Wis. Admin. Code NR § 102.03

Current through May 28, 2024
Section NR 102.03 - Definitions

In this chapter, the following definitions apply:

(1) "Ambient temperature" means the typical existing temperature of a surface water outside the direct influence of any point source discharge, which may include daily and seasonal changes.
(1c) "Benthic" means relating to the ecological zone at the bottom of a body of water, including the sediment surface and subsurface layers.
(1e) "Biological assessment threshold" means a numeric value or condition description used to measure the quality of a waterbody's biological community and to determine attainment of its designated uses.
(1g) "Chlorophyll a" means a green pigment present in all green plants and in cyanobacteria, responsible for the absorption of light to provide energy for photosynthesis.
(1i) "Clean Water Act" means the federal Clean Water Act of 1972 and amendments.
(1k) "Confidence interval" means a range within which the true value of a parameter is likely to occur, with a specified level of confidence.
(1m) "Diatom" means a common and diverse group of unicellular algae of the phylum Chrysophyta, having cell walls containing silica.
(1o) "Drainage lake" means a lake with an outlet stream that continually flows under average summer conditions based on the past 30 years.
(1q) "Impounded flowing water" means a waterbody impounded by a constructed outlet structure on a river or stream that is not a reservoir as defined in sub. (4s).
(1v) "Macrophyte" means an aquatic plant large enough to be seen without the use of a microscope.
(2) "Mixing zone" means a region in which a discharge of different characteristics than the receiving water is in transit and progressively diluted from the source to the receiving system.
(3) "Natural conditions" means the normal daily and seasonal variations in climatic and atmospheric conditions, and the existing physical and chemical characteristics of a water or the course in which it flows.
(4) "Natural temperature" means the normal existing temperature of a surface water including daily and seasonal changes outside the zone of influence of any artificial inputs.
(4e) "PFOA" means perfluorooctanoic acid in its anionic, cationic, and acidic forms as well as any salts of perfluorooctanoic acid.
(4m) "PFOS" means perfluorooctane sulfonate, including its anionic, cationic, and acidic forms as well as any salts of perfluorooctane sulfonate.
(4s) "Reservoir" means a waterbody with a constructed outlet structure intended to impound water and raise the depth of the water by more than two times relative to the conditions prior to construction of the dam, and that has a mean water residence time of 14 days or more under summer mean flow conditions using information collected over or derived for a 30 year period.
(5) "Resource management" means the application of control techniques to enhance or preserve a surface water in accordance with statutory provisions and in the general public interest.
(6) "Section 303 (d) list" means a list of waters that do not attain water quality standards and require a total maximum daily load analysis, as specified under section 303 (d) of the Clean Water Act, 33 USC 1313(d).
(6e) "Seepage lake" means a lake that does not have an outlet stream that continually flows under average summer conditions based on the past 30 years.
(6m) "Stratified lake or reservoir" means a lake or reservoir where sufficient field data demonstrate that the lake is dimictic or, in absence of sufficient field data, the following equation results in a value of greater than 3.8:

Maximum Depth (meters) - 0.1

Log10Lake Area (hectares)

(6s) "Stratified two-story fishery lake" or "two-story fishery lake" means a lake greater than 5 acres in size that is typically stratified in the summer, with the potential for an oxygenated hypolimnion, that has documentation at any time since 1975 of a population of cold water fish species such as cisco, whitefish, or trout that is sustained through natural reproduction or long-term active stocking with year-to-year survival.

Note: A list of two-story fishery lakes that contain naturally reproducing lake trout, whitefish, or cisco, or are stocked and managed by the department for brook, brown, rainbow, or lake trout, is available on the department's designated uses website at https://dnr.wi.gov/topic/SurfaceWater/usedesignations.html.

(7) "Surface waters" means all natural and artificial named and unnamed lakes and all naturally flowing streams within the boundaries of the state, but not including cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters (the term waters as used in this chapter means surface waters).
(7m) "Total phosphorus" means all of the phosphorus in a water sample analyzed using the methods identified under the provisions of s. NR 219.04 (1).
(8) "Unauthorized concentrations of substances" means pollutants or other chemicals introduced into surface waters without prior permit or knowledge of the department, but not including accidental or unintentional spills.
(9) "U.S. EPA" means the United States environmental protection agency.

Wis. Admin. Code Department of Natural Resources § NR 102.03

Cr. Register, September, 1973, No. 213, eff. 10-1-73; r. (1), renum. from NR 102.01, Register, February, 1989, No. 398, eff. 3-1-89; cr. (10), Register, May, 1993, No. 449, eff. 6-1-93; CR 07-111: cr. (intro.) and (1), r. (8) to (10), renum. (1) to (7) to be (2) to (8) Register September 2010 No. 657, eff. 10-1-10.
Amended by, CR 19-014: renum. (6) to NR 210.03(10m), cr. (9) Register April 2020 No. 772, eff. 5/1/2020
Amended by, CR 21-083: cr. (4e), (4m) Register July 2022 No. 799, eff. 8/1/2022.
Amended by, CR 19-094: am. (intro), cr. (1c) to (1m), renum. (1o) from NR 102.06 (2) (a), cr. (1q), (1v), renum. (4s) from NR 102.06 (2) (f), cr. (6), renum. (6e), (6m), (6s), (7m) from NR 102.06 (2) (fm), (g), (i), (j) and am. (6m), (6s) Register September 2022 No. 801, eff. 10-1-22; correction in (1q) made under s. 13.92 (4) (b) 7., Stats., Register September 2022 No. 801, eff. 10/1/2022