Section 105.04. Determination of adverse effects.

 

(1)  Substances may not be present in surface waters at concentrations which adversely affect public health or welfare, present or prospective uses of surface waters for public or private water supplies, or the protection or propagation of fish or other aquatic life or wild or domestic animal life.

(2)  A substance shall be deemed to have adverse effects on fish or other aquatic life if it exceeds any of the following more than once every 3 years:

(a) The acute toxicity criterion as specified in s. NR 105.05 , or

(b) The chronic toxicity criterion as specified in s. NR 105.06 .

(c) The acute and chronic toxicity criteria for ammonia nitrogen shall be determined on a case-by-case basis by the department for the appropriate aquatic life use category.

(3)  A substance shall be deemed to have adverse effects on wildlife if it exceeds the wildlife criterion as specified in s. NR 105.07 .

(4)  A substance shall be deemed to have adverse effects on public health and welfare if it exceeds any of the following:

(a) The human threshold criterion as specified in s. NR 105.08 ; or

(b) The human cancer criterion as specified in s. NR 105.09 ; or

(c) The taste and odor criterion as specified in s. NR 102.14 .

(5)  A substance shall be deemed to have adverse effects or the reasonable potential to have adverse effects on aquatic life, wildlife or human health, if it exceeds a secondary value determined according to the procedures in ss. NR 105.05 to 105.08 .

(6)  The determination of the criteria or secondary values for substances as calculated under ss. NR 105.05 to 105.09 shall be based upon the available scientific data base. References to be used in obtaining scientific data may include, but are not limited to:

(a) "Water Quality Criteria 1972", EPA-R3-73-033, National Academy of Sciences, National Academy of Engineering, United States Government Printing Office, Washington, D.C., 1974.

(b) "Quality Criteria for Water", EPA-440/9-76-003, United States Environmental Protection Agency, Washington, D.C., 1976.

(c) October 1980 and January 1985 U.S. Environmental Protection Agency (EPA) ambient water quality criteria documents.

(d) "Public Health Related Groundwater Standards: Summary of Scientific Support Documentation for NR 140.10", Wisconsin Department of Health and Social Services, Division of Health, September 1985.

(e) "Public Health Related Groundwater Standards - 1986: Summary of Scientific Support Documentation for NR 140.10", Wisconsin Department of Health and Social Services, Division of Health, June 1986.

(f) Health advisories published on March 31, 1987 by EPA, Office of Drinking Water.

(g) Any other reports, documents or information published by EPA or any other federal agency.

(h) Any other reports, documents or information that the department, deems to be reliable.

(7)  When reviewing any of the references in sub. (6) to determine the effect of a substance, the department:

(a) Shall use scientific studies on the toxicity of a substance to fish and other aquatic life and wild and domestic animals, indigenous to the state;

(b) May use scientific studies on the toxicity of a substance to fish or other aquatic life, plant, mammalian, avian, and reptilian species not indigenous to the state; and

(c) May consider biomonitoring information to determine the aquatic life toxicity of complex mixtures of toxic substances in addition to the chemical specific criteria specified in this chapter.

Cr. Register, February, 1989, No. 398 , eff. 3-1-89; am. (3), renum. (5) and (6) to be (7) and am. (6) (intro.) and (7) (intro.), cr. (5), Register, August, 1997, No. 500 , eff. 9-1-97.