production-based effluent limitations.
NR 205.065(5)
(5) Intake water credit. If requested by the permittee in the permit application for issuance or reissuance, technology-based effluent limitations shall, for each substance or parameter, be adjusted to reflect the discharger's intake water if all of the following conditions are met:
NR 205.065(5)(b)
(b) The permittee does not discharge raw water clarifier sludge generated from the treatment of intake water.
NR 205.065(5)(c)
(c) The permittee demonstrates that the applicable technology-based effluent limitation for the pollutant would be met in the absence of the pollutant in the intake water.
NR 205.065(5)(d)
(d) The permittee demonstrates that the constituents of the pollutant in the effluent are substantially similar to the constituents of the pollutant in the intake water. The permittee shall also demonstrate that the intake water is drawn from the same waterbody as defined in
s. NR 106.03 (11m) from into which the discharge is made.
NR 205.065(6)
(6) Maximum intake water credit. If intake credit is granted pursuant to
sub. (5), that intake credit cannot exceed the
maximum value equal to the influent value, and shall be no greater than the value necessary to comply with the applicable permit effluent limitation. Additional monitoring may be included in the permits to determine eligibility for credits and compliance with the applicable limits.
NR 205.065(7)
(7) Effluent Limit expression. Effluent limitations shall be expressed in accordance with this subsection except if the department determines it is impracticable, or if the department determines that different time periods for expressing limitations are needed to ensure compliance with the applicable water quality standard and different time periods are established in another rule provision for a specific pollutant. Water quality-based effluent limitations for toxic pollutants shall be expressed in a permit in accordance with
ch. NR 106. Effluent limitations shall be expressed in accordance with all of the following:
NR 205.065(7)(a)
(a) For continuous dischargers as defined in
s. NR 205.03 (9g) and subject to
ch. NR 210, limitations shall be expressed as average weekly and average monthly discharge limitations.
