Modifications and temporary reallocation of point source allocations

Modifications and temporary reallocation of point source allocations.

(1) When a discharger to a publicly-owned point source covered by this chapter applies to receive a separate WPDES permit or when a person with a WPDES permit applies to terminate its direct discharge in order to contribute to a publicly-owned point source covered by this chapter, permit modification procedures contained in ss. 283.37 and 283.53 (2) , Stats., shall apply. Any reallocation pursuant to such action shall only affect the applicant and the publicly-owned point source to which it discharges.

(2) Procedures for temporary reallocation for individual stream segments are identified in ss. NR 212.40 through 212.70 . Notwithstanding procedures identified in ss. NR 212.40 through 212.70 , temporary reallocation of wasteload allocations may be allowed under the following conditions:

(a) Reallocations approved by the department shall be for at least one calendar year and shall expire at the end of the affected discharger’s WPDES permit term;

(b) Reallocations shall account for differences in waste characteristics and location of discharge as determined by the department and may not adversely affect a downstream segment’s wasteload allocation; and

(c) Reallocations may not affect baseline loads in affected stream segments but may result in an adjustment to total maximum daily loads identified in ss. NR 212.40 through 212.70 .

(3) Reallocations may not be approved by the department until the discharger applying for a reallocation demonstrates through the use of a toxicity test approved by the department that such reallocation will not result in toxicity in the receiving water.

(4) Prior to department approval of a reallocation, all parties to the transfer shall waive all rights under s. 227.51 , Stats., to retain any reallocation beyond the expiration date of the WPDES permit of the dischargers applying to receive a reallocation. The waiver shall be effectuated through incorporation into the WPDES permit of the affected discharger.