Wisconsin Administrative Code
Department of Natural Resources
NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System
Chapter NR 212 - Waste Load Allocated Water Quality Related Effluent Limitations
Subchapter II - Effluent Limitations for Biochemical Oxygen Demand Developed Through Wasteload Allocations for Specific Stream Segments
Section NR 212.11 - 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:

(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.