Section 106.72. Application for alternative effluent limitations for temperature.

  An application for an alternative effluent limitation may be submitted to the department by an owner or operator of a point source subject to effluent limitations determined under subch. V .

(1)   Timing . The application may be submitted at the time the owner or operator submits an application for issuance or reissuance of a WPDES permit or at any time following the issuance of a permit, subject to the permit modification provisions in s. 283.53 , Stats.

(2)   New discharge . A permittee may submit an application for alternative effluent limitations for temperature for a new discharge. The application shall include a demonstration that the effluent temperature limitations calculated according to the procedures specified in subch. V are more stringent than necessary to assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge is made. This demonstration shall examine the interaction of the thermal component with other pollutants and the additive effect of other thermal sources. The application shall also contain all of the following:

(a) A description of the alternative effluent limitations for temperature requested.

(b) A description of the methodology the applicant used to support the demonstration.

(c) Biological, hydrological and meteorological data, physical monitoring data, engineering or diffusion models, laboratory studies and other relevant evidence.

(d) The data and results of studies, experiments and other information that support the demonstration that the identified representative, important species will be protected, and that will assure the protection and propagation of a balanced, indigenous community of shellfish, fish and aquatic life in and on the body of the water into which the discharge will be made.

(3)   Existing discharge . An existing permittee may submit an application for alternative effluent limitations for temperature for an existing discharge. The application shall include a demonstration that the effluent temperature limitations calculated according to the procedures specified in subch. V are more stringent than necessary to assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge is made. This demonstration shall examine the interaction of the thermal component with other pollutants and the additive effect of other thermal sources. The permittee may request alternative effluent limitations for temperature under either par. (a) or (b) .

(a) A permittee may demonstrate that no appreciable harm has resulted from the normal component of the discharge to a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge has been made. In determining whether or not prior appreciable harm has occurred, the department shall consider the length of time in which the applicant has been discharging and the nature of the discharge.

(b) A permittee may demonstrate that, despite the occurrence of previous appreciable harm, alternative effluent limitations for temperature will assure the protection and propagation of a balanced, indigenous community of shellfish, fish and wildlife in and on the body of water into which the discharge has been made.

(c) In the application under this section, the permittee shall provide all of the following:

1. A description of the alternative effluent limitations for temperature requested.

2. A description of the methodology the applicant used to support the demonstration.

3. Biological, hydrological and meteorological data, physical monitoring data, engineering or diffusion models and laboratory studies and other relevant evidence.

4. The data and results of studies, experiments and other information that support the demonstration that the identified representative, important species will be protected, and that will assure the protection and propagation of a balanced, indigenous community of shellfish, fish, and aquatic life in and on the water to which the discharge has been made.

CR 07-111 : cr. Register September 2010 No. 657 , eff. 10-1-10.