Section 104.06. Variances and additions applicable in the southeast district.

  Subject to the provisions of s. NR 104.04 , intrastate surface waters in the southeast district counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows.

(1)   Variance. Surface waters in the southeast district subject to a variance under s. NR 104.02 (3) are listed in table 4.

(2)   Other variances.

(a) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time, nor shall the membrane filter fecal coliform count exceed 1,000 per 100 ml as a monthly geometric mean based on not less than 5 samples per month nor exceed 2,000 per 100 ml in more than 10% of all samples during any month:

1. Underwood creek in Milwaukee and Waukesha counties below Juneau boulevard.

2. Barnes creek in Kenosha county.

3. Pike creek, a tributary of Pike river, in Kenosha county.

4. Pike river in Racine county.

5. Indian creek in Milwaukee county.

6. Honey creek in Milwaukee county.

7. Menomonee river in Milwaukee county below the confluence with Honey creek.

8. Kinnickinnic river in Milwaukee county.

9. Lincoln creek in Milwaukee county.

(b) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen may not be lowered to less than 2 mg/L at any time, nor may the membrane filter fecal coliform count exceed 1,000 per 100 mL as a monthly geometric mean based on not less than 5 samples per month nor exceed 89ºF at any time at the edge of the mixing zones established by the department under s. NR 102.05 (3) :

1. Milwaukee river in Milwaukee county downstream from the North Avenue dam.

2. South Menomonee canal and Burnham canal in Milwaukee county. - See PDF for table - See PDF for table

History: Cr. Register, September, 1976, No. 249 , eff. 10-1-76; am. Table 4, Register, December, 1977, No. 264 , eff. 1-1-78; reprinted to correct error in table 4, line 11, Register, August, 1982, No. 320 ; am. (2) (b), Register, February, 1989, No. 398 , eff. 3-1-89.