Section 102.04. Categories of surface water uses and criteria.

 

(1)   General. To preserve and enhance the quality of waters, surface water uses and criteria are established to govern water management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land development or other activities shall be controlled so that all surface waters including the mixing zone meet the following conditions at all times and under all flow and water level conditions:

(a) Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be present in such amounts as to interfere with public rights in waters of the state.

(b) Floating or submerged debris, oil, scum or other material shall not be present in such amounts as to interfere with public rights in waters of the state.

(c) Materials producing color, odor, taste or unsightliness shall not be present in such amounts as to interfere with public rights in waters of the state.

(d) Substances in concentrations or combinations which are toxic or harmful to humans shall not be present in amounts found to be of public health significance, nor shall substances be present in amounts which are acutely harmful to animal, plant or aquatic life.

(2)   Revised uses and criteria. The following uses and criteria may be revised as new information or advancing technology indicate that revisions are in the public interest. Water used for hydropower and commercial shipping depends mainly on quantity, depth and elevation; consequently, no specific quality criteria for these uses have been prepared.

(3)   Fish and other aquatic life uses. All surface waters shall belong in one of the fish and other aquatic life subcategories described in this subsection. Only those use subcategories identified in pars. (a) to (c) shall be considered suitable for the protection and propagation of a balanced fish and other aquatic life community as provided in the federal water pollution control act amendments of 1972, P.L. 92-500 ; 33 USC 1251 et seq.

(a) Cold water communities. This subcategory includes surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for cold water fish species. This subcategory includes, but is not restricted to, surface waters identified as trout water by the department of natural resources (Wisconsin Trout Streams, publication 6-3600 (80)).

(b) Warm water sport fish communities. This subcategory includes surface waters capable of supporting a community of warm water sport fish or serving as a spawning area for warm water sport fish.

(c) Warm water forage fish communities. This subcategory includes surface waters capable of supporting an abundant diverse community of forage fish and other aquatic life.

(d) Limited forage fish communities. (Intermediate surface waters). This subcategory includes surface waters of limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of forage fish and other aquatic life.

(e) Limited aquatic life. (Marginal surface waters). This subcategory includes surface waters of severely limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of aquatic life.

(4)   Criteria for fish and aquatic life. Except for natural conditions, all waters classified for fish and aquatic life shall meet the following criteria:

(a) Dissolved oxygen. Except as provided in par. (b) and s. NR 104.02 (3) , the dissolved oxygen content in surface waters may not be lowered to less than 5 mg/L at any time.

(b) Dissolved oxygen for cold waters. Water bodies classified as trout waters by the department (Wisconsin Trout Streams, publication 6-3600 (80)) or as great lakes or cold water communities may not be altered from natural background dissolved oxygen levels to such an extent that trout populations are adversely affected. Additionally, all of the following conditions shall be met:

1. Dissolved oxygen in classified trout streams shall not be artificially lowered to less than 6.0 mg/L at any time, nor shall the dissolved oxygen be lowered to less 7.0 mg/L during the spawning season.

2. The dissolved oxygen in great lakes tributaries used by stocked salmonids for spawning runs shall not be lowered below natural background during the period of habitation.

(c) pH. The pH shall be within the range of 6.0 to 9.0, with no change greater than 0.5 units outside the estimated natural seasonal maximum and minimum.

(d) Other substances. Unauthorized concentrations of substances are not permitted that alone or in combination with other materials present are toxic to fish or other aquatic life. Surface waters shall meet the acute and chronic criteria as set forth in or developed pursuant to ss. NR 105.05 and 105.06 . Surface waters shall meet the criteria which correspond to the appropriate fish and aquatic life subcategory for the surface water, except as provided in s. NR 104.02 (3) .

(e) Temperature. Water quality criteria for temperature shall be determined and applied pursuant to subch. II . Heated effluent shall not cause lethality, inside or outside of the mixing zone, to animal, plant or other aquatic life.

(5)   Recreational use.

(a) General . All surface waters shall be suitable for supporting recreational use and shall meet the criteria specified in sub. (6) . A sanitary survey or evaluation, or both to assure protection from fecal contamination is the chief criterion for determining the suitability of a water for recreational use.

(b) Exceptions . Whenever the department determines, in accordance with the procedures specified in s. NR 210.06 (3) , that wastewater disinfection is not required to protect recreational uses, the criteria specified in par. (a) and in chs. NR 103 and 104 do not apply.

(6)   Criteria for recreational use . As bacteriological guidelines, the membrane filter fecal coliform count may not exceed 200 colonies per 100 ml as a geometric mean and may not exceed 400 colonies per 100 ml in more than 10% of all samples during any month. Samples shall be required at least 5 times per month.

(7)   Public health and welfare use.

(a) General. All surface waters shall be suitable for supporting public health and welfare.

(b) Exceptions. Whenever the department determines a discharge of heated effluent is not exposed or situated in a manner that may pose a realistic potential for scalding of humans, the criterion specified in sub. (8) (c) does not apply.

(8)   Criteria for public health and welfare use.

(a) General. The criteria developed pursuant to ss. NR 105.08 and 105.09 shall be met regardless of whether the surface water is used for public drinking water supply or the applicable fish and aquatic life subcategory.

(b) Taste and odor criteria . All surface waters providing public drinking water supplies or classified as cold water or warm water sport fish communities as described in sub. (3) shall meet the taste and odor criteria specified or developed pursuant to s. NR 102.14 .

(c) Temperature criteria . To protect humans from being scalded, the water temperature of a discharge may not exceed 120 o F unless specifically authorized under provisions in subchs. V or VI of ch. NR 106 .

(9)   Wildlife use and criteria .

(a) Use . All surface waters shall be suitable for supporting wildlife.

(b) Criteria. The criteria specified in or developed pursuant to s. NR 105.07 shall be met.

History: Cr. Register, September, 1973, No. 213 , eff. 10-1-73; am. (3), Register, December, 1977, No. 264 , eff. 1-1-78; renum. from NR 102.02, r. (3) (d) 1. to 3., and (5), renum. (3) (intro.) to (d) (intro.) and (e) and (4) to be (4) (intro.) to (e) and (5) and am. (4) (a), (d), (e) (intro.) and (5), cr. (6) and (7), Register, February, 1989, No. 398 , eff. 3-1-89; am. (3) (intro.), (6), (7), r. (3) (a), renum. (3) (b) to (f) to be (3) (a) to (e) and am. (3) (a), Register, August, 1997, No. 500 , eff. 9-1-97; CR 07-111 : am. (title), (1) (intro.), (2), (3) (intro.), (4) (title) and (a), r. (4) (b), (e) 1. and (5) to (7), renum. (4) (e) (intro.), 2. and 3. to be (4) (b) and am. (4) (b) (intro.), cr. (4) (e) and (5) to (9) Register September 2010 No. 657 , eff. 10-1-10; correction in (8) (c) made under s. 13.92 (4) (b) 7. , Stats., Register September 2010 No. 657 .