The judicial review procedure under this section, in conjunction with s. 227.05, 1983 stats [now s. 227.40], is exclusive. Sewerage Commission of Milwaukee v. DNR, 102 Wis. 2d 613
, 307 N.W.2d 189
Timely review under s. 147.20 [now s. 283.63] of a modified permit does not reopen for consideration those unmodified portions of the permit for which the review period has expired. Village of Theinsville v. DNR, 130 Wis. 2d 276
, 386 N.W.2d 519
(Ct. App. 1986).
"Review," as used in this section, does not refer to an issue raised during the public comment period, but to a prior action taken by the DNR. "Review" does not limit the hearing under this section to matters previously raised, nor does the word "anew" in sub. (1) (b) manifest an unambiguous legislative intent to restrict the scope of a hearing under this section. The legislature replaced the phrase "de novo" with the term "anew" when removing Latin terms from the statutes. "Anew" therefore refers to the standard of review by which the DNR must analyze its prior action concerning a permit denial, modification, suspension, or revocation. Nothing in this section expressly limits the hearing to matters considered during public comment. Andersen v. Department of Natural Resources, 2010 WI App 64, ___ Wis. 2d ___, 783 N.W.2d 877
GENERAL PROVISIONS; ENFORCEMENT
The department may waive compliance with any requirement of this chapter or shorten the time periods under this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare.
History: 1983 a. 410
; 1995 a. 227
; Stats. 1995 s. 283.81.
Land application of sewage sludge. 283.82(1)
The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.
No city, village, town, or county may prohibit, through zoning or any other means, the application of sewage sludge to land if that application complies with this section and rules promulgated under this section.
A city, village, town, or county may regulate the application of sewage sludge to land if the regulation is identical to regulations of the department under sub. (1)
History: 2005 a. 347
Continuing planning process. 283.83(1)
The department shall establish a continuing water pollution control planning process which is consistent with applicable state requirements. The continuing planning process shall result in plans for all waters of the state, which plans shall include:
Adequate effluent limitations and schedules of compliance;
The incorporation of all elements of any applicable areawide waste management plans, basin plans and statewide land use plans;
Procedures for intergovernmental cooperation;
Implementation procedures, including schedules of compliance, for revised or new water quality standards;
Controls over the disposition of all residual waste from any water treatment processing;
An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.
When the department receives for review or prepares a new plan under sub. (1)
or a revision to a plan under sub. (1)
that includes a proposal to return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.
History: 1973 c. 74
; 1995 a. 227
; Stats. 1995 s. 283.83; 2007 a. 227
See also chs. NR 121
, Wis. adm. code.
Trading of water pollution credits. 283.84(1)
The department shall administer at least one pilot project to evaluate the trading of water pollution credits. The department may only administer a pilot project if the pilot project is consistent with the federal Water Pollution Control Act, 33 USC 1251
. Subject to sub. (1m)
, a pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:
Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.
Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.
Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7)
, under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.
A pilot project may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:
The authorized increase in pollutants and the reduction in pollution provided for in the agreement under sub. (1) (a)
involve the same pollutant or the same water quality standard.
The department may select an area as a project area under this section only if all of the following apply:
The area is the watershed or a portion of the watershed of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313
(d) (1) (A).
The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.
Potential participants located in the area exhibit an interest in participating in a pilot project.
The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include representatives of persons in the project area who hold permits.
The department shall amend the permits of persons entering into agreements under sub. (1)
to enable the agreements to be implemented.
Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.
Design of publicly owned treatment facilities. 283.85(1)(1)
The department shall encourage the design of publicly owned treatment works which provide for:
The recycling of sewage pollutants by using them in agriculture, silviculture or aquaculture;
The confined and contained disposal of those pollutants not recycled;
The ultimate disposal of sludge in a manner not resulting in environmental hazards; and
The integration of facilities for sewage disposal with other facilities designed to dispose of solid waste and thermal pollution, for the purpose of producing revenues in excess of cost in the operation of the integrated facility.
All plans submitted under s. 281.41
after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under s. 281.55
or under ss. 281.58
, shall contain:
Adequate analysis and data establishing that the works or modification is the most cost efficient method of meeting limitations and standards required of the facility; and
A feasibility plan on using ultimate disposal of pollutants to land rather than to air or the waters of the state.
Liability for water pollution. 283.87(1)
Department may recover costs.
In an action against any person who violates this chapter or any provision of s. 29.601
or chs. 30
relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.
(2) Adverse effects.
The department may introduce evidence of the environmental pollution that resulted from the unlawful discharge or deposit and evidence of the potential of the water environment for public use if the unlawful discharge or deposit had not occurred in order to assist the court in determining the adverse effects upon the water environment resulting from the unlawful discharge or deposit and in determining the amount of liability under sub. (1)
(3) Administration of award.
The court shall administer an award made under this section. An award made under this section may be used to remove, terminate or remedy the adverse effects of the discharge or deposit, to restore or develop the water environment for public use or to provide grants to municipalities consistent with any court order.
(4) Aids to municipalities; environmental damage compensation.
The department may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (dv)
. Use and administration of the grant shall be consistent with any court order issued under sub. (3)
. A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.
Note: 2005 Wis. Act 347
, which affected this section, contains extensive explanatory notes.
Except as provided in sub. (2m)
, whenever on the basis of any information available to it the department finds that any person is violating this chapter, any rule adopted thereunder or any term or condition of any permit issued pursuant to this chapter, including general permits issued under s. 283.35
, the department shall refer the matter to the department of justice for enforcement under s. 283.91
The department of justice shall initiate the legal action requested by the department under sub. (1)
. In any action commenced by it under this subsection, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department.
If the department finds a violation of s. 283.33 (1)
for which a person is subject to a forfeiture under s. 283.91 (2)
, the department may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50
In any criminal action commenced under s. 283.91
, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance.
Any civil action on a violation shall be commenced in the circuit court for the county in which the violation occurred in whole or in part, unless all the parties consent to the commencement of the action in the circuit court for Dane County. Any criminal action on a violation shall be commenced in the circuit court for the county in which the violation occurred.
Civil and criminal remedies. 283.91(1)
The department of justice, upon a referral pursuant to s. 283.89
, may initiate a civil action for a temporary or permanent injunction for any violation of this chapter or any rule promulgated thereunder or of a term or condition of any permit issued under this chapter.
Any person who violates this chapter, any rule promulgated under this chapter, any term or condition of a permit issued under this chapter, or any rule promulgated or order issued under s. 200.45 (1)
shall forfeit not less than $10 nor more than $10,000 for each day of violation, except that the minimum forfeiture does not apply if the point source at which the violation occurred is an animal feeding operation.
Any person who willfully or negligently violates this chapter, any rule promulgated under this chapter or any term or condition of a permit issued under this chapter shall be fined not less than $10 nor more than $25,000 per day of violation, or imprisoned for not more than 6 months or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the person shall be fined not less than $10 nor more than $50,000 per day of violation, or imprisoned for not more than one year in the county jail or both. The minimum forfeiture does not apply if the point source at which the violation occurred is an animal feeding operation. In determining the amount of the fine under this subsection, the court shall assess an amount which represents an actual and substantial economic deterrent to the action which was the basis of the conviction.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6 months or both.
In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh)
For the purposes of subs. (3)
, the term "person" means in addition to the definition under s. 283.01 (11)
, any responsible corporate officer.
Regulatory actions taken by the department to eliminate or control environmental pollution shall be exempt from the provisions of s. 1.11
, other than:
Involvement in federal financial assistance grants for the construction of publicly owned treatment works;
Issuance of permits or approvals for new sources of environmental pollution.
Except as provided in this chapter, nothing in this chapter shall be deemed to supersede any other statute or session law.
History: 1973 c. 74
; 1995 a. 227
; Stats. 1995 s. 283.95.