NR 212.03(21)(21) “Total maximum load” means the maximum quantity of a pollutant or pollutants that can be discharged into a water quality limited segment over a specified period of time to maintain the applicable water quality standards. The total maximum load is the sum of the point source allocation, the nonpoint source allocation, the reserve capacity and the margin of safety.

NR 212.03(22)(22) “Wasteload allocation” means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source discharge.

NR 212.03(23)(23) “Water quality limited segment” means any area or portion of a stream which will not meet the established water quality standard with application of only categorical effluent limitations to all point sources.

NR 212.03(24)(24) “Water quality related effluent limitation” means a point source effluent limitation designed to meet applicable water quality standards and which is more restrictive than the categorical effluent limitations. For the purposes of this subchapter, water quality related effluent limitations refer to those determined as a result of a wasteload allocation.

NR 212.03(25)(25) “Water quality standards” means administrative rules adopted as chs. NR 102, 103 and 104, under authority of s. 281.15, Stats.

NR 212.03(26)(26) “WPDES permit” means a Wisconsin pollutant discharge elimination system permit for the discharge of pollutants issued by the department under ch. 283, Stats.

NR 212.03 HistoryHistory: Cr. Register, September, 1981, No. 309, eff. 10-1-81; cr. (5m), (14e) and (14q), Register, May, 1986, No. 365, eff. 6-1-86; CR 15-085: am. (intro.), (3), (12), (22), (24) Register August 2016 No. 728, eff. 9-1-16.

NR 212.05(1)(1) Water quality related effluent limitations and total maximum loads shall be established whenever categorical effluent limits required under s. 283.13, Stats., are less stringent than necessary to achieve the designated water quality standard. Water quality related effluent limitations for point sources shall be specified in a WPDES permit.

NR 212.05(2)(2) For the purposes of this chapter compliance with water quality related effluent limitations is recognized as compliance with s. 283.31 (4) (d), Stats.

NR 212.05(3)(3) In no case shall the water quality related effluent limitations be less stringent than applicable categorical effluent limitations.

NR 212.05(4)(4) Analysis of the samples shall be performed in accordance with ch. NR 219. Laboratory test results for 5-day biochemical oxygen demand and nutrients submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149.

NR 212.05 NoteNote: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.

NR 212.05 HistoryHistory: Cr. Register, September, 1981, No. 309, eff. 10-1-81; cr. (4), Register, April, 1986, No. 364, eff. 8-28-86.

NR 212.06(1)(1) When required by s. NR 212.05, total maximum loads for stream segments shall be established based upon relevant water quality and quantity considerations including, but not limited to, streamflow, water temperature, pH, dissolved oxygen, suspended solids and hardness or other natural background conditions. The stream conditions to be used for calculating the total maximum load are specified in s. NR 102.03 (3). Variable loadings may be established for a given stream segment to reflect the varying capacity of a stream to assimilate wastes under differing conditions when necessary supporting data is available.

NR 212.06(2)(2) Total maximum loads established in ss. NR 212.40 to 212.70 shall be reviewed at least once every 5 years and if necessary, recalculated by the department prior to permit reissuance, based on factors which shall include but not be limited to changes in stream conditions and advancements in stream modeling techniques, discharge characteristics, readjustment of modeling coefficients, utilization of new data, or baseline load revisions under s. NR 212.065.

NR 212.06 HistoryHistory: Cr. Register, September, 1981, No. 309, eff. 10-1-81; am. (2), Register, May, 1986, No. 365, eff. 6-1-86.

NR 212.065(1)(1) Baseline loads established in ss. NR 212.40 to 212.70 shall be reviewed at least once every 5 years and if necessary, revised by the department based on factors that shall include, but not be limited to population projections, modifications to categorical effluent limits, production curtailment or expansions, permit expiration and revocation, cessation of discharge or other issues. Any temporary reallocation under s. NR 212.11 (2) shall be considered as part of baseline load revisions at the 5 year update.

NR 212.065(2)(2) In proposing revisions to total maximum daily loads or baseline loads in ss. NR 212.40 to 212.70 due to reallocation, the department staff shall consider increases in allocations only for circumstances when:

NR 212.065(2)(a)(a) A new discharger requires a wasteload allocation due to insufficient reserve capacity being available in the applicable stream segment; or

NR 212.065(2)(b)(b) An existing discharger demonstrates to the satisfaction of the department that additional wasteload allocation is required due to a production expansion or municipal growth. The demonstration shall include an analysis of the discharger’s current wastewater treatment facility’s capability to adequately treat the increased influent. The demonstration shall also include an analysis that the discharger’s wastewater treatment facility is adequately maintained and operated at optimal efficiency; or

NR 212.065(2)(c)(c) An existing discharger demonstrates to the satisfaction of the department that additional wasteload allocation is required due to the inability of its wastewater treatment facility to attain existing wasteload allocations. The demonstration shall include an analysis that the discharger has installed appropriate treatment technology and that the current facility is maintained and operated at optimal efficiency.

NR 212.065(2)(d)(d) A reallocation of total maximum daily loads would result in establishment of a reserve capacity through procedures identified in ss. NR 212.40 through 212.70.

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.