Section NR 106.74 - Determination of alternative effluent limitations for temperature(1) NEW DISCHARGES. Alternative effluent limitations for temperature may be established by the department for a new discharge if the permittee demonstrates that the discharge, considering the cumulative impact of the thermal discharge together with all other significant impacts on the species affected will assure the protection and propagation of representative, important species and will, in turn, assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and aquatic life in and on the body of receiving water.(2) EXISTING DISCHARGES. Alternative effluent limitations for temperature may be established by the department for an existing discharge if the permittee has demonstrated either of the following: (a) No appreciable harm has resulted from the thermal component of the discharge, taking into account the interaction of the component with other pollutants and the additive effect of other thermal discharges, to the representative, important species and a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water receiving the discharge.(b) That despite the occurrence of previous appreciable harm, alternative effluent limitations for temperature will assure the protection and propagation of the representative, important species and a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into receiving the discharge, taking into account the interaction of the thermal component with other pollutants and the additive effect of other thermal discharges.(3) APPRECIABLE HARM. In determining whether appreciable harm has occurred the department shall consider any relevant biological, engineering or other data demonstrating that effluent limitations for temperature calculated using the procedures specified in subch. V are more stringent than necessary to assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and wildlife in and on the body of water receiving the discharge.(4) EXISTING VARIANCE WATER LIMITATIONS. Alternative effluent limitations for temperature determined under this subchapter shall supersede any temperature limitations listed in s. NR 104.06(2) (b).(5) ZEBRA MUSSEL CONTROL. Alternative effluent limitations for temperature determined under this subchapter shall be met, except for short-term excursions for zebra or other mussel control, as approved by the department and authorized in a permit on a case-by-case basis.Wis. Admin. Code Department of Natural Resources § NR 106.74
CR 07-111: cr. Register September 2010 No. 657, eff. 10-1-10.