Wisconsin Legislature: 001 - CR 15-085 Rule Text

(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.

(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).

(a) For new discharges, production-based effluent limitations shall be estimated using projected production.

(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.

(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:

(a) Antidegradation requirements in ch. NR 207 are satisfied, if applicable.

(b) The permittee does not discharge raw water clarifier sludge generated from the treatment of intake water.

(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.

(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.

(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.

(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:

(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.

(b) For continuous discharges as defined in s. NR 205.03 (9g) and not subject to ch. NR 210, limitations shall be expressed as daily maximum and average monthly discharge limitations.

(c) For seasonal discharges, discharges proportional to stream flow, or other unusual discharge situations that do not meet the definition of a continuous discharge in s. NR 205.03 (9g), limitations shall be expressed on a case-by-case basis. When determining limitations the department shall consider all of the following factors:

1. Frequency and duration of discharge.

2. Total mass of discharge.

3. Maximum flow rate of discharge.

4. Whether the pollutant is subject to other limitations expressed by mass, concentration, or other appropriate measure in the permit.

Note: An example of a different time period for expressing limits for a specific pollutant or parameter is phosphorus limitations as specified in s. NR 217.14.

(8) Mass limitations. (a) All pollutants limited in permits shall have limitations, standards, or prohibitions expressed in terms of mass, except for any of the following situations:

1. Pollutants limited in permits that cannot be appropriately expressed by mass such as pH, chlorine, temperature, radiation, or other pollutants.

2. When applicable standards and limitations are expressed in terms of other units of measurement.

3. If limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation.

(b) If a mass limit is included in the permit for a pollutant, the pollutant may also be limited in terms of other units of measurement in the permit, and the permit shall require the permittee to comply with both limitations.

(9) Metals. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of total recoverable in a permit unless any of the following conditions apply:

(a) An applicable effluent standard or limitation has been promulgated and specifies the limitation for the metal in dissolved or valent or total form.

(b) In establishing permit limitations on a case-by-case basis, it is necessary to express the limitation for the metal in the dissolved or valent or total form to carry out the provisions of the federal Clean Water Act or ch. 283, Stats.

NR 205.066 Permit Conditions. (1) Monitoring. The department shall determine on a case-by-case basis the monitoring frequency to be required for each effluent limitation in a permit. Monitoring shall occur at the point of discharge or at the internal waste stream if the permit limitations are imposed on the internal waste stream under s. NR 205.065 (2) unless an alternative location is established by the department in the permit.

(2) Production limit documentation. If limits are calculated under s. NR 205.065 (4) (a) or (b) the permittee shall submit with the DMR the level of production that actually occurred during each month limits are effective.

(3) Exceedance of production limits. The permittee shall comply with the limitations, standards, and prohibitions calculated under s. NR 205.065 (4) (b) unless the permittee has notified the department in writing of an anticipated exceedance of the estimated alternative design flow used to calculate limits, in which case the permittee may comply with an alternative design flow, not to exceed the production level specified in the notice. Written notifications must be submitted to the department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit and shall specify the anticipated level, period during which the permittee expects to operate at the alternate level, and the reasons for the anticipated production level increase. Notice of increased discharge must be submitted to the department for all exceedances not covered in previous notifications.

Section 68. NR 212 Subchapter I (title) is created to read:

SUBCHAPTER I

GENERAL

Section 69. NR 212.01 is amended to read:

NR 212.01 Purpose. The purpose of this chapter is to establish the procedures, methodologies, and requirements to be used by the department for determining total maximum pollutant loadings and corresponding water quality related effluent limitations in accordance with ss. 283.13 (5), 283.15 283.31 (3) (d) 3., and 283.83 (1) (c), Stats. Such restrictions are established to attain and maintain the designated uses specified in the water quality standards appearing in chs. NR 102, 103, and 104.

Section 70. NR 212 Subchapter II (title) is created to read (insert before NR 212.02):

SUBCHAPTER II

EFFLUENT LIMITATIONS FOR BIOCHEMICAL OXYGEN DEMAND DEVELOPED THROUGH WASTELOAD ALLOCATIONS FOR SPECIFIC STREAM SEGMENTS

Section 71. NR 212.02 (1) is repealed and recreated to read:

NR 212.02 (1) The provisions of this subchapter are applicable to water quality related effluent limitations for biochemical oxygen demand developed through wasteload allocations for the Lower Fox River from milepoints 0-40.0, Upper Wisconsin River from milepoints 171.9-341.4, and Peshtigo River from milepoints 0-12, and established under s. 283.13 (5), Stats.

Section 72. NR 212.02 (2) is amended to read:

NR 212.02 (2) Nothing in this chapter subchapter shall in any way inhibit, override, preclude, or prevent the department from issuing any permit with toxic effluent limits even if such permit limitations would result in more stringent limitations than provided in this chapter subchapter.

Section 73. NR 212.03 (intro.), (3), (12), (22), and (24) are amended to read:

NR 212.03 Definitions. (intro.) In addition to the definitions and abbreviations in ss. NR 205.03 and 205.04, the following definitions are applicable to terms used in this chapter subchapter:

(3) "Conventional pollutant" means those pollutants identified in section 304 (a) (4) of the federal clean water act amendments of 1977. These pollutants are; : biological biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease.

(12) "New point source", for the purposes of this chapter subchapter, means a point source which commenced operation after January 1, 1980.

(22) "Waste load Wasteload allocation" means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source, nonpoint sources, reserve capacity, and margin of safety discharge.

(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 chapter subchapter, water quality related effluent limitations refer to those determined as a result of a waste load wasteload allocation.

Section 74. NR 212.12 (2) (d) is amended to read:

NR 212.12 (2) (d) No bypasses exist occur which that are not authorized approved by the department; and

Section 75. NR 212.40 (2) (intro.), (b), and (c) are amended to read:

NR 212.40 (2) (intro.) Determine The department shall determine baseline loads for each point source subject to the waste load wasteload allocation. in accordance with all of the following:

(b) Nonpublicly−owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each nonpublicly−owned point source shall be calculated as follows:

Baseline Load = (BPT) (Production) (0.85)

Where: BPT = The final best practicable waste treatment effluent limitations for the point source as provided in chs. ch. NR 284 and 285, or 217 220, when applicable, expressed in pounds of BOD5 per ton of production.

Production = The maximum weekly off−machine production during 1973 expressed as tons per day.

0.85 = Adjustment factor to approximate daily average off−machine production.

(c) Nonpublicly−owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each nonpublicly−owned point source shall be calculated as follows: