Effluent limitations for point sources discharging
BOD5 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:
Baseline Load = (Q) (8.34) (60) (C)
Where Q = The average daily flow for the publicly- owned
point source during 1978 expressed in millions of gallons per day.
8.34 = Conversion factor (lbs./gal.).
60 = Concentration of BOD 5 expressed in milligrams per
liter.
C = Reallocation conversion factor which has a value of
1.0 for the publicly-owned point source located between milepoints 205.3 and
199.4 and a value of 1.18 for the publicly-owned point sources located between
milepoints 199.3 and 171.9.
(b) The baseline load for each
nonpublicly-owned point source located between milepoints 205.3 and 171.9 shall
be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment
effluent limitations for the point source as provided in ch. NR 284, expressed
as pounds of BOD5 per ton of production. If ch. NR 284 does not apply, the
best practicable waste treatment effluent limitations as determined under ch.
NR 220 shall apply.
Production = The annual average off-machine production
during 1978 expressed as tons per day.
(c) The baseline load for each publicly-owned
point source located between milepoints 235.4 and 271.1 shall be calculated as
follows:
Baseline Load = (Q) (8.34) (C)
Where Q = 0.55 million gallons per day for publicly- owned
point sources located between milepoints 240.0 and 250.0 4.0 million gallons
per day for publicly- owned point sources located between milepoints 250.0 and
260.0. 8.2 million gallons per day for publicly- owned point sources located
between milepoints 260.0 and 265.0. 0.1 million gallons per day for publicly-
owned point sources located between milepoints 265.0 and 271.1.
8.34 = Conversion factor (lbs./gal.).
C = 45 milligrams per liter concentrations of
BOD5 for publicly-owned point sources located between
milepoints 240.0 and 250.0, 250.0 and 260.0, and 265.0 and 271.1
60 milligrams per liter concentration of
BOD5 for publicly-owned point sources located between
milepoints 260.0 and 265.
(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:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment
effluent limitations for the point source as provided in ch. NR 284, or 220,
when applicable, expressed as pounds of BOD5 per ton of production.
Production = The maximum weekly off-machine production
during 1981 expressed as tons per day
(e) The baseline load for each
nonpublicly-owned point source with best practicable waste treatment effluent
limitations of BOD5 equal to or exceeding 500 pounds per
day located between milepoints 271.1 and 240.0 shall be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment
effluent limitations for the point source as provided in ch. NR 284 or 220,
when applicable, expressed as pounds of BOD5 per ton of production.
Production = The average weekly off-machine production
expressed as tons per day from March to December 1973 for point sources located
between milepoints 271.0 and 258.5 and the BPT permit limits for 1978 for point
sources located between milepoints 258.4 and 258.2 and the average weekly
off-machine production expressed as tons per day during 1974 for point sources
located between milepoints 258.19 and 249.0 and the average weekly off-machine
production expressed as tons per day during 1973 plus the woodroom allowance
for sources located between milepoints 248.9 and 240.0.
(f) The baseline load for each publicly-owned
point source located between milepoints 341.4 and 305.9 shall be calculated as
follows:
Baseline Load = (Q) (8.34) (30)
Where Q = The design flow for the publicly-owned point
source located between milepoints 341.4 and 313.2 and the year 2000 flow
projection for those located between milepoints 313.3 and 305.9 expressed in
millions of gallons per day.
8.34 = Conversion factor (lbs/gal.).
30 = Concentration of BOD5
expressed in milligrams per liter
(g) The baseline load for each
nonpublicly-owned point source located between milepoints 341.4 and 305.9 shall
be calculated as follows:
Baseline Load = (BPT) (Production)
Where BPT = The final best practicable waste treatment
effluent limitations for the point source as provided in ch. NR 284, expressed
as pounds of BOD5 per ton of production. If ch. NR 284 does not apply, the
best practicable waste treatment effluent limitations as determined under ch.
NR 220 shall apply.
Production = The annual average off-machine production
during 1978 expressed as tons per day.
(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
Point Source Allocation=BL (T) D
Where BL = The baseline load for the individual point
source calculated under sub. (1) (b)
T = The total maximum daily BOD 5 load available for
allocation as shown in Table 1-m minus the sum of the point source allocations
as determined in par. (a)
D = The sum of the baseline loads for nonpublicly-owned
point sources calculated under sub. (1) (b).
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
BOD5
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
BOD5 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 BOD5 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 BOD5 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
BOD5 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 BOD5 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
BOD5 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
BOD5 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.
