Wis. Admin. Code NR 119.03
Less stringent SSC
Cite as Wis. Admin. Code NR § 119.03
Less stringent SSC.
Less stringent SSC. A waterbody or segment may be eligible for a less stringent SSC if the requestor demonstrates and the department determines that the designated uses of the waterbody and its affected downstream waters can be protected by a less stringent phosphorus criterion based on the analysis of site-specific data. For the department to approve a less stringent SSC, the SSC shall be developed using methods specified in ss. NR 119.05 to 119.06 and be protective of downstream uses as specified in s. NR 119.06 (6) . The categories of waterbodies that may qualify for less stringent SSC include all of the following:
(1) Biological metrics attained. A less stringent SSC may be appropriate for a waterbody that is not attaining its statewide phosphorus criterion if all of its phosphorus response indicators and biological assessment thresholds are attained.
(2) Biological metrics not attained. A less stringent SSC may be appropriate for a waterbody that is not attaining its statewide phosphorus criterion even if one or more of its phosphorus response indicators or biological assessment thresholds are not attained, provided a modeling analysis demonstrates that the phosphorus response indicators are expected to be attained if the waterbody’s phosphorus concentration is sufficiently reduced to attain a proposed SSC that is less stringent than the statewide phosphorus criterion.
(3) High natural background phosphorus concentration. A less stringent SSC may be appropriate if a waterbody is not attaining the statewide phosphorus criterion because the natural background phosphorus concentration is higher than the statewide phosphorus criterion.