NR 212.065(2)(e)(e) Through use of a toxicity test approved by the department, the discharger applying for an increased total maximum daily load demonstrates that such increase will not result in a failure, as defined by the department, of the toxicity test.

NR 212.07NR 212.07 Allocation for reserve capacity. The allocation for a reserve capacity for a particular stream segment shall be zero unless otherwise specified in ss. NR 212.40 to 212.70.

NR 212.08NR 212.08 Allocation for margin of safety. The allocation for a margin of safety shall be zero unless otherwise specified in ss. NR 212.40 to 212.70.

NR 212.09NR 212.09 Nonpoint source allocation. The allocation for nonpoint sources shall be zero unless otherwise specified in ss. NR 212.40 to 212.70.

NR 212.09 NoteNote: For those stream conditions where the allocation of water quality related effluent limitations is necessary, nonpoint source effects on stream segments will normally be accounted for in the water quality model or other technical analysis used to determine the total maximum load. In unforeseen circumstances requiring the specific allocation of a portion of the total maximum load for contributions from nonpoint sources, s. NR 212.09 can be used. Direct control of contributions from nonpoint sources will be implemented through land management control practices and will not normally be included in a waste load allocation.

NR 212.10(1)(1) The water quality related effluent limitations for a point source discharge to a stream segment which is not impacted by any other point source shall be calculated by subtracting any allocations for reserve capacity, margin of safety or nonpoint sources from the total maximum loading.

NR 212.10(2)(2) The procedures for determining water quality related effluent limitations for point source dischargers to a stream segment affected by more than one discharger are found in ss. NR 212.40 to 212.70.

NR 212.10(3)(3) The department may permit point source water quality related effluent limitations to vary according to flow, temperature or other water quality conditions only when all of the following are met:

NR 212.10(3)(b)(b) During the term of the permit the discharger provides sufficient monitoring capability where such capability does not otherwise exist.

NR 212.10(4)(4) Water quality related effluent limits shall be expressed as daily maximum loads. Consistent with techniques established under ss. NR 212.40 through 212.70 effluent limits may be expressed as averages in conjunction with daily maximum limits if the permittee demonstrates that such limits would not increase the probability of water quality standards violations. The flow and temperature measurements of stream conditions for flow and temperature related permits may be based on averages in cases where averages better approximate actual river conditions.

NR 212.10 HistoryHistory: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (2) and (4), Register, May, 1985, No. 353, eff. 6-1-85.

NR 212.11(1)(1) When a discharger to a publicly-owned point source covered by this chapter applies to receive a separate WPDES permit or when a person with a WPDES permit applies to terminate its direct discharge in order to contribute to a publicly-owned point source covered by this chapter, permit modification procedures contained in ss. 283.37 and 283.53 (2), Stats., shall apply. Any reallocation pursuant to such action shall only affect the applicant and the publicly-owned point source to which it discharges.

NR 212.11(2)(2) Procedures for temporary reallocation for individual stream segments are identified in ss. NR 212.40 through 212.70. Notwithstanding procedures identified in ss. NR 212.40 through 212.70, temporary reallocation of wasteload allocations may be allowed under the following conditions:

NR 212.11(2)(a)(a) Reallocations approved by the department shall be for at least one calendar year and shall expire at the end of the affected discharger’s WPDES permit term;

NR 212.11(2)(b)(b) Reallocations shall account for differences in waste characteristics and location of discharge as determined by the department and may not adversely affect a downstream segment’s wasteload allocation; and

NR 212.11(2)(c)(c) Reallocations may not affect baseline loads in affected stream segments but may result in an adjustment to total maximum daily loads identified in ss. NR 212.40 through 212.70.

NR 212.11(3)(3) Reallocations may not be approved by the department until the discharger applying for a reallocation demonstrates through the use of a toxicity test approved by the department that such reallocation will not result in toxicity in the receiving water.

NR 212.11(4)(4) Prior to department approval of a reallocation, all parties to the transfer shall waive all rights under s. 227.51, Stats., to retain any reallocation beyond the expiration date of the WPDES permit of the dischargers applying to receive a reallocation. The waiver shall be effectuated through incorporation into the WPDES permit of the affected discharger.

NR 212.11 HistoryHistory: Cr. Register, September, 1981, No. 309, eff. 10-1-81; r. and recr. Register, August, 1985, No. 356, eff. 9-1-85.

NR 212.115(1)(1) Transfers of wasteload allocations between point source dischargers may be allowed through the permit issuance or modification process under the following conditions:

NR 212.115(1)(a)(a) The discharger applying to receive a transfer secures a legally binding agreement approved by the department, that the WPDES permit allocations for one or more existing dischargers shall be reduced by an amount sufficient to prevent the total maximum load under ss. NR 212.40 to 212.70 from being exceeded;