Section 102.05. Application of standards.

 

(1)   Antidegradation.

(a) No waters of the state shall be lowered in quality unless it has been affirmatively demonstrated to the department that such a change is justified as a result of necessary economic and social development, provided that no new or increased effluent interferes with or becomes injurious to any assigned uses made of or presently possible in such waters.

(b) Classification system. For the purposes of this subsection, all surface waters of the state, or portions thereof, shall be classified as one of the following:

1. Outstanding resource waters as listed in s. NR 102.10 ,

2. Exceptional resource waters as listed in s. NR 102.11 ,

3. Great Lakes system waters as listed in s. NR 102.12 (1) ,

4. Fish and aquatic life waters as described in s. NR 102.13 , or

5. Waters listed in tables 3 through 8 in ss. NR 104.05 to 104.10 .

(2)   Streamflow. Water quality standards will not be maintained under all natural occurrences of flow, temperature, or other water quality characteristics. The determination of water quality based effluent limitations or other management practices shall be based upon the following conditions except as provided in ch. NR 106 for toxic and organoleptic substances and whole effluent toxicity:

(a) The average minimum 7-day low streamflow which occurs once in 10 years (7-day Q 10 ); or,

(b) In the case of dissolved oxygen and wherever sufficient data on streamflow and temperature are available, by application of a 0.274% level of nonattainment. This is equivalent to an expected nonattainment of the dissolved oxygen criterion of one day per year.

(3)   Mixing zones. Water quality standards shall be met at every point outside of a mixing zone. The size of the mixing zone shall be based on such factors as effluent quality and quantity, available dilution, temperature, current, type of outfall, channel configuration and restrictions to fish movement. For toxic and organoleptic substances with water quality criteria or secondary values specified in or developed pursuant to chs. NR 102 and 105 , allowable dilution shall be determined as specified in ch. NR 106 in addition to the requirements specified in this subsection. As a guide to the delineation of a mixing zone, the following shall be taken into consideration:

(a) Limiting mixing zones to as small an area as practicable, and conforming to the time exposure responses of aquatic life.

(b) Providing passageways for fish and other mobile aquatic organisms.

(c) Where possible, mixing zones being no larger than 25% of the cross–sectional area or volume of flow of a flowing water body and not extending more than 50% of the width.

(d) Final acute criteria and secondary values specified in or developed pursuant to s. NR 105.05 for the fish and aquatic life subcategory for which the receiving water is classified not being exceeded at any point in the mixing zone.

(e) Mixing zones not exceeding 10% of an inland lake's total surface area.

(f) Mixing zones not adversely impacting spawning or nursery areas, migratory routes, nor mouths of tributary streams.

(g) Mixing zones not overlapping, but where they do, taking measures to prevent adverse synergistic effects.

(h) Restricting the pH to values greater than 4.0 s.u. and to values less than 11.0 s.u. at any point in the mixing zone for the protection of indigenous fish and fish food organisms.

(5)   Resource management exemptions. Application of chemicals for water resource management purposes in accordance with statutory provisions is not subject to the requirements of the standards except in case of water used for public water supply.

(6)   Analytical procedures.

(a) The criteria in the Radiation Protection Code, s. DHS 157.44 , shall apply to the disposal and permissible concentrations of radioactive substances.

(b) Methods used for analysis of samples shall be as set forth in ch. NR 219 unless alternative methods are specified by the department.

History: Cr. Register, September, 1973, No. 213 , eff. 10-1-73; renum. (5) and (6) to be (6) and (7), cr. (5), Register, July, 1975, No. 235 , eff. 8-1-75; r. and recr. (3), Register, August, 1981, No. 308 , eff. 9-1-81; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., cr. (4) (h), Register, September, 1984, No. 345 , eff. 10-1-84; renum. from NR 102.03, r. (1), cr. (1) (b), renum. (2) to (7) to be (1) (a) to (6) and am. (2), (3) (intro.) and (d) and (6), Register, February, 1989, No. 398 , eff. 3-1-89; am. (1) (b) 3., (3) (intro.) and (d), Register, August, 1997, No. 500 , eff. 9-1-97; correction in (6) (a) made under s. 13.93 (2m) (b) 7., Stats. Register July 2006 No. 607 , eff. 8-1-06; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655 ; CR 07-111 : am. (3) (intro.), (b), (c), (e) and (f), r. (4) Register September 2010 No. 657 , eff. 10-1-10. History: Cr. Register, July, 1975, No. 235 , eff. 8-1-75; am. Register, October, 1986, No. 370 , eff. 11-1-86; renum. from NR 102.04, Register, February, 1989, No. 398 , eff. 3-1-89; am. Register, November, 1992, No. 443 , eff. 12-1-92.