Section NR 105.02 - ApplicabilityThe provisions of this chapter are applicable to surface waters of Wisconsin as specified in chs. NR 102 to 104 and in this chapter.
(1) SITE SPECIFIC CRITERIA AND SECONDARY VALUES. A criterion contained within this chapter or a secondary value calculated pursuant to this chapter may be modified for a particular surface water segment or body. A criterion or secondary value may be modified if specific information is provided which shows that the data used to derive the criterion or secondary value do not apply and if additional information is provided to derive a site-specific criterion or secondary value. Site-specific criteria are intended to be applicable to a specific surface water segment. Criteria may be modified for site-specific considerations according to the USEPA "Water Quality Standards Handbook" Second Edition, revised 1994. Any criterion modified for site-specific conditions shall be promulgated in ch. NR 104 before it can be applied on a site-specific basis. Site-specific modifications of criteria and secondary values shall be consistent with the procedures described in 40 CFR Part 132, Appendix F, Procedure 1: Site-specific modifications to criteria and values. 40 CFR Part 132, Appendix F, Procedure 1 as stated on September 1, 1997 is incorporated by reference. Note: Copies of 40 CFR Part 132 Appendix F, Proc. 1 are available for inspection in the offices of the department of natural resources, secretary of state and the legislative reference bureau, Madison, WI or may be purchased from the superintendent of documents, US government printing office, Washington, D.C. 20402.
(2) STATEWIDE CRITERIA.(a) The department may promulgate a less stringent criterion or remove a criterion from this chapter when the department determines that the previously promulgated criterion is more stringent than necessary, or unnecessary for the protection of humans, fish and other aquatic life or wildlife. The modification shall assure that the designated uses are protected and water quality standards continue to be attained.(b) The department may promulgate a more stringent criterion in this chapter when the department determines that the previously promulgated criterion is inadequate for the protection of humans, fish and other aquatic life or wildlife.(3) DETERMINATION OF SECONDARY VALUES FOR EFFLUENT LIMITATIONS. If a discharge contains a toxic substance, and if data to calculate a water quality criterion for that substance are not available, then, on a case-by-case basis, the department may calculate a secondary value as defined in this chapter and establish an effluent limitation for the toxic substance if the conditions contained in s. NR 106.05(1) (b) are met.Wis. Admin. Code Department of Natural Resources NR 105.02
Cr. Register, February, 1989, No. 398, eff. 3-1-89; am. (1) and (2), cr. (3), Register, August, 1997, No. 500, eff. 9-1-97.