Section 290.13. Modification of effluent limitations.

 

(1)   All limitations and standards. The effluent limitations and standards set forth in this subchapter shall be used in accordance with this section to establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subchapter, except as:

(a) They may be superseded by more stringent limitations and standards necessary to achieve water quality standards or meet other legal requirements, or

(b) They may be supplemented or superseded by standards or prohibitions for toxic pollutants or by additional limitations for other pollutants required to achieve water quality standards, or

(c) They may be modified for BPT and BAT purposes in accordance with sub. (2) .

(2)   Best practicable technology, best available technology. Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available and the best available technology economically achievable may be modified as follows: An individual discharger or other interested person may submit evidence to the department that factors relating to the equipment or facilities involved, the process applied, or other such factors, which may include significant cost differentials, related to such discharger are fundamentally different from the factors considered in the establishment of the effluent limitations. On the basis of such evidence or other available information the department shall make a written determination that such factors are or are not fundamentally different for that facility compared to those specified in the Steam Electric Power Generating Development Document, EPA-440/1-80/029, November 1982. If such fundamentally different factors are found to exist, the department shall establish for the discharger effluent limitations in the WPDES permit either more or less stringent than the limitations in this chapter, to the extent dictated by such fundamentally different factors. Such limitations shall be reviewed by EPA which may approve, disapprove, or specify other limitations.

History: Cr. Register, October, 1986, No. 370 , eff. 11-1-86.

Note

Copies of the development document are available for inspection at the department of natural resources, 101 S. Webster, Madison; the secretary of state's office; and the legislative reference bureau, and may be obtained for personal use from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20460. Microsoft Windows NT 6.1.7601 Service Pack 1