Definitions

Definitions. Definitions. The definitions under ss. NR 102.045 (2) and 207.001 are applicable in this subchapter. In addition, in this subchapter: (1) “Bioaccumulative chemical of concern” or “BCC” has the meaning established under s. NR 105.03 (9) . (2) “Great Lakes system” has the meaning established under s. NR 102.03 (1pr) . (3) (a) “Increased discharge” means an actual or proposed change in concentration, level, or loading of a parameter that lowers water quality, is caused by or will be caused by a facility expansion, outfall relocation, process modification, connection of a pollutant source to an existing public or private wastewater treatment system, or other change, and which causes any of the following: 1. Exceedance of an effluent limitation specified in a current WPDES permit. 2. Exceedance of a mass limit or its equivalent mass load based on the concentration limit in the permit and the effluent flow rates as calculated under s. NR 106.06 (4) (d) . For purposes of this subdivision, these flow calculations apply not only to toxics but to any parameter for which a mass calculation is appropriate. 3. Initial imposition of an effluent limitation for a parameter that has not previously had a limit in an existing WPDES permit, except as specified under par. (b) . (b) “Increased discharge” does not include any of the following instances if the applicant is not proposing to change the concentration, level, or loading of a parameter in the discharge such that it will lower water quality: 1. The initial imposition of an effluent limitation for a parameter that is in an existing discharge but was not limited in a prior or the current permit if the initial imposition of the limitation is due only to one of the following: a. A revised or newly promulgated water quality standard. b. A change in receiving water characteristics such as flow or concentration of the parameter. c. Newly available effluent data or additional effluent data that reflects normal variability in effluent quality, if there is not a trending increase in pollutant concentrations, levels, or loads. 2. Reissuance of a WPDES individual or general permit, including reissuance of an administratively continued permit. 3. Issuance of a WPDES individual or general permit for a category of existing discharges that did not previously require a permit under state or federal regulations. 4. An existing CAFO that seeks an alternative discharge limitation under s. NR 243.13 (2) (b) or (3) (c) and demonstrates that the alternative discharge will be equal to or less than the mass loading associated with their current permit. (4) “New discharge" means any of the following: (a) A point source discharge to a surface water permitted for the first time under a WPDES permit under s. 283.31 , Stats. (b) A proposed relocation of a point source, except a proposed relocation of a point source to the same receiving water if the permittee demonstrates and the department determines any of the following: 1. The relocated outfall is within 100 feet of the original outfall. 2. The relocated outfall is within the original mixing zone as defined under s. NR 102.03 (2) . 3. The relocation would not cause additional degradation to the portion of the waterbody where the outfall is relocated. (c) A proposal to convert an existing WPDES-permitted groundwater discharge to instead discharge to a surface water. (d) Reauthorization of a previously permitted facility whose permit coverage was terminated or is no longer in effect, but that seeks new permit coverage. (5) “Outfall” means any discharge structure authorized in a WPDES permit that is used to convey wastewater to a surface water. (6) “Practicable” means technologically possible, able to be put into practice, and economically viable. (7) “Significant lowering of water quality” means a lowering of water quality determined to be significant under s. NR 207.031 (8) (a) . (8) “Temporary discharge” means a proposed new or increased discharge that may lower water quality for less than 90 days but that will not lower water quality after the discharge ceases in either the immediate or downstream surface waters. “Temporary discharge” does not include seasonal discharges that reoccur in subsequent years and does not include any proposed new or increased discharge of a bioaccumulative chemical of concern.