Section 106.83. Regulation of chloride discharges.

 

(1)   Chloride effluent limitations. The department shall evaluate the need to establish effluent limitations for chloride whenever representative effluent data indicate that the discharge from a point source contains chloride. If the department determines that a water quality-based effluent limitation for chloride is needed, a calculated limitation as defined in s. NR 106.82 (1) shall be included in the permit to meet the applicable water quality standards specified in chs. NR 102 to 105 , unless a chloride variance is given pursuant to sub. (2) .

(2)   Chloride variance.

(a) Findings. On February 1, 2000, the department finds that:

1. End-of-pipe wastewater treatment technology for chloride is prohibitively expensive;

2. End-of-pipe wastewater treatment technology for chloride produces a concentrated brine that can be as much or more of an environmental liability than the untreated effluent;

3. Appropriate chloride source reduction activities are preferable environmentally to end-of-pipe effluent treatment in most cases; and

4. For some dischargers, attaining the applicable water quality standards specified in chs. NR 102 to 105 may cause substantial and widespread adverse social and economic impacts in the area where the discharger is located.

5. These findings shall be reviewed by the department every 3 years.

(b) Application. An existing discharger seeking a chloride variance under this subsection shall submit an application for a chloride variance when it submits its application for permit reissuance. The application shall include the permittee's basis for concluding that the findings in sub. (2) (a) for a chloride variance are applicable to its discharge.

(c) Department determinations. The department shall review the application submitted by the permittee. The application shall be approved if the department agrees with the permittee's basis for concluding that the findings under par. (a) for a chloride variance are applicable to its discharge. The department shall obtain U.S. environmental protection agency approval before a variance is included in a permit under this subsection.

(d) Permit conditions implementing a chloride variance. The department shall grant a chloride variance to an existing discharger when:

1. The findings in par. (a) supporting a chloride variance apply to the specific discharge; and

2. The permittee and the department agree upon specific permit language imposing an interim limitation, a target value or, where appropriate, a target limitation, and source reduction activities.

(3)   Interim limitations, target values and target limitations and source reduction activities.

(a) If the permittee and the department agree on the inclusion of voluntary source reduction activities and the imposition of an interim limitation and a target value or a target limitation in its permit, those activities and the interim limitation and target value or target limitations shall become permit requirements.

(b) If the permittee and the department cannot agree on voluntary source reduction activities to be included as permit requirements, those activities may not be included in the permit. If the permittee and the department cannot agree on an interim limitation and target value or a target limitation to be included as permit requirements, those limitations may not be included in the permit.

(c) If the permittee and the department cannot agree on voluntary source reduction activities and both an interim limitation and a target value or an interim limitation and a target limitation to be included as permit requirements, the department shall include a calculated limitation as defined in s. NR 106.82 (1) in the permit to meet the applicable water quality standards specified in chs. NR 102 to 105 .

(4)   Reapplication for a chloride variance. When a permit containing a chloride variance approved by the department under sub. (2) (c) expires, the permittee may reapply for a chloride variance when it submits its application for permit reissuance. The application shall include the permittee's basis for concluding that the findings in sub. (2) (a) are applicable to its discharge.

(5)   Applicability of the variance process in s. 283.15, stats. If a calculated limitation is included in the permit, a permittee may apply to the department for a variance from the water quality standard used to derive the calculated limitation, pursuant to s. 283.15 , Stats. Where a permittee has been granted a chloride variance and its permit includes an interim limitation, a target value, a target limitation and requirements for chloride source reduction activities, the provisions of s. 283.15 , Stats., are not applicable to the interim and target limitations.

Cr. Register, January, 2000, No. 529 , eff. 2-1-00; CR 15-085 : am. (2) (c) Register August 2016 No. 728 , eff. 9-1-16.