NR 207.04(1)(a)1.c.
c. The permittee's weekly average discharge equals or exceeds 85% of a weekly average effluent limitation established in a permit for 4 consecutive weeks.
NR 207.04(1)(a)1.d.
d. The permittee's daily discharge equals or exceeds 85% of a daily maximum effluent limitation established in a permit 5 or more times during a calendar year;
NR 207.04(1)(a)1.e.
e. There are exceedances of any daily maximum, weekly average or monthly average effluent limitation for a parameter in a permit; or
NR 207.04(1)(a)1.f.
f. A municipal permittee's compliance maintenance annual report point total, as required in
ch. NR 208, is
70 or greater;
NR 207.04(1)(a)3.
3. The treatment facilities were operated and maintained as efficiently as possible; and
NR 207.04(1)(b)
(b) Effluent quality data and background water quality data for indicator parameters so a determination will be made on whether or not a significant lowering of water quality will occur under
s. NR 207.05.
NR 207.04(1)(c)
(c) If the proposed new or increased discharge is found to result in any lowering of water quality or if the person proposing the new or increased discharge has waived the procedure in
s. NR 207.05 (2) (a) to
(d), the permit applicant shall demonstrate the following:
NR 207.04(1)(c)1.
1. The proposed new or increased discharge will accommodate important economic or social development in any of the following ways:
NR 207.04(1)(c)1.e.
e. There will be industrial, commercial or residential growth in the community.
NR 207.04(1)(c)1.f.
f. The discharger will be providing economic or social benefit to the community.
NR 207.04(1)(c)1.g.
g. The discharger will be correcting an environmental or public health problem.
NR 207.04(1)(d)
(d) If the new or increased discharge is found to result in a significant lowering of water quality or if the person proposing the new or increased discharge has waived the procedure in
s. NR 207.05 (2) (a) to
(d), the permit applicant shall demonstrate the following:
NR 207.04(1)(d)1.
1. The proposed significant lowering of water quality cannot be prevented in a cost effective manner by the following types of pollution control alternatives:
NR 207.04(1)(d)1.c.
c. Use of other applicable wastewater treatment process or operational changes.
NR 207.04(1)(d)2.
2. For proposals involving the expansion of a wastewater treatment plant, whether or not there are alternative wastewater treatment technologies which:
NR 207.04(1)(d)2.b.
b. Have capital costs less than 110% of the capital costs (or present worth less than 115% of the related total present worth value) for alternatives achieving the water quality based effluent limitations or the effluent limitations determined pursuant to
chs. NR 200 to
297, as appropriate, and
NR 207.04(1)(d)3.
3. Whether or not there are other discharge locations or alternatives which would meet the conditions of
subd. 2. b. and
c.
NR 207.04(1)(d)4.
4. Any other information required by the department or believed by the applicant to be necessary to complete review of the application.
NR 207.04 Note
Note: It is the intent of the department that, where possible, an applicant may use applicable information contained in a facility plan approved by the department to meet the requirements of s.
NR 207.04 (1) (a) 1.a. to
f..
NR 207.04(2)(a)(a) If the department determines that the existing wastewater treatment facilities have treatment capability to treat any proposed new or increased discharge and maintain treatment levels sufficient to meet existing effluent limitations as documented under
sub. (1) (a), effluent limitations will remain unchanged.
NR 207.04(2)(b)
(b) If the department determines that the existing treatment facilities do not have treatment capability to treat any proposed new or increased discharge and maintain treatment levels sufficient to meet existing effluent limitations, effluent limitations will be developed using the following procedures:
NR 207.04(2)(b)1.
1. If the proposed new or increased discharge will not significantly lower water quality as determined under
s. NR 207.05 (4) and will accommodate important economic and social development as documented under
sub. (1) (c), water quality based effluent limitations will be determined based on applicable procedures and criteria in
chs. NR 102,
103,
105 and
106 or on categorical effluent limitation procedures pursuant to
chs. NR 200 to
297 as appropriate.
NR 207.04(2)(b)2.
2. If the proposed new or increased discharge will not significantly lower water quality as determined under
s. NR 207.05 (4) and will not accommodate important economic and social development as documented under
sub. (1) (c), water quality based effluent limitations for substances in the new or increased discharge will be set equal to the existing levels of these substances upstream of, or adjacent to, the discharge site.
NR 207.04(2)(b)3.
3. If the proposed new or increased discharge will significantly lower water quality as determined under
s. NR 207.05 (4), or the applicant has chosen to waive the procedure in
s. NR 207.05 (2) (a) to
(d), and the proposed discharge will not accommodate important economic and social development as documented under
sub. (1) (c), water quality based effluent limitations for substances in the new or increased discharge will be set equal to the existing levels of these substances upstream of, or adjacent to, the discharge site.
NR 207.04(2)(b)4.
4. If the proposed new or increased discharge will significantly lower water quality as determined under
s. NR 207.05 (4), or the applicant has chosen to waive the procedure in
s. NR 207.05 (2) (a) to
(d), and the proposed discharge will accommodate important economic and social development as documented under
sub. (1) (c), effluent limitations for the proposed new or increased discharge will be determined using the procedure in
par. (c).
NR 207.04 Note
Note: When assessing existing treatment capabilities, it is the intent of the department to consider projected increases in a permittee's discharge due to a planned water conservation project.
NR 207.04(2)(c)
(c) The department shall use the following procedures to determine water quality based effluent limitations or effluent limitations determined pursuant to
chs. NR 200 to
297 as appropriate, for each substance in the proposed new or increased discharge for which the existing levels upstream of, or adjacent to, the discharge site are of better quality than applicable water quality criteria or secondary values derived according to
ch. NR 102,
103 or
105:
NR 207.04(2)(c)1.
1. If there are no applicable pollution control alternatives or alternative discharge locations which meet the conditions of
sub. (1) (d) 2. or
3., effluent limitations will be determined for the new or increased portion of the discharge based on applicable procedures and criteria or secondary values derived according to
chs. NR 102,
103,
105 and
106 or based on effluent limitations pursuant to
chs. NR 200 to
297, as appropriate.
NR 207.04(2)(c)2.
2. If there are applicable pollution control alternatives or alternative discharge locations which meet the conditions of
sub. (1) (d) 2. or
3., water quality based effluent limitations will be determined for the new or increased portion of the discharge based on the applicable pollution control alternative or alternative discharge site which prevents the significant lowering of water quality.
NR 207.04(2)(c)3.
3. For an increased discharge not involving expansion of a wastewater treatment plant:
NR 207.04(2)(c)3.a.
a. If there are no demonstrated, cost effective pollution control alternatives which would prevent significant lowering of water quality as demonstrated under
sub. (1) (d) 1., effluent limitations shall be determined pursuant to
chs. NR 102 and
106 or
chs. NR 200 to
297, as appropriate.
NR 207.04(2)(c)3.b.
b. If there are demonstrated, cost effective pollution control alternatives which would prevent the significant lowering of water quality as demonstrated under
sub. (1) (d) 1., water quality based effluent limitations will be determined for the new or increased portion of the discharge based on the cost effective pollution control alternative which prevents the significant lowering of water quality.
NR 207.04(2)(d)
(d) The department shall determine water quality based effluent limitations using the water quality criteria or secondary values derived according to
ch. NR 102,
103,
104 or
105 for substances in the proposed new or increased discharge whose levels in the receiving water are of lesser quality than the water quality criteria or secondary values for the receiving water upstream of, or adjacent to, the discharge site.
NR 207.04(2)(e)
(e) In addition to the provisions of
pars. (a) to
(c), if the department determines that a proposed new or increased discharge will result in lowering of water quality in downstream outstanding resource waters or a proposed new discharge would result in lowering of water quality in exceptional resource waters, other than for the reasons specified in
s. NR 207.03 (2) (a), water quality based effluent limitations for substances in the new or increased portion of the discharge will be set to prevent the lowering of water quality in the downstream outstanding or exceptional resource water. Whenever
s. NR 207.03 (2) (a) applies, effluent limitations shall be established using the procedures in this section.
NR 207.04 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89; renum. (1) (a) 1. a. to d. to be (1) (a) 1. b. and d. to f., cr. (1) (a) 1. a., c. and (d) 1. e., am. (2) (c) (intro.), 1. and (d),
Register, August, 1997, No. 500, eff. 9-1-97.
NR 207.05
NR 207.05 Determining significant lowering of water quality. NR 207.05(1)(1)
Indicator parameters. For each proposed new or increased discharge the department shall determine a list of water quality parameters for which the significant lowering of water quality test will be applied. The list shall consist of:
NR 207.05(1)(a)
(a) Biochemical oxygen demand/dissolved oxygen, ammonia-nitrogen, and copper; or
NR 207.05(1)(b)
(b) Some other list of substances for which water quality criteria or secondary values have been determined according to
chs. NR 102 to
105, not to exceed
10 parameters, which is determined to be representative of the discharge.
NR 207.05(2)
(2) Application information. Persons proposing a new or increased discharge shall use the following procedure to demonstrate to the department whether the discharge will result in a significant lowering of water quality:
NR 207.05(2)(a)
(a) Determine the expected levels of the indicator parameters in the discharge.
NR 207.05(2)(b)
(b) Determine existing levels of the indicator parameters upstream of, or adjacent to, the discharge site using applicable procedures in
chs. NR 102 and
106 or specified by the department if none of those procedures apply. Existing levels shall be based on the earliest source of data after March 1, 1989 unless a demonstration is made that there has been a change in existing levels resulting in a change in the assimilative capacity of the receiving water, in which case the existing levels shall be based on the data used in the demonstration.
NR 207.05(2)(c)
(c) Calculate expected levels in the receiving water of the indicator parameters as a result of the proposed new or increased discharge. In calculating expected levels in the receiving water, the following shall be used:
NR 207.05(2)(c)1.
1. Applicable design low flow rates or dilution ratios for the receiving water in
ch. NR 102 or
106 or specified by the department if none of those rates or ratios apply.
NR 207.05(2)(c)2.
2. The daily average discharge loading rates for the new or increased portion of a municipal discharge or the yearly average discharge loading rates for the new or increased portion of an industrial discharge.
NR 207.05(2)(d)
(d) Compare the expected levels in the receiving water of each indicator parameter as calculated in
par. (c) to:
NR 207.05(2)(d)1.
1. The assimilative capacity multiplied by one-third for all indicator parameters except dissolved oxygen; or
NR 207.05(2)(d)2.
2. The sum of the existing level multiplied by two-thirds and the water quality criterion multiplied by one-third for dissolved oxygen.
NR 207.05(3)
(3) Procedure waiver. Persons proposing a new or increased discharge may choose to waive the procedure in
sub. (2), and proceed directly to the economic and social development test in
s. NR 207.04 (1) (c).
NR 207.05(4)
(4) Department determinations. The department shall determine that a proposed new or increased discharge will result in a significant lowering of water quality if either:
NR 207.05(4)(a)
(a) The proposed new or increased discharge, along with all other new or increased discharges after March 1, 1989, taking into account any changes in assimilative capacity over time that have been demonstrated under
sub. (2) (b), results in an expected level of an indicator parameter in the receiving water of either of the following:
NR 207.05(4)(a)1.
1. Greater than one-third multiplied by the assimilative capacity for any indicator parameter other than dissolved oxygen; or
NR 207.05(4)(a)2.
2. Greater than the sum of the existing level multiplied by two-thirds and the water quality criterion multiplied by one-third for dissolved oxygen.
NR 207.05(4)(b)
(b) For a discharge to the Great Lakes system, the mass loading to the receiving water of any substance in the proposed new or increased discharge having a bioaccumulation factor greater than 1000 would be increased.
NR 207.05 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89; am. (1) (b) and (4) (b),
Register, August, 1997, No. 500, eff. 9-1-97.
NR 207.10
NR 207.10 Purpose and applicability. NR 207.10(1)
(1)
Purpose. The purpose of this subchapter is to establish antibacksliding requirements for the WPDES permit program.
NR 207.10(2)
(2) Applicability. This subchapter applies to any permittee that requests in a WPDES permit modification or reissuance application an increased or less stringent limitation that limits the discharge of a pollutant to a surface water. This subchapter does not apply to a request for an increased limitation that limits the discharge of a pollutant to groundwater. This subchapter is not applicable when the department increases a limitation that has not yet taken effect in a WPDES permit.
NR 207.10 History
History: CR 17-002: cr.
Register April 2018 No. 748, eff. 5-1-18.
NR 207.11
NR 207.11 Definitions. In addition to the definitions in
ch. NR 205, the following definitions apply to this subchapter:
NR 207.11(1)
(1) “Best professional judgment limitation” means technology based effluent limitations established on a case-by-case basis by the permit drafter when there are no applicable promulgated effluent guidelines for the category of discharge. These limitations are established under
s. NR 220.21 and
33 USC 1342(a)(1)B.
NR 207.11(2)
(2) “Effluent limitation guidelines” or “effluent guideline standard” or “ELGs” means guidelines for establishing technology based effluent limitations under
33 USC 1313(b) including, but not limited to, guidelines for best practicable control technology currently achievable, best conventional pollutant control technology, best available technology economically achievable, and new source performance standards.
NR 207.11(4)
(4) “State technology based treatment standard” means a technology based treatment standard promulgated by the state that is not an ELG.
NR 207.11 Note
Note: The department's state statutory authority for establishing technology based guidelines and standards is found in ss.
283.11,
283.13,
283.19, and
283.21, Stats. An example of a state treatment technology based standard is a standard promulgated under s.
283.11 (3) or
(4), Stats.
NR 207.11 History
History: CR 17-002: cr.
Register April 2018 No. 748, eff. 5-1-18;
correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2018 No. 754. NR 207.12(1)
(1)
General. Except as provided in this section, effluent limitations or standards in a reissued, revoked and reissued, or modified permit shall be at least as stringent as the effective effluent limitations or standards in the previous permit.
If one of the exceptions in
subs. (2) to
(4) is satisfied to relax or backslide a limitation, the limitation may only be made less stringent if both of the following apply:
NR 207.12(1)(a)
(a) The less stringent limitation is at least as stringent as required by the effluent limitation guideline in effect at the time the permit is reissued, revoked and reissued, or modified.
NR 207.12(1)(b)
(b) The less stringent limitation complies with state water quality standards, including the antidegradation requirements in subch.
I.
NR 207.12 Note
Note: The requirements in sub. (1) is commonly referred to as the “safety clause” provision of the antibacksliding requirements in the Clean Water Act, and these requirements apply to any relaxation of any limitation. See
33 USC 1342(o)(3).
NR 207.12(2)
(2) Relaxing a best professional judgment limitation. Best professional judgment limitations established under
s. NR 220.21 (1) that have taken effect in a permit may be made less stringent in a reissued, revoked and reissued, or modified permit if the requirements of
sub. (1) (a) and
(b) are satisfied and one or more of the following apply:
NR 207.12(2)(a)
(a) Material and substantial alterations or additions to the permitted facility occurred after the best professional judgment limitation was initially imposed in the permit, which justify the application of a less stringent effluent limitation,
NR 207.12(2)(b)
(b) New information is available that was not available at the time of permit issuance and that would have justified the application of a less stringent effluent limitation at the time of permit issuance. New information under this paragraph does not include revised regulations, guidance, or test methods.
