283.16 Statewide variance for phosphorus.

412 words·~2 min read·/wi/chapter-283/283-16

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Basin” means the drainage area identified by an 8-digit hydrologic unit code, as determined by the U.S. Geological Survey.

(b)“Category” means a class or category of point sources specified by the department under s. 283.13

(1)or publicly owned treatment works.

(d)“Existing source” means a point source that was covered by a permit on December 1, 2010.

(e)“Major facility upgrade” means the addition of new treatment equipment and a new treatment process.

(g)“Nonpoint source” has the meaning given in s. 281.16

(e).

(h)“Target value” means the following:

1. For a point source in a watershed for which a federally approved total maximum daily load under 33 USC 1313

(C)is in effect on April 25, 2014, the number of pounds of phosphorus that would be discharged from the point source during a year if the point source complied with its effluent limitation based on the total maximum daily load in effect on April 25, 2014.

2. For a point source in a watershed for which no federally approved total maximum daily load under 33 USC 1313

(C)is in effect on April 25, 2014, the number of pounds of phosphorus that would be discharged from the point source during a year if the average concentration of phosphorus in the effluent discharged by the point source during the year was 0.2 milligrams per liter.

(i)“Water quality based effluent limitation” means an effluent limitation under s. 283.13

(5), including an effluent limitation based on a total maximum daily load under 33 USC 1313

(C)approved by the federal environmental protection agency.

(2)Initial determination concerning the water quality standard for phosphorus.

(a)The department of administration, in consultation with the department of natural resources, shall determine whether attaining the water quality standard for phosphorus, adopted under s. 281.15 , through compliance with water quality based effluent limitations by point sources that cannot achieve compliance without major facility upgrades is not feasible because it would cause substantial and widespread adverse social and economic impacts on a statewide basis. The department of administration may make separate determinations under this paragraph for statewide categories of point sources.

(b)The department of administration shall include all of the following in its determination under par.

(a), based on water quality based effluent limitations for phosphorus determined by the department of natural resources: