Wis. Admin. Code Department of Natural Resources NR 207.02

Current through October 28, 2024
Section NR 207.02 - Definitions

In addition to the definitions in ch. NR 205, the following definitions apply to this chapter:

(1) "Assimilative capacity" means the difference between the water quality criterion for a substance identified in ch. NR 102 or 105 and the existing level of that substance in a surface water.
(2) "Bioaccumulation factor" means the ratio of the concentration of a substance in an aquatic organism to the concentration of the substance in water to which the organism is exposed regardless of whether the concentration in the organism results solely from body contact with the water or from body contact plus ingestion of food contaminated with the substance, as determined under ch. NR 105 and associated technical support documents.
(3) "Exceptional resource waters" means any surface water, or portion thereof, in s. NR 102.11.
(4) "Fish and aquatic life water" means any surface water, or portion thereof, in s. NR 102.13.
(5) "Great Lakes system" means any surface water in s. NR 102.12(1).
(6)
(a) "Increased discharge" means any change in concentration, level or loading of a substance which would exceed an effluent limitation specified in a current WPDES permit.
(b) Except as provided in par. (c), increased discharge does not include the initial imposition of effluent limitations for substances which were in a previous discharge but which had not been limited in a prior or the current permit unless the initial imposition of effluent limitations occurs due to a changed discharge location, other than a change in location necessary to accommodate a mixing zone as provided for in ch. NR 106.
(c) For discharges of bioaccumulative chemicals of concern (BCCs), defined in s. NR 105.03(9), to the Great Lakes system, increased discharge means:
1. An increased discharge as defined in par. (a);
2. The initial imposition of an effluent limitation for a BCC that occurs due to an actual or expected increase in loading of the BCC; and
3. Any actual or expected increase in loading of a BCC which is caused by or will be caused by a facility expansion, a process modification, or the connection to an existing public or private wastewater treatment system of a substantial source of untreated or pretreated effluent containing BCCs, and which requires notification to the department pursuant to s. NR 205.07(2) (a) or (3) (c) or (d). Under this subdivision, increased discharge does not include any increase in the loading of BCCs that is caused by normal operational variability, changes in intake pollutants or increasing the rate or hours of production within the existing production capacity. Normal operational variability includes, for POTWs, any additional wastewater volume within the existing capacity of the POTW from commercial, industrial or residential growth which do not normally contribute substantial quantities of BCCs to the POTW's wastewater flow.
(7) "Loading" means the concentration of a substance within a discharge multiplied by the flow of that discharge.
(8) "New discharge" means any point source which has not received a WPDES permit from the department prior to March 1, 1989.
(9) "Outstanding resource waters" means any surface water, or portion thereof, in s. NR 102.10.
(10) "Receiving water" means the portion of a surface water which will be affected by a proposed new or increased discharge.
(11) "Significant lowering of water quality" means a lowering of water quality determined to be significant under s. NR 207.05.
(12) "Surface water" means all waters of the state, as designated i n 281.01(18), Stats., except groundwater.
(13) "Water quality based effluent limitations" means effluent limitations established by the department pursuant to s. 283.13(5), Stats.

Wis. Admin. Code Department of Natural Resources NR 207.02

Cr. Register, February, 1989, No. 398, eff. 3-1-89; correction in (13) made under s. 13.93(2m) (b) 7, Stats., Register, March, 1997, No. 495; am. (5), (6) (b) and (12), cr. (6) (c), Register, August, 1997, No. 500, eff. 9-1-97.