Section NR 217.18 - Watershed adaptive management option(1) GENERAL. The adaptive management option is a strategy to achieve the phosphorus water quality criteria in s. NR 102.06 in the most economically efficient manner, and as soon as possible, taking into consideration the contributions of phosphorus from point and nonpoint sources in a watershed.(2) APPLICATION. If requested by the permittee in the permit application for reissuance and if approved by the department, the permittee may implement a watershed adaptive management approach under this section as a means to achieve compliance with the phosphorus water quality standards in s. NR 102.06. The department may approve and authorize the adaptive management option in this section only if the permittee demonstrates and the department concurs that all of the following conditions are met: (a) The exceedance of the applicable phosphorus criterion in s. NR 102.06 is caused by phosphorus contributions from both point sources and nonpoint sources.(b) Either the sum of the nonpoint sources and the permitted municipal separate storm sewer system contribution of phosphorus to the receiving water is at least 50 percent of a total contribution within the watershed of the receiving water where the applicable phosphorus criterion in s. NR 102.06 is exceeded; or the permittee demonstrates that the applicable phosphorus criterion cannot be met in the watershed without the control of phosphorus from nonpoint sources.(c) Documentation that the proposed water quality based effluent limit in the applicant's permit will require filtration or other equivalent treatment technology to achieve compliance.(d) The permittee has submitted an adaptive management plan that identifies specific actions to be implemented that will achieve compliance with the applicable phosphorus criterion in s. NR 102.06 through verifiable reductions of phosphorus from point and nonpoint sources in the watershed. At a minimum, the plan shall include the following: 1. An analysis of the levels of phosphorus in the permittee's effluent and significant sources of point and nonpoint phosphorus loadings in the watershed.2. Goals and measures for determining whether the actions identified in the plan are effective in achieving compliance with the applicable phosphorus criterion in s. NR 102.06.3. Identification of any anticipated partners that will assist in implementing the phosphorus reductions to achieve compliance with the applicable phosphorus criterion in s. NR 102.06, including the partner's level of support for the plan.4. A demonstration that the permittee has the ability to fund and implement the plan either individually, or in conjunction with other permittees and nonpoint sources, or other partners, including municipal and county governments, in the watershed. Plans should include any contracts reflecting commitments by partners to implement applicable actions.(3) PERMIT TERMS AND CONDITIONS. If the department determines that the permittee has provided all necessary information and the conditions in sub. (2) have been met, it may issue a permit that includes watershed adaptive management actions to achieve compliance with the applicable phosphorus criterion in s. NR 102.06 on a schedule approved by the department. At a minimum, the permit shall include the following: (a) Monitoring in the receiving water at locations and times established in the permit to assess phosphorus loading and to document progress toward achieving the applicable phosphorus criterion in s. NR 102.06. The department shall also require permittees to monitor, record and report the mass and concentration of phosphorus in the effluent at an appropriate frequency specified by the department in the permit.(b) Requirements to design and implement the actions identified in the permittee's approved adaptive management plan in accordance with the goals and measures identified in the plan and any compliance schedule included in the permit.(c) Requirements to optimize the permittee's treatment system to control phosphorus.(d) Reporting procedures and deadlines for all monitoring, assessment and data gathering requirements in the plan. Permittees shall be required to file and the department will review an annual report that identifies implementation of actions in the plan that were completed the previous year, and that documents any progress in achieving the goals and measures in the adaptive management plan. Adjustment or corrections, to the extent that they are needed, will be incorporated into the permit via permit modification procedures.(e) Numerical effluent limitations as follows:1. All permits issued under the adaptive management option in this section shall include water quality based effluent limitations calculated consistent with the federal water pollution control act, 33 USC 1251 to 1387, that are established according to s. NR 217.13 or a US EPA approved TMDL. These limitations shall take effect in accordance with the timeframe established in this paragraph, or pursuant to par. (g) if the adaptive management option is terminated.2. In the first permit reissuance term following approval by the department under sub. (2), the initial interim effluent limitation shall be no higher than 0.6 mg/L of total phosphorus expressed as a six-month average. An effluent limit not to exceed 1.0 mg/L of total phosphorus expressed as a monthly average shall also be included in the permit. The department may allow the permittee a compliance schedule that may not exceed five years if necessary to meet this interim limitation.3. If the permittee has met all of the requirements of its previous permit, but the monitoring data of the receiving water indicate that the applicable phosphorus water quality criterion in s. NR 102.06 has not been met by the time the first permit issued under the adaptive management option expires, the department may issue a subsequent adaptive management permit. The subsequent permit shall include an interim effluent limitation of no higher than 0.5 mg/L expressed as a six-month average. An effluent limit not to exceed 1.0 mg/L of total phosphorus expressed as a monthly average shall also be included in the permit. The subsequent permit shall also include an updated adaptive management plan to achieve the phosphorus water quality criterion in s. NR 102.06. The department may allow the permittee a compliance schedule that may not exceed five years if necessary to meet this interim limitation.4. If by the expiration of the second permit issued under the adaptive management option, monitoring data collected for the receiving water indicate that the applicable phosphorus criterion under s. NR 102.06 has not been met, the department shall require compliance with a water quality based effluent limitation for phosphorus calculated under s. NR 217.13 or a US EPA approved TMDL. The department may allow the permittee a compliance schedule that may not exceed five years if necessary to meet this limitation.(f) A statement that failure to implement any of the terms or conditions established under pars. (a) through (e) above, is a violation of the permit. (g) Provisions that the department may terminate the adaptive management option for a permittee and require compliance with a phosphorus effluent limitation calculated under s. NR 217.13 or a US EPA approved TMDL based on any of the following reasons:1. Failure to implement the adaptive management actions in accordance with the approved adaptive management plan and compliance schedule established in the permit.2. New information becomes available that changes the department's determinations made under sub. (2).3. Circumstances beyond the permittee's control have made compliance with the applicable phosphorus criterion in s. NR 102.06 pursuant to the plan's goals and measures infeasible.4. A determination by the department that sufficient reductions have not been achieved to timely reduce the amount total phosphorus to meet the criteria in s. NR 102.06.Wis. Admin. Code Department of Natural Resources § NR 217.18
CR 10-035: cr. Register November 2010 No. 659, eff. 12-1-10.