Section NR 106.04 - General(1) The department shall establish water quality-based effluent limitations whenever categorical effluent limits required under s. 283.13, Stats., are less stringent than necessary to achieve applicable water quality standards specified in chs. NR 102 to 105. Water quality-based effluent limitations for a point source shall be specified in the permit for that point source.(2) In no case may the water quality based effluent limitations be less stringent than applicable categorical effluent limitations.(3) The department shall establish limitations for toxic and organoleptic substances if any of the conditions specified in s. NR 106.05 are met. Limitations shall be established according to the methods provided in s. NR 106.06 and included in WPDES permits according to the conditions provided in s. NR 106.07. The department shall establish limitations for whole effluent toxicity if any of the conditions specified in s. NR 106.08 are met. Whole effluent limitations shall be established and included in WPDES permits according to the methods provided in ss. NR 106.08 and 106.09.(3m) In lieu of imposing limitations at the point of discharge when imposition of limitations at the point source discharge location is impracticable or infeasible, the department may impose water quality-based effluent limitations on an internal waste stream before that waste stream mixes with other waste streams or cooling water streams. Monitoring requirements as specified in s. NR 106.07(1) shall also be applied to the internal waste streams in these instances.(4) Water quality based effluent limitations or monitoring requirements for toxic or organoleptic substances or whole effluent toxicity may be removed from a permit, subject to public notice and opportunity for hearing under ch. NR 203, if the limitation is determined to be unnecessary based on the procedures presented in this chapter or based on other information available to the department.(5) For purposes of this chapter, a cost-effective pollutant minimization program is an activity which has as its goal the reduction of all potential sources of the pollutant for the purpose of maintaining the effluent at or below the water quality based effluent limitation. The pollutant minimization programs specified in ss. NR 106.05(8), 106.06(6) (d), 106.07(6) (f) and 106.145(7) shall include investigation of treatment technologies and efficiencies, process changes, wastewater reuse or other pollution prevention techniques that are appropriate for that facility, taking account of the permittee's overall treatment strategies, facilities plans and operational circumstances. Past documented pollution prevention or treatment efforts may be used to satisfy all or part of a pollution minimization program requirement. The permittee shall submit to the department an annual status report on the progress of a pollutant minimization program.Wis. Admin. Code Department of Natural Resources NR 106.04
Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (3), cr. (5), Register, August, 1997, No. 500, eff. 9-1-97; CR 02-019: am. (5) Register October 2002 No. 562, eff. 11-1-02.Amended by, CR 15-085: am. (1) (intro.), cr. (3m) Register August 2016 No. 728, eff. 9/1/2016