Section 212.065. Modification of baseline loads.

 

(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.

(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:

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

(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

(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.

(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 .

(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.

History: Cr. Register, May, 1986, No. 365 , eff. 6-1-86.