Section NR 106.89 - Alternative whole effluent toxicity monitoring and limitations for dischargers of chloride(1) GENERAL. In addition to interim, target, and calculated water quality-based effluent limitations and target values for chloride, the department may establish whole effluent toxicity testing requirements and limitations under ss. NR 106.08 and 106.09.(2) FINDINGS. The department finds all of the following:(a) Acute whole effluent toxicity limitations cannot be attained if the effluent concentration of chloride exceeds 2,500 mg/L.(b) Chronic whole effluent toxicity limitations cannot be attained if the effluent concentration of chloride exceeds 2 times the calculated chronic water quality-based effluent limitation.(c) If chloride is the sole source of acute or chronic whole effluent toxicity it is appropriate that chloride limitations be used instead of WET limitations to attain and maintain narrative criteria in s. NR 102.04(1) (d) and (4) (d).(3) CHLORIDE LIMITS IN LIEU OF ACUTE WET LIMITS. Chloride limitations shall be included in the permit in lieu of acute whole effluent toxicity testing requirements and acute whole effluent toxicity limitations until source reduction actions are completed if any of the following apply:(a) The permittee can demonstrate to the satisfaction of the department that the effluent concentration of chloride exceeds 2,500 mg/L.(b) The permittee can demonstrate to the satisfaction of the department that the effluent concentration of chloride is less than 2,500 mg/L, but in excess of the calculated acute water quality-based effluent limitation, and additional data are submitted that demonstrate that chloride is the sole source of acute toxicity.(4) CHLORIDE LIMITS IN LIEU OF CHRONIC WET LIMITS. Chloride limitations shall be included in the permit in lieu of chronic whole effluent toxicity testing requirements and chronic whole effluent toxicity limitations until source reduction actions are completed if either of the following applies:(a) The permittee can demonstrate to the satisfaction of the department that the effluent concentration of chloride exceeds 2 times the calculated chronic water quality-based effluent limitation.(b) The permittee can demonstrate to the satisfaction of the department that the effluent concentration of chloride is less than 2 times the calculated chronic water quality-based effluent limitation, but in excess of the calculated chronic water quality-based effluent limitation, and additional data are submitted which demonstrate that chloride is the sole source of chronic toxicity.(5) DECISION DOCUMENTATION. The department shall specify the decision to include chloride limitations instead of whole effluent toxicity limitations in the permit fact sheet.(6) REEVALUATION. The department shall reevaluate the need for whole effluent toxicity and chloride monitoring or limitations upon permit reissuance.Wis. Admin. Code Department of Natural Resources § NR 106.89
Cr. Register, January, 2000, No. 529, eff. 2-1-00.Amended by, CR 15-085: r. and recr. Register August 2016 No. 728, eff. 9-1-16; correction in (2) (c) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9/1/2016