Wis. Admin. Code Department of Natural Resources NR 106.51

Current through October 28, 2024
Section NR 106.51 - Applicability

This subchapter applies to point sources that discharge cooling water, non-contact cooling water, or other wastewater to surface waters of the state if the discharge contains an associated heat load or is elevated in temperature relative to the ambient temperature of the receiving water. The procedures for calculation of effluent limitations identified in this subchapter do not apply to storm water discharges. Effluent limitations determined under this subchapter supersede any temperature limitations listed in s. NR 104.06(2) (b).

Wis. Admin. Code Department of Natural Resources NR 106.51

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

Section 283.11(2) (b), Stats., states that rules concerning storm water discharges may be no more stringent than the requirements under the federal water pollution control act and regulations adopted under that act. Storm water pollution prevention plans may address thermal issues on a case-by-case basis.

Note: The department will use enforcement discretion whenever there are exceedances of effluent temperature limitations in a WPDES permit for an electric generating facility during an energy emergency warning or when an energy emergency event has been declared under a Federal Energy Regulatory Commission order (Standard EOP-002, North American Electric Reliability Corporation).