Wis. Admin. Code Department of Natural Resources NR 104.06

Current through October 28, 2024
Section NR 104.06 - Variances and additions applicable in the southeast district

Subject to the provisions of s. NR 104.04, intrastate surface waters in the southeast district counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows.

(1) VARIANCE. Surface waters in the southeast district subject to a variance under s. NR 104.02(3) are listed in table 4.
(2) OTHER VARIANCES.
(a) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time:
1. Underwood creek in Milwaukee and Waukesha counties below Juneau boulevard.
2. Barnes creek in Kenosha county.
3. Pike creek, a tributary of Pike river, in Kenosha county.
4. Pike river in Racine county.
5. Indian creek in Milwaukee county.
6. Honey creek in Milwaukee county.
7. Menomonee river in Milwaukee county below the confluence with Honey creek.
8. Kinnickinnic river in Milwaukee county.
9. Lincoln creek in Milwaukee county.
(b) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen may not be lowered to less than 2 mg/L at any time nor may the ambient water temperature exceed 89°F at any time at the edge of the mixing zones established by the department under s. NR 102.05(3):
1. Milwaukee river in Milwaukee county downstream from the North Avenue dam.
2. South Menomonee canal and Burnham canal in Milwaukee county.

TABLE 4

SOUTHEAST DISTRICT

Surface Water (Facility Affected)

Reach Description

Hydrologic Classification

Applicable Criteria (1)

Effluent Limitations (2)

1. Tributary - Onion River (Belgium)

From Belgium to the Onion River

Noncontinuous

II

B

2. Tributary - Des Plaines River (Bristol)

Tributary from Bristol to the Des Plaines River

Noncontinuous

II

Effluent limitations to be determined

3. Tributary - Darien Creek -

Darien Creek tributary from the origin to Darien Creek

Effluent ditch

II

B

Little Turtle Creek (Darien)

Darien Creek from its origin to Little Turtle Creek

Continuous

I

NA

Little Turtle Creek from its origin to Turtle Creek

Continuous

I

NA

4. Eagle Creek

From Eagle Lake to CTH "J"

Noncontinuous

II

B

(Eagle Lake San. Dist.)

From CTH "J" to the Fox River

Noncontinuous

I

NA

5. East Branch Root

Upstream from STH "20"

Noncontinuous

II

B

River Canal (Fonk Mobile Home Park #1)

From STH "20" downstream to the West Branch Root River Canal

Noncontinuous

I

NA

6. Tributary - Des Plaines

River (Fonk Mobile Home-Park #2 and Union Grove Ind.)

From Fonks tributary downstream to the Union Grove Industrial tributary

Noncontinuous

II

Effluent limitations to be determined

The Union Grove Industrial tributary to the juncture of Fonks tributary

Effluent ditch

II

The Union Grove tributary below Fonks Trib.

Noncontinuous

I

NA

7. Hales Corners Tributary (Hales Corners)

Upstream from the Hales Corners STP (except for Upper Kelly Lake)

Noncontinuous

II

NA

From Hales Corners STP downstream to Whitehall Park Pond

Noncontinuous

I

A

8. Dover Ditch - Goose Lake Branch Canal (Holy Redeemer College)

Dover Ditch upstream from Dover Line Road

Noncontinuous

II

B

9. Tributary-Muskego Lake (Muskego)

From the Muskego STP downstream to wetland near Muskego Lake

Effluent ditch

II

Effluent limitations to be determined

Drainage from above location to Muskego Lake

Wetland

II

10. Tess Corners Creek (Muskego NE District)

Upstream from STH "45"

Noncontinuous

I

A

From STH "45" downstream to Whitnall Park Pond

Continuous

I

NA

11. Poplar Creek (New Berlin High School &

From the treatment plant outfalls downstream to the Chicago & Northwestern railroad bridge

Noncontinuous

II

B

Cleveland Heights School)

From the railroad bridge downstream to the confluence of The Fox River

Continuous

I

NA

12. Drainage and Tributary -Root River

From the New Berlin Memorial Hospital STP to Root River tributary

Diffuse Surface Waters

II

B

(New Berlin Memorial Hospital)

Tributary to the Root River downstream from New Berlin Memorial Hospital STP

Noncontinuous

II

NA

13. Deer Creek (New Berlin-Regal Manor)

Deer Creek from its origin to Poplar Creek

Noncontinuous

II

B

14. Tributary - Lake Michigan (North Park)

Tributary from its origin to Lake Michigan

Noncontinuous

I

A

15. Drainage - Tributary -

Drainage at Paddock Lake STP and near Brighton Creek

Wetland

II

B

Brighton Creek (Paddock Lake)

Tributary between above wetlands areas

Noncontinuous

II

NA

16. Drainage - Mud Lake (Paramski Mobile Home Park)

From the Mobile Home STP to Mud Lake

Wetland

II

B

17. Tributary - Lake Michigan (Pleasant Park San. Dist.)

From the Pleasant Park STP to the Illinois State line

Noncontinuous

II

B

18. Pleasant Prairie Tributary (Pleasant Prairie Util. District D)

Pleasant Prairie Tributary from its origin to the Des Plaines River

Noncontinuous

II

Effluent limitations to be determined

19. Tributary - Des Plaines (Pleasant Prairie S.D. #73-1)

From its origin to the Illinois State line

Noncontinuous

II

B

20. Tributary and Hoods Creek

Tributary up from Hoods Creek towards Ives Grove

Noncontinuous

II

B

(Racine County Hwy. & Park Comm.)

Hoods Creek from STH "20" downstream to confluence with Root River

Noncontinuous

I

NA

21. Tributary - Root River (Rawson Homes Sanitary Trust)

From the Rawson Homes STP to the Root River

Noncontinuous

II

B

22. Salem Branch (Salem Utility District 1)

Salem Branch from Salem Utility District 1 STP down stream to 216th Avenue.

Noncontinuous

I

A

23. Little Turtle River (Sharon)

Little Turtle River from Sharon STP downstream to Rock- Walworth County line

Noncontinuous

II

B

24. Drainage - Kenosha

County (Sienadale Mother-house)

From the Sienadale STP downstream to an intermittent stream

Effluent ditch

II

Effluent limitations to be determined

Intermittent stream in Secs. 13, 14,23, T1N, R22E

Noncontinuous

II

25. Tributary-Rubicon River (Slinger)

Rubicon River from origin downstream to easterly tributary confluence in NW1/4, NE1/4, Section 13, T10N, R18E

Noncontinuous

II

Effluent limitations to be determined

Easterly tributary which flows into the Rubicon River at above location.

Wetland

II

Rubicon River from above location downstream to confluence with Slinger tributary

Noncontinuous

I

Effluent limitations to be determined

Tributary of the Rubicon River from the Slinger STP downstream to the wetland adjacent to Slinger Road.

Effluent ditch

II

Effluent limitations to be determined

Wetland adjacent to Slinger Road downstream from Slinger STP

Wetland

II

Tributary from above location downstream to Rubicon River

Noncontinuous

II

26. Tributary - South Branch Pike River

Tributary from its origin to South Branch Pike

Noncontinuous

II

Effluent limitations to be determined

River (Somers Util Dist. 1)

South Branch Pike River from Somers Tributary to Pike River

Continuous

I

27. Tributary - Pike River (St. Bonaventure School)

Tributary from St. Bonaventure School STP downstream to Sturtevant tributary

Noncontinuous

II

Effluent limitations to be determined

28. Wayne Creek (St. Killian Cheese Factory)

Wayne Creek from its origin to the Kohlsville River

Noncontinuous

I

A

29. Tributary - Pike River (Sturtevant)

Tributary from Sturtevant STP downstream to first railroad crossing at S.C. Johnson Co.

Effluent ditch

II

NA

Tributary from above location downstream to confluence with Pike River

Continuous

I

A

30. West Branch Root River Canal (Union Grove)

West Branch Root River Canal from 67th Drive downstream to CTH "C"

Noncontinuous

II

NA

West Branch Root River Canal from above location downstream to STH "20."

Noncontinuous

I

A

31. Tributary - Des Plaines

River (Wis. DOT Kenosha Rest Area 26)

From the Information Center STP to the Des Plaines River

Noncontinuous

II

B

Wis. Admin. Code Department of Natural Resources NR 104.06

Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. Table 4, Register, December, 1977, No. 264, eff. 1-1-78; reprinted to correct error in table 4, line 11, Register, August, 1982, No. 320; am. (2) (b), Register, February, 1989, No. 398, eff. 3-1-89.
Amended by, correction in (2) (a) (intro.), (b) (intro.) made under s. 35.17, Stats., Register April 2020 No. 772, eff. 5/1/2020