Section 212.60. Determination of upper Wisconsin river water quality related effluent limitations.

  Effluent limitations for point sources discharging BOD 5 to the upper Wisconsin river shall be calculated according to the procedures contained in this section. These limitations shall apply from May 1 to October 31 annually.

(1)  The department shall determine baseline loads for each point source subject to the wasteload allocation in accordance with all of the following:

(a) The baseline load for each publicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows: - See PDF for table

(b) The baseline load for each nonpublicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows: - See PDF for table

(c) The baseline load for each publicly-owned point source located between milepoints 235.4 and 271.1 shall be calculated as follows: - See PDF for table - See PDF for table

(d) The baseline load for each nonpublicly-owned point source with best practicable waste treatment effluent limitations of less than 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows: - See PDF for table

(e) The baseline load for each nonpublicly-owned point source with best practicable waste treatment effluent limitations of BOD 5 equal to or exceeding 500 pounds per day located between milepoints 271.1 and 240.0 shall be calculated as follows: - See PDF for table

(f) The baseline load for each publicly-owned point source located between milepoints 341.4 and 305.9 shall be calculated as follows: - See PDF for table

(g) The baseline load for each nonpublicly-owned point source located between milepoints 341.4 and 305.9 shall be calculated as follows: - See PDF for table

(2)  Determine the allocation for each point source.

(a) The allocation for each publicly-owned point source located between milepoints 205.3 and 171.9 shall be its baseline load as determined in sub. (1) (a) .

(b) The allocation for each nonpublicly-owned point source located between milepoints 205.3 and 171.9 shall be calculated as follows: - See PDF for table

For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day-period may not exceed the sum of the daily point source allocation values calculated under the formula for the same 5-consecutive-day-period; and

2. For any one day period, the actual discharge for the point source may not exceed 120.5% of the allocation for that day as calculated under the formula.

(c)

1. The allocation for publicly-owned point source located between milepoint 240.0 and 250.0 shall be its baseline load as determined under sub. (1) (c) .

2. The allocation for publicly-owned point sources located between milepoint 250.0 and 260.0 shall be determined as follows:

a. For the period January 1, 1986 through December 31, 1990, the allocation shall be determined as follows:

  Point Source Allocation = (Q) (8.34) (45)
  Where Q = 3.1 million gallons per day
  8.34 = Conversion factor (lbs./gal.)
  45 = 45 milligrams per liter concentration of BOD 5

b. For each 5-year period beginning January 1, 1991 through December 31, 2005, the allocation shall be redetermined on the basis of projected flows and the demonstrated treatment capability of the point source. The redetermination shall be made at the time of each 5-year reevaluation under s. NR 212.06 (2) . No allocation may exceed the baseline load as determined in sub. (1) (c) .

3. The allocation for the publicly-owned point sources located between milepoints 260.0 and 265.0 shall be a reduction in discharge to levels appearing in Table 8-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

a. The sum of actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated for the same 5-consecutive-day period.

b. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day calculated for those flow temperature regimes identified as Condition A in Table 8-m or 101.8% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 8-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 8-m.

4. The allocation for publicly-owned point sources located between milepoints 265.0 and 271.1 shall be its baseline load as determined under sub. (1) (c) .

(d) The allocation for each nonpublicly-owned point source located between milepoints 271.1 and 240.0 with best practicable waste treatment effluent limits of less than 500 pounds of BOD 5 per day shall be its baseline load as determined under sub. (1) (d) .

(e) The allocation for each nonpublicly-owned point source located between milepoints 271.1 and 258.5 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD 5 per day shall be a reduction in its discharge to levels appearing in Table 2-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 2-m for the same 5-consecutive-day period.

2. For any one day period, the actual discharge for the point source may not exceed 101.8% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 2-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 2-m. No percentage adjustment shall be made for conditions identified as Condition A in Table 2-m.

(f) The allocation for each nonpublicly-owned point source located between milepoints 258.4 and 258.2 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD 5 per day shall be a reduction in its discharge to levels appearing in Table 3-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 3-m for the same 5-consecutive-day-period.

2. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day calculated for those flow/temperature regimes identified as Condition A in Table 3-m or 101.8% of the allocation calculated for those flow/temperature regimes identified as Condition B in Table 3-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 3-m.

(g) The allocation for each nonpublicly-owned point source located between milepoints 258.19 and 249.0 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD 5 per day shall be a reduction in its discharge to levels appearing in Table 4-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated for the same 5-consecutive-day period.

2. For any one day period, the actual discharge for the point source may not exceed 108.5% of the allocation for that day for those flow/temperature regimes identified as Condition A in Table 4-m or 101.8% of the allocation calculated for those flow/temperature regimes identified as Condition B in Table 4-m or 113.0% of the allocation calculated for those flow/temperature regimes identified as Condition C in Table 4-m.

(h) The allocation for each nonpublicly-owned point source located between milepoints 248.9 and 240.0 with best practicable waste treatment effluent limits equal to or exceeding 500 pounds of BOD 5 per day shall be a reduction in its discharges to levels appearing in Table 5-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 5-m for the same 5-consecutive-day period.

2. For any one day period, the actual discharge for the point source may not exceed 113.4% of the allocation for that day calculated for those flow/temperature regimes identified as Condition A in Table 5-m or 110.2% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 5-m or 113.0% of the allocation for that day calculated for those flow/temperature regimes identified as Condition C in Table 5-m.

(i) The allocation for each publicly-owned point source located between milepoints 341.4 and 305.9 shall be its baseline load as determined under sub. (1) (f) .

(j) The allocation for each nonpublicly-owned point source located between milepoints 341.4 and 313.2 with best practicable waste treatment limits equal to or exceeding 550 pounds of BOD 5 per day shall be a reduction in its discharge to levels appearing in Table 6-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 6-m for the same 5-consecutive-day period.

2. For any one day period, the actual discharge for the point source may not exceed 106.5% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 6-m. No percentage adjustments shall be made for conditions identified as Condition A in Table 6-m.

(k) The allocation for each nonpublicly-owned point source located between milepoints 313.19 and 305.9 with best practicable waste treatment limits equal to or exceeding 550 pounds of BOD 5 per day shall be a reduction in its discharge to levels appearing in Table 7-m. For purposes of determining compliance with water quality related effluent limits, the following conditions shall be met:

1. The sum of the actual daily discharges for any 5-consecutive-day period may not exceed the sum of the daily point source allocation values calculated under Table 7-m for the same 5-consecutive-day period.

2. For any one day period, the actual discharge for the point source may not exceed 106.5% of the allocation for that day calculated for those flow/temperature regimes identified as Condition B in Table 7-m. No percentage adjustments shall be made for conditions identified as Condition A in Table 7-m.

(3)  The flow and temperature conditions used to determine compliance with permit effluent limits shall be the representative measurements of the flow and temperature of the previous day.

(4)   Reallocation of available wasteload allocations.

(a) Wasteload allocations may be reallocated under par. (c) when a previously issued wasteload allocated permit expires, is revoked or is voluntarily surrendered. Such reallocation may be accomplished for the following purposes:

1. Provide for the wasteload needed due to the reactivation of a facility that had previously closed and caused the wasteload to become available.

2. Provide for new production increases by existing dischargers.

3. Provide for production by a new discharger.

4. Provide for existing dischargers to raise their existing allocation in the appropriate stream segment towards categorical effluent limitation levels based upon a demonstration of need that the discharger's treatment facility is incapable of meeting applicable wasteload allocations.

(b) Any reallocation shall include explicit reserve capacity for future new dischargers or future production increase by existing dischargers.

(c) Reallocations shall occur according to the following procedure:

1. Upon notification by the department of the availability of a wasteload pursuant to s. NR 212.60 (4) (a) , the designated management agency shall publish a notice of wasteload availability.

2. A 6-month period shall be provided for persons to declare interest in available wasteload allocations.

3. Within 60 days of the end of the 6 month period the designated management agency shall conduct a public meeting regarding the proposed reallocation.

4. The designated management agency shall recommend a reallocation including an explicit reserve capacity to the department within 30 days of the public meeting.

5. The department shall notify the designated management agency of acceptance or rejection of the recommendation within 6 months.

History: Cr. Register, September, 1981, No. 309 , eff. 10-1-81; emerg. r. and recr. (1) (c) and (2) (c), eff. 8-5-83; r. and recr. (1) (c) and (2) (c), Register, November, 1983, No. 335 , eff. 12-1-83; am. (1) (a) and (f), (2) (b) 2., cr. (4), Register, May, 1986, No. 365 , eff. 6-1-86; am. (1) (c) to (e), (2) (c) 1., 2.a. and 3., (d), (e) 2., (f) 2., (g), (h) (intro.) and 2., cr., tables 1-c and 8-m, r. and recr. tables 2-m, 3-m, 4-m and 5-m, Register, March, 1987, No. 375 , eff. 4-1-87; am. table 1-c, Register, April, 1988, No. 388 , eff. 5-1-88; CR 15-085 : am. (1) (intro.), (b), (d), (e), (g) Register August 2016 No. 728 , eff. 9-1-16.