NR 212.13(1)(1) Total maximum loads established under this chapter may be calculated based on the use of flow reregulation techniques when WPDES permit applicants meet all of the following conditions:

NR 212.13(1)(a)(a) A cost-effectiveness analysis is submitted to the department which demonstrates that flow reregulation is a satisfactory means of attaining water quality standards.

NR 212.13(1)(b)(b) A technical analysis is presented to the satisfaction of the department which determines the critical water quality conditions for the affected stream segment as a function of the flow reregulation technique.

NR 212.13(1)(c)(c) Legally binding assurances are provided to the satisfaction of the department that the entity responsible for reregulating flows on the affected stream segment will undertake the agreed-upon flow reregulation activities.

NR 212.13(1)(d)(d) The flow reregulation does not interfere with the uses for which the impoundment was authorized.

NR 212.13(2)(2) Flow reregulation may not be used to accommodate new discharges of pollutants either from new point sources or from the expansion of existing point sources.

NR 212.13(3)(3) Flow reregulation may not be accomplished by the construction of new impoundments built for the primary purpose of increasing flows to accommodate pollution loadings.

NR 212.13(4)(4) Flow reregulation may not be accomplished by flow augmentation practices which would increase the overall quantity of surface water in the basin. Prohibited practices include interbasin transfers or groundwater pumping.

NR 212.40NR 212.40 Determination of lower Fox river water quality related effluent limitations. Effluent limitations for point sources discharging BOD5 to the lower Fox river shall be calculated according to the procedures contained in this section. These limitations shall apply from May 1 to October 31 annually.

NR 212.40(1)(a)(a) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 40.0 and 32.4 are shown in Table 1-a.

NR 212.40(1)(b)(b) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 32.4 and 19.2 are shown in Table 1-b.

NR 212.40(1)(c)(c) The total maximum daily BOD5 loads which are available for allocation to point sources discharging to the lower Fox river between milepoints 7.2 and 0.0 are shown in Table 1-c. For the period June 1 through June 30 of each year, section A of the MAY-JUNE table shall be replaced with section A of the JULY-AUGUST table. The total maximum daily BOD5 loads shown in Table 1-c have been determined in accord with ss. NR 102.02 and 102.03 to maintain the dissolved oxygen criteria except for natural conditions and the historically altered hydraulic characteristics.

NR 212.40(2)(2) The department shall determine baseline loads for each point source subject to the wasteload allocation in accordance with all of the following:

NR 212.40(2)(a)(a) Publicly-owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each publicly-owned point source shall be calculated as follows:

NR 212.40(2)(am)(am) Publicly-owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each publicly-owned point source shall be calculated as follows:

NR 212.40(2)(b)(b) Nonpublicly-owned point sources between milepoints 40.0 and 19.2. The baseline load expressed in pounds per day for each nonpublicly-owned point source shall be calculated as follows:

NR 212.40(2)(c)(c) Nonpublicly-owned point sources between milepoints 7.2 and 0.0. The baseline load expressed in pounds per day for each nonpublicly-owned point source shall be calculated as follows:

NR 212.40(2)(d)(d) Mini-cluster adjustment. The baseline load for nonpublicly-owned point sources between milepoints 0.8 and 0.5, and 0.4 and 0.0 shall be adjusted by subtracting 10% of the contractual maximum daily BOD5 discharged to the publicly-owned point source located between milepoint 1.0 and 0.0. The 10% contractual maximum figure for both non-publicly-owned point sources shall be added to the baseline load for the publicly-owned point source located between milepoints 1.0 and 0.0.

NR 212.40(3)(a)(a) Determine the reserve capacity adjustment. The reserve capacity for each publicly-owned point source located between milepoints 40.0 and 19.2 shall be calculated as follows:

NR 212.40(3)(b)(b) The reserve capacity for each publicly-owned point source located between milepoints 7.0 and 6.0 shall be calculated as follows: