Wis. Admin. Code Department of Natural Resources NR 106.91

Current through October 28, 2024

Section NR 106.91 - Variances for POTWs which accept wastewater from public water systems treating water to meet primary safe drinking water act standards

Publicly owned treatment works that accept wastewater from a public water system treating water to meet the primary maximum contaminant levels specified in ch. NR 809, if not able to meet the calculated limitation, may apply to the department for a variance from the water quality standard used to derive the limitation following the procedure specified in this subchapter. The department shall seek U.S. environmental protection agency approval before a variance is included in a permit. Upon approval, the permittee may be given an interim limitation, a target value, a target limitation and appropriate source reduction requirements, under s. NR 106.83 in the permit upon permit reissuance or modification. No calculated limitation, interim limitation, target value, target limitation, or source reduction requirement shall interfere with the attainment of the primary maximum contaminant levels specified in ch. NR 809.

Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Amended by, CR 15-085: am. Register August 2016 No. 728, eff. 9/1/2016

On July 11, 2014, in Case No. Case No. 12 CV 3654, Midwest Environmental Defense Center Inc. v. Wisconsin Department of Natural Resources, et. al., an action for declaratory judgment under s. 227.40, Stats., the Circuit Court for Dane County, Branch 1, entered a Final Order and Judgment providing in relevant part:

Wis. Admin. Code §106.91 is declared valid.