Section 102.06. Phosphorus.

 

(1)   General . This section identifies the water quality criteria for total phosphorus that shall be met in surface waters.

(2)   Definitions . In this section:

(a) "Drainage lake" means a lake with an outlet stream that continually flows under average summer conditions based on the past 30 years.

(b) "Ephemeral stream" means a channel or stream that only carries water for a few days during and after a rainfall or snowmelt event and does not exhibit a flow during other periods, and includes, but is not limited to, grassed waterways, grassed swales, and areas of channelized flow as defined in s. NR 243.03 (7) .

(c) "Mean water residence time" means the amount of time that a volume of water entering a waterbody will reside in that waterbody.

(d) "Nearshore waters" means all waters of Lake Michigan or Lake Superior within the jurisdiction of the State of Wisconsin in the zone extending from the shore to a depth of 10 meters, based on the long-term mean elevation for Lake Superior of 183.4 meters (601.7 feet) and for Lake Michigan of 176.5 meters (579.0 feet).

(e) "Open waters" mean all waters of Lake Michigan or Lake Superior within the jurisdiction of the State of Wisconsin with depths greater than nearshore waters.

(f) "Reservoir" means a waterbody with a constructed outlet structure intended to impound water and raise the depth of the water by more than two times relative to the conditions prior to construction of the dam, and that has a mean water residence time of 14 days or more under summer mean flow conditions using information collected over or derived for a 30 year period.

(fm) "Seepage lake" means a lake that does not have an outlet stream that continually flows under average summer conditions based on the past 30 years.

(g) "Stratified lake or reservoir" means a lake or reservoir where either of the following equations results in a value of greater than 3.8:

Maximum Depth (meters) — 0.1

Log 10 Lake Area (hectares)

Maximum Depth (feet)* 0.305 — 0.1

Log 10 Lake Area (acres) * 0.405

(i) "Stratified two-story fishery lake" means a stratified lake which has supported a cold water fishery in its lower depths within the last 50 years.

(j) "Total phosphorus" means all of the phosphorus in a water sample analyzed using the methods identified under the provisions of s. NR 219.04 (1) .

(3)   Streams and rivers . To protect the fish and aquatic life uses established in s. NR 102.04 (3) on rivers and streams that generally exhibit unidirectional flow, total phosphorus criteria are established as follows:

(a) A total phosphorus criterion of 100 ug/L is established for the following rivers or other unidirectional flowing waters:

1. Apple River from the outlet of the Apple River Flowage in Amery to the St. Croix River, excluding Black Brook Flowage.

2. Bad River from confluence with the Marengo River within the Bad River Indian Reservation downstream to Lake Superior.

3. Baraboo River from highway 58 in La Valle to the Wisconsin River.

4. Bark River from confluence with Scuppernong River near Hebron to the Rock River.

5. Black River from confluence with Cunningham Creek near Neillsville to Mississippi River, excluding Lake Arbutus.

6. Brule River from state highway 55 in Forest County downstream to Menominee River.

7. Buffalo River from confluence with Harvey Creek near Mondovi to Mississippi River.

8. Chippewa River from Lake Chippewa in Sawyer County to Mississippi River, excluding Holcombe Flowage, Cornell Flowage, Old Abe Lake, Lake Wissota and Dells Pond.

9. Crawfish River from confluence with Beaver Dam River to Rock River.

10. East Branch Pecatonica River from confluence with Apple Branch Creek near Argyle to Pecatonica River.

11. Eau Claire River from confluence with Bridge Creek near Augusta to Chippewa River, excluding Altoona Lake.

12. Embarrass River from confluence with Pigeon River near Clintonville to Wolf River.

13. Flambeau River from outlet of Turtle-Flambeau Flowage in Iron County to Chippewa River, excluding Pixley Flowage, Crowley Flowage and Dairyland Flowage.

14. Fox River from outlet of Lake Puckaway near Princeton to Green Bay, excluding Lake Butte des Morts and Lake Winnebago.

15. Fox River from confluence with Mukwonago River near Mukwonago to state line, excluding Tichigan Lake.

16. Grant River from confluence with Rattlesnake Creek near Beetown to Mississippi River.

17. Jump River from confluence with the North Fork and the South Fork of the Jump rivers in Price County to Holcombe Flowage.

18. Kickapoo River from confluence with Weister Creek near La Farge to Wisconsin River.

19. Kinnickinnic River from confluence with Wilson Park Creek in Milwaukee to Milwaukee River.

20. La Crosse River from confluence with Fish Creek near Bangor to Mississippi River, excluding Neshonoc Lake.

21. Lemonweir River from outlet of New Lisbon Lake in New Lisbon to Wisconsin River, excluding Decorah Lake.

22. Little Wolf River from confluence with South Branch Little Wolf River near Royalton to Wolf River.

23. Manitowoc River from confluence of North Branch and South Branch Manitowoc rivers to the opening at the end of the piers at Lake Michigan.

24. Menominee River from confluence with Brule River to the opening at the end of the piers at Green Bay.

25. Menomonee River from confluence with Little Menomonee River to Milwaukee River.

26. Milwaukee River from confluence with Cedar Creek downstream to the openings of the breakwaters at Lake Michigan.

27. Mississippi River main channels and side channels.

28. Namekagon River from outlet of Trego Lake near Trego to St. Croix River.

29. Oconto River from confluence with Peshtigo Brook to the opening at the end of the piers at Green Bay.

30. Pecatonica River from confluence with Vinegar Branch near Darlington to state line.

31. Pelican River from confluence with Slaughterhouse Creek near Rhinelander to Wisconsin River.

32. Peshtigo River from confluence with Brandywine Creek downstream to Green Bay, excluding Cauldron Falls Flowage and High Falls Flowage.

33. Pine River from confluence with Popple River in Florence County to Menominee River, excluding Pine River Flowage.

34. Red Cedar River from confluence with Brill River to Chippewa River, excluding Rice Lake, Tainter Lake and Lake Menomin.

35. Rock River from outlet of Sinissippi Lake downstream to the state line, excluding Lake Koshkonong.

36.

St. Croix River from confluence with Namekagon River downstream to Mississippi River, excluding Lake St. Croix near Hudson.

37.

St. Louis River from state line to the opening between Minnesota Point and Wisconsin Point at Lake Superior.

38. Sheboygan River from outlet of Sheboygan Marsh to the opening at the end of the piers at Lake Michigan.

39. South Fork of Flambeau River from state highway 13 near Fifield to Flambeau River.

40. Sugar River from outlet of Albany Lake to state line, excluding Decatur Lake.

41. Tomahawk River from outlet of Willow Reservoir to Lake Nokomis.

42. Trempealeau River from confluence with Pigeon Creek near Whitehall to Mississippi River.

43. White River from outlet of White River Flowage in Ashland County to Bad River.

44. Wisconsin River from the Rhinelander Dam to Mississippi River, excluding Lake Alice, Lake Mohawksin, Alexander Lake, Lake Wausau, Mosinee Flowage, Lake Dubay, Wisconsin River Flowage, Biron Flowage, Petenwell Flowage, Castle Rock Flowage and Lake Wisconsin.

45. Wolf River from confluence with Hunting Creek in Langlade County to Lake Poygan.

46. Yahara River from outlet of Lake Kegonsa to Rock River.

(b) Except as provided in subs. (6) and (7) , all other surface waters generally exhibiting unidirectional flow that are not listed in par. (a) are considered streams and shall meet a total phosphorus criterion of 75 ug/L.

(4)   Reservoirs and lakes . Except as provided in sub. (1) , to protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5) , total phosphorus criteria are established for reservoirs and lakes, as follows:

(a) For stratified reservoirs, total phosphorus criterion is 30 ug/L. For reservoirs that are not stratified, total phosphorus criterion is 40 ug/L.

(b) For the following lakes that do not exhibit unidirectional flow, the following total phosphorus criteria are established:

1. For stratified, two-story fishery lakes, 15 ug/L.

2. For lakes that are both drainage and stratified lakes, 30 ug/L.

3. For lakes that are drainage lakes, but are not stratified lakes, 40 ug/L.

4. For lakes that are both seepage and stratified lakes, 20 ug/L.

5. For lakes that are seepage lakes, but are not stratified lakes, 40 ug/L.

(c) Waters impounded on rivers or streams that don't meet the definition of reservoir in this section shall meet the river and stream criterion in sub. (3) that applies to the primary stream or river entering the impounded water.

(5)   Great lakes . To protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5) on the Great Lakes, total phosphorus criteria are established as follows:

(a) For both open and nearshore waters of Lake Superior, 5 ug/L.

(b) For both open and nearshore waters of Lake Michigan, excluding waters identified in par. (c) , 7 ug/L.

(c) For the portion of Green Bay from the mouth of the Fox River to a line from Long Tail Point to Point au Sable, the water clarity and other phosphorus-related conditions that are suitable for support of a diverse biological community, including a robust and sustainable area of submersed aquatic vegetation in shallow water areas.

(6)   Exclusions . The following waters are excluded from subs. (3) (b) , (4) and (5) :

(a) Ephemeral streams.

(b) Lakes and reservoirs of less than 5 acres in surface area.

(c) Wetlands, including bogs.

(d) Waters identified as limited aquatic life waters in ch. NR 104 . Limited aquatic life waters are those subject to the criteria in s. NR 104.02 (3) (b) (2) .

(7)   Site-specific criteria . A criterion contained within this section may be modified by rule for a specific surface water segment or waterbody. A site-specific criterion may be adopted in place of the generally applicable criteria in this section where site-specific data and analysis using scientifically defensible methods and sound scientific rationale demonstrate a different criterion is protective of the designated use of the specific surface water segment or waterbody.

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; CR 10-035 : r. and recr. Register November 2010 No. 659 , eff. 12-1-10; renumbering of (2) (fm) made under s. 13.92 (4) (b) 1. , Stats., Register November 2010 No. 659 .

Note

Reservoirs, two-story fishery lakes and water bodies with high natural background phosphorus concentrations are the most appropriate water bodies for site-specific criteria. Microsoft Windows NT 6.1.7601 Service Pack 1 When placing a water body on the 303 (d) list as impaired for phosphorus, the department considers factors such as frequency and duration of criterion exceedances, the time of year of the exceedance and the magnitude of each exceedance above the applicable criterion. The department may also choose to consider other factors such as the concentration of suspended algae and floating plants; density of benthic algae; macrophyte density; minimum and daily change in dissolved oxygen levels due to diurnal swings; water clarity; and natural background phosphorus concentrations. The 303 (d) list is a list of impaired waters established by the department and approved by US EPA pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7 . Information on frequency and duration is contained in the department's impaired waters listing guidance, "Wisconsin Consolidated Assessment and Listing Methodology." Microsoft Windows NT 6.1.7601 Service Pack 1 NR 102.07 Lake Michigan and Lake Superior thermal standards. History: Cr. Register, September, 1973, No. 213 , eff. 10-1-73; r. and recr. Register, July, 1975, No. 235 , eff. 8-1-75; renum. from NR 102.05, Register, February, 1989, No. 398 , eff. 3-1-89; CR 07-111 : r. Register September 2010 No. 657 , eff. 10-1-10. Microsoft Windows NT 6.1.7601 Service Pack 1 NR 102.08 Mississippi river thermal standards. History: Cr. Register, July, 1975, No. 235 , eff. 8-1-75; renum. from NR 102.06, Register, February, 1989, No. 398 , eff. 3-1-89; CR 07-111 : r. Register September 2010 No. 657 , eff. 10-1-10. Microsoft Windows NT 6.1.7601 Service Pack 1 NR 102.09 Review of thermal standards. History: Cr. Register, July, 1975, No. 235 , eff. 8-1-75; am. Register, February, 1977, No. 254 , eff. 3-1-77; renum. from NR 102.07, Register, February, 1989, No. 398 , eff. 3-1-89; CR 07-111 : r. Register September 2010 No. 657 , eff. 10-1-10. Microsoft Windows NT 6.1.7601 Service Pack 1