NR 212.40(4)(4) Determine the adjustments to the baseline loads. NR 212.40(4)(a)(a) The adjusted baseline load for each publicly-owned point source shall be equal to the baseline load for the source calculated in sub. (2) (a) or (am) plus the reserve capacity for the same source calculated in sub. (3), plus the mini-cluster adjustment, if any, calculated in sub. (2) (d). NR 212.40(4)(b)(b) The adjusted baseline load for each nonpublicly-owned point source shall be calculated as follows: NR 212.40(4)(c)(c) The adjusted baseline load for publicly-owned and nonpublicly-owned point sources from milepoints 32.4 through 19.2 shall include an incremental addition as follows: NR 212.40(4)(d)(d) The adjusted baseline load for nonpublicly-owned point source located between milepoint 0.8 and 0.5 shall be reduced by 2500 pounds of BOD5 from the amount calculated in par. (b). NR 212.40(5)(5) Determine the allocation for each point source. The allocation for each point source shall be calculated as follows: NR 212.40(6)(6) For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met: NR 212.40(6)(a)(a) For a point source discharging into the lower Fox river from milepoints 40.0 through 19.2, the sum of the actual daily discharges for any 7-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under sub. (5) for the same 7-consecutive-day-period; and NR 212.40(6)(am)(am) For a point source discharging into the lower Fox river from milepoints 7.2 through 0.0, the sum of the actual daily discharges for any 7-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under sub. (5) for the same 7-consecutive-day-period; and NR 212.40(6)(b)1.1. For a point source discharging into the lower Fox river between milepoints 40.0 through 32.4, the actual discharge may not exceed 138% of the allocation for that day as calculated under sub. (5). NR 212.40(6)(b)2.2. For a point source discharging into the lower Fox river between milepoints 32.4 and 19.2, the actual discharge may not exceed 120.0% of the allocation for that day as calculated under sub. (5). NR 212.40(6)(b)3.3. For a point source discharging into the lower Fox river between milepoints 7.2 and 0.0, the actual discharge may not exceed 134% of the allocation for that day as calculated under sub. (5). NR 212.40(7)(7) The flow and temperature conditions used to determine compliance with permit effluent limits shall be the representative measurements of the flow averaged over the previous 4 days and temperature of the previous day. NR 212.40(8)(8) Reallocation of available wasteload allocations. NR 212.40(8)(a)(a) Wasteload allocations may be reallocated under par. (c) when a wasteload allocated permit expires, is revoked or surrendered for the following purposes: NR 212.40(8)(a)1.1. Provide for the wasteload needed due to the reactivation of a facility that had closed and made the wasteload available. NR 212.40(8)(a)2.2. Provide the wasteload for new production increases by existing dischargers. NR 212.40(8)(a)4.4. Provide for existing dischargers to raise their existing allocations in the appropriate stream segment towards categorical effluent limitation levels based upon a demonstration of need that the dischargers’ treatment facility is incapable of meeting applicable wasteload allocations. NR 212.40(8)(b)(b) Reallocations shall include an explicit reserve capacity for future new dischargers or future production increases by existing dischargers. NR 212.40(8)(c)(c) The following procedures shall be used to reallocate available wasteloads: NR 212.40(8)(c)1.1. Upon notification by the department of an available wasteload allocation pursuant to par. (a), the designated management agency shall publish a notice of wasteload availability. NR 212.40(8)(c)2.2. A 6 month period shall be provided for persons to declare interest in available wasteload allocations. NR 212.40(8)(c)3.3. Within 60 days of the end of the 6 month period the designated management agency shall conduct a public meeting regarding the proposed reallocation.
