Section 212.115. Transferable wasteload allocation.

 

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

(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;

(b) The department shall consider the differences in waste characteristics and location of the affected point sources to determine amounts by which the existing point source allocations are reduced; and

(c) Transfer agreements approved by the department shall be for at least one wasteload allocation season and may not extend beyond the term of the seller's discharge permit.

(d) Transfers may not be approved by the department until the discharger applying for an increased wasteload allocation demonstrates through the use of a toxicity test approved by the department that the transfer will not result in a failure, as defined by the department, of the toxicity test.

(2)  Prior to department approval of a transfer, the discharger applying for an increased wasteload allocation shall demonstrate to the satisfaction of the department that the increase is needed due to:

(a) New production by a new discharger,

(b) Increased production which cannot be accommodated by the current treatment facility, or

(c) The inability of the current waste treatment facility to meet current wasteload allocations despite optimal operation and maintenance of the treatment facility.

(3)  Prior to department approval of a transfer, all parties to the transfer shall waive all rights under s. 227.51 , Stats., to retain any transfer beyond the expiration date of the WPDES permit of the dischargers applying to receive a transfer. The waiver shall be incorporated into both the legally binding agreement in sub. (1) (a) and the WPDES permit of all parties to the agreement.

History: Cr. Register, March, 1986, No. 363 , eff. 4-1-86.