Wis. Admin. Code Department of Natural Resources NR 102.27

Current through September 30, 2024
Section NR 102.27 - Site-specific water quality criteria
(1) GENERAL. A water quality criterion developed pursuant to this subchapter may be modified by the department for a particular surface water segment or waterbody. The site-specific water quality criterion shall only be applicable to the identified surface water segment or body. The development of a site-specific water quality criterion shall include all of the following:
(a) Information showing data used to derive the water quality criterion do not apply to the specific water segment or body.
(b) Consideration of the guidance provided in Chapter 3.7 of the Water Quality Standards Handbook, Second Edition, U.S. EPA, 8/15/1994.
(c) Information showing the site-specific water quality criterion is consistent with the guidelines provided in sub. (2).
(d) Any additional information necessary to derive site-specific water quality criterion.

Note: Site-specific water quality criteria are subject to U.S. Environmental Protection Agency approval under federal regulations.

(2) SITE-SPECIFIC WATER QUALITY CRITERIA DEVELOPMENT.
(a) The department may promulgate site-specific water quality criteria for temperature when it determines that the data used to derive the water quality criteria published in this subchapter do not apply to the specific water segment or body in question. In making the determination, the same approach used to develop the water quality criteria in s. NR 102.25 may be used to develop site-specific water quality criteria by recalculating the water quality criteria based upon the actual species that are associated with the specific site.
(b) Alternative methods for developing site-specific water quality criteria may be used if it is determined that those alternative methods will protect against sub-lethal and acute impacts in the fish and aquatic life community of a specific site.
(c) A water quality criterion developed via alternative methods shall be reviewed by the department and shall be adopted as a rule under this chapter before it can be applied on a site-specific basis.
(3) Any water quality criterion modified for site-specific conditions shall be promulgated by the department and approved by the U.S. Environmental Protection Agency before it is applied on a site-specific basis.

Wis. Admin. Code Department of Natural Resources NR 102.27

CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.