Current through August 26, 2024
(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).
(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:
(a)
Imposing effluent limitations or standards at the point of discharge is
impractical or infeasible.
(b) The
internal waste stream has not mixed with other waste streams or cooling water
streams.
(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.
(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.
(c) All approved analytical methods for the
metal inherently measure only the dissolved form of the pollutant.
