Section 106.10. Noncontact cooling water additives.

  The department shall establish water quality based effluent limitations for toxic and organoleptic substances in noncontact cooling water discharges as follows:

(1)  For toxic and organoleptic substances commonly added by suppliers of drinking water systems and present in the noncontact cooling water, a water quality based effluent limitation calculated under s. NR 106.06 that is based on the applicable water quality criterion or secondary value shall be included in the permit unless the permittee demonstrates at least one of the following:

(a) The concentration of the substance in the intake water is dissipated within the system that supplies the intake water to the permittee and is consistently less than the water quality based effluent limitation.

(b) An effluent limitation is not necessary as determined using the reasonable potential procedures in s. NR 106.05 .

(c) Prior to reaching the receiving water, the substance dissipates or is removed to a level that is below the water quality based effluent limitation.

(2)  For other toxic and organoleptic substances intentionally added to noncontact cooling water by the permittee, the department shall follow the procedures specified in ss. NR 106.05 and 106.06 to calculate a water quality based effluent limitation and determine whether the limitation is necessary in the permit. If there is no water quality criterion for an additive and there are potential water quality impacts from the additive, the department shall establish a secondary value for the additive in accordance with ch. NR 105 and calculate a limitation based on that value. All of the following requirements apply to the use and discharge of additives:

(a) A permittee shall obtain written approval from the department prior to use of the additive.

(b) A permittee shall provide the department with dosage information and safety data sheets and toxicological data, as requested by the department to meet minimum data requirements specified in ss. NR 105.05 (4) and 105.06 (6) for each additive for which approval is sought.

(c) Prior to increasing the usage of an additive in amounts greater than authorized by the department, a permittee shall get written approval from the department for the increased usage.

(d) After reissuance, if a permittee wants to use a new additive not previously approved by the department, the permittee shall get written approval from the department prior to use of the additive.

(e) A permittee may only use additives in accordance with the conditions of the department approval and any applicable permit terms. If the department does not approve use of the additive, the additive may not be discharged.

Cr. Register, February, 1989, No. 398 , eff. 3-1-89; am. (1) (a), (b) and (2), cr. (1) (d), August, 1997, No. 500, eff. 9-1-97; CR 03-050 : am. (1) (intro.) Register February 2004 No. 578 , eff. 3-1-04; CR 15-084 : r. and recr. Register August 2016 No. 728 , eff. 9-1-16; correction in (2) (intro.) made under s. 35.17 , Stats., Register August 2016 No. 728 .