Categories of surface water uses and criteria

Categories of surface water uses and criteria.

(1) General. To preserve and enhance the quality of waters, surface water uses and criteria are established to govern water management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land development or other activities shall be controlled so that all surface waters including the mixing zone meet the following conditions at all times and under all flow and water level conditions:

(a) Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be present in such amounts as to interfere with public rights in waters of the state.

(b) Floating or submerged debris, oil, scum or other material shall not be present in such amounts as to interfere with public rights in waters of the state.

(c) Materials producing color, odor, taste or unsightliness shall not be present in such amounts as to interfere with public rights in waters of the state.

(d) Substances in concentrations or combinations which are toxic or harmful to humans shall not be present in amounts found to be of public health significance, nor shall substances be present in amounts which are acutely harmful to animal, plant or aquatic life.

(2) Revised uses and criteria. The following uses and criteria may be revised as new information or advancing technology indicate that revisions are in the public interest. Water used for hydropower and commercial shipping depends mainly on quantity, depth and elevation; consequently, no specific quality criteria for these uses have been prepared.

(3) Fish and other aquatic life uses. All surface waters shall belong in one of the fish and other aquatic life subcategories described in this subsection. Only those use subcategories identified in pars. (a) to (c) shall be considered suitable for the protection and propagation of a balanced fish and other aquatic life community as provided in the federal water pollution control act amendments of 1972, P.L. 92-500 ; 33 USC 1251 et seq.

l surface waters shall belong in one of the fish and other aquatic life subcategories described in this subsection. Only those use subcategories identified in pars. (a) to (c) shall be considered suitable for the protection and propagation of a balanced fish and other aquatic life community as provided in the federal water pollution control act amendments of 1972, P.L. 92-500 ; 33 USC 1251 et seq.

(a) Cold water communities. This subcategory includes surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for cold water fish species. This subcategory includes, but is not restricted to, surface waters identified as trout water by the department of natural resources (Wisconsin Trout Streams, publication 6-3600 (80)).

(b) Warm water sport fish communities. This subcategory includes surface waters capable of supporting a community of warm water sport fish or serving as a spawning area for warm water sport fish.

(c) Warm water forage fish communities. This subcategory includes surface waters capable of supporting an abundant diverse community of forage fish and other aquatic life.

(d) Limited forage fish communities. (Intermediate surface waters). This subcategory includes surface waters of limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of forage fish and other aquatic life.

(e) Limited aquatic life. (Marginal surface waters). This subcategory includes surface waters of severely limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of aquatic life.

(4) Criteria for fish and aquatic life. Except for natural conditions, all waters classified for fish and aquatic life shall meet the following criteria:

d aquatic life. (Marginal surface waters). This subcategory includes surface waters of severely limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of aquatic life.

(4) Criteria for fish and aquatic life. Except for natural conditions, all waters classified for fish and aquatic life shall meet the following criteria:

(a) Dissolved oxygen.

1. For streams, rivers, and impounded flowing waters, dissolved oxygen criteria apply to samples taken from the main channel near the area with greatest flow. For lakes or reservoirs, the dissolved oxygen criteria in this paragraph apply to the epilimnion of stratified lakes and to all but the deepest one meter of the water column of unstratified lakes.

2. Except as provided in subds. 3. to 7. and par. (am) , surface waters shall attain a minimum dissolved oxygen concentration of 5 mg/L at all times.

3. A waterbody classified by the department as a trout class I or II water under s. NR 1.02 (7) , a cold water community that is not a two-story fishery lake covered under par. (am) , or a great lakes tributary used by salmonids for spawning during the period of habitation, shall attain all of the following:

a. A minimum dissolved oxygen concentration of 6.0 mg/L at all times.

b. A minimum dissolved oxygen concentration of 7.0 mg/L when cold water fish are spawning through fry emergence from their redds, or gravel nests.

c. Dissolved oxygen concentrations and diurnal patterns may not be altered from natural background levels to such an extent that cold water populations are adversely affected.

4. A waterbody classified by the department as trout class III under s. NR 1.02 (7) shall attain a minimum dissolved oxygen concentration of 6.0 mg/L at all times.

5. A waterbody for which a use attainability analysis under 40 CFR 131.10 (g) (1) to (6) demonstrates that its otherwise applicable designated use category is unattainable shall attain the following:

a

opulations are adversely affected.

4. A waterbody classified by the department as trout class III under s. NR 1.02 (7) shall attain a minimum dissolved oxygen concentration of 6.0 mg/L at all times.

5. A waterbody for which a use attainability analysis under 40 CFR 131.10 (g) (1) to (6) demonstrates that its otherwise applicable designated use category is unattainable shall attain the following:

a. For a coldwater community with an approved use attainability analysis that redesignates it as warmwater, a minimum dissolved oxygen concentration of 5 mg/L at all times.

b. For any other community except those under subd. 7. , a minimum dissolved oxygen concentration of 3 mg/L at all times to protect aquatic life.

6. A waterbody designated by the department as limited forage fish shall attain a minimum dissolved oxygen concentration of 3 mg/L at all times.

7. A waterbody designated by the department as limited aquatic life or wetlands, or classified as diffuse surface waters or wastewater effluent channels shall attain a minimum dissolved oxygen concentration of 1 mg/L at all times when water is present.

(am) Oxythermal layer thickness for two-story fishery lakes.

1. ‘Criteria.’ A two-story fishery lake shall maintain, during its period of summer stratification, an oxythermal layer of at least 1 meter in thickness that maintains both a dissolved oxygen concentration of at least 6 mg/L and a maximum temperature of the following:

a. For a two-story fishery lake with lake trout, 57 ° F or less.

b. For a two-story fishery lake with whitefish but not lake trout, 66 ° F or less.

c. For a two-story fishery lake with cisco but not whitefish or lake trout, or that the department manages for brook, brown, or rainbow trout, 73 ° F or less.

d. For a two-story fishery lake with multiple coldwater fish species, the applicable criterion under subd. 1. a. to c. is that for the lake’s species requiring the lowest temperature.

2. ‘Assessment.’

a. The monitoring period for the criteria under subd. 1. is June 1 to September 15

but not whitefish or lake trout, or that the department manages for brook, brown, or rainbow trout, 73 ° F or less.

d. For a two-story fishery lake with multiple coldwater fish species, the applicable criterion under subd. 1. a. to c. is that for the lake’s species requiring the lowest temperature.

2. ‘Assessment.’

a. The monitoring period for the criteria under subd. 1. is June 1 to September 15. When monitoring for assessment purposes, depth profiles of temperature and dissolved oxygen shall, whenever possible, be taken in increments of 1 meter or less near the deepest part of the lake, at least monthly July to September. Samples taken outside this time frame but during summer stratification may also be used to determine assessment.

b. If at any time during a lake’s summer stratification the applicable criterion in subd. 1. is not met, that year is an exceedance year. At least 2 years of data are needed to make an attainment determination. If any 2 or more years within the most recent 5-year period are exceedance years, the lake is not attaining the water quality criterion. If insufficient data are available from the most recent 5-year period, data from up to 10 years may be used if representative of current conditions.

(c) pH. The pH shall be within the range of 6.0 to 9.0, with no change greater than 0.5 units outside the estimated natural seasonal maximum and minimum.

(d) Toxic substances. Unauthorized concentrations of substances are not permitted that alone or in combination with other materials present are toxic to fish or other aquatic life. Surface waters shall meet the acute and chronic criteria as set forth in or developed pursuant to ss. NR 105.05 and 105.06 .

(e) Temperature. Water quality criteria for temperature shall be determined and applied pursuant to subch. II . Heated effluent shall not cause lethality, inside or outside of the mixing zone, to animal, plant or other aquatic life.

t are toxic to fish or other aquatic life. Surface waters shall meet the acute and chronic criteria as set forth in or developed pursuant to ss. NR 105.05 and 105.06 .

(e) Temperature. Water quality criteria for temperature shall be determined and applied pursuant to subch. II . Heated effluent shall not cause lethality, inside or outside of the mixing zone, to animal, plant or other aquatic life.

(f) Other criteria. Surface waters shall meet all other criteria that correspond to the appropriate aquatic life subcategory for the surface water, including narrative criteria specified in sub. (1) .

(5) Recreational use.

(a) General. All surface waters shall be suitable for supporting recreational use and shall meet the criteria specified in sub. (6) .

(b) Exceptions. Whenever the department determines, in accordance with the procedures specified in s. NR 210.06 (3) , that wastewater disinfection is not required to protect recreational uses, the criteria specified in sub. (6) (a) and in chs. NR 103 and 104 do not apply.

(6) Criteria for recreational use. Bacteria criteria are established as follows to protect humans from illness caused by fecal contamination due to recreational contact with surface water:

(a) Bacteria.

1. ‘Criteria.’ All of the Escherichia coli ( E. coli ) criteria in Table A apply unless bacteria site-specific criteria have been adopted pursuant to subd. 2.

2. ‘Site-specific criteria.’

a. The department may establish bacteria site-specific criteria by rule to protect a waterbody’s recreational use when it is determined that the statewide E. coli criteria under subd. 1. are inappropriate due to site-specific conditions. Once bacteria site-specific criteria are adopted in a rule and approved by U.S. EPA, those criteria supersede the statewide E. coli criteria under subd. 1. for that waterbody.

b. Any interested party may submit proposed bacteria site-specific criteria for a waterbody to the department for review and consideration

de E. coli criteria under subd. 1. are inappropriate due to site-specific conditions. Once bacteria site-specific criteria are adopted in a rule and approved by U.S. EPA, those criteria supersede the statewide E. coli criteria under subd. 1. for that waterbody.

b. Any interested party may submit proposed bacteria site-specific criteria for a waterbody to the department for review and consideration. Any request for bacteria site-specific criteria must include a demonstration that the proposed site-specific criteria were developed using a U.S. EPA approved method, procedure, or test, are based on sound scientific rationale, and are as protective of the recreational use as the statewide E. coli criteria in subd. 1. A request for a less-stringent site-specific criteria must also demonstrate that the predominant source of the bacteria is non-human or non-fecal.

(7) Public health and welfare use.

(a) General. All surface waters shall be suitable for supporting public health and welfare.

(b) Exceptions. Whenever the department determines a discharge of heated effluent is not exposed or situated in a manner that may pose a realistic potential for scalding of humans, the criterion specified in sub. (8) (c) does not apply.

(8) Criteria for public health and welfare use.