Section 221.05. Modification of effluent limitations.

 

(1)  Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available may be modified in accordance with this section.

(2)  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 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 will make a written determination that such factors are or are not fundamentally different for that facility compared to those specified in either the Building, Construction, and Paper or the Textiles, Friction, and Sealing Devices Development Documents, respectively EPA 440/1-74-017-a published February 1974, or EPA 440/1-74-035-a published December 1974. If such fundamentally different factors are found to exist, the department shall establish for the discharge 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 must be approved by EPA which may approve, disapprove, or specify other limitations. Copies of these Development Documents are available for inspection at the office of the department of natural resources, 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.

History: Cr. Register, June, 1976, No. 246 , eff. 7-1-76; correction in (2) made under s. 13.92 (4) (b) 6. , Stats., Register April 2013 No. 688 .