Section 212.13. Flow reregulation.

 

(1)  Total maximum loads established under this chapter may be calculated based on the use of flow reregulation techniques when WPDES permit applicants meet all of the following conditions:

(a) A cost-effectiveness analysis is submitted to the department which demonstrates that flow reregulation is a satisfactory means of attaining water quality standards.

(b) A technical analysis is presented to the satisfaction of the department which determines the critical water quality conditions for the affected stream segment as a function of the flow reregulation technique.

(c) Legally binding assurances are provided to the satisfaction of the department that the entity responsible for reregulating flows on the affected stream segment will undertake the agreed-upon flow reregulation activities.

(d) The flow reregulation does not interfere with the uses for which the impoundment was authorized.

(2)  Flow reregulation may not be used to accommodate new discharges of pollutants either from new point sources or from the expansion of existing point sources.

(3)  Flow reregulation may not be accomplished by the construction of new impoundments built for the primary purpose of increasing flows to accommodate pollution loadings.

(4)  Flow reregulation may not be accomplished by flow augmentation practices which would increase the overall quantity of surface water in the basin. Prohibited practices include interbasin transfers or groundwater pumping.

History: Cr. Register, September, 1981, No. 309 , eff. 10-1-81.