283.35(3)(e)
(e) A water quality management plan containing requirements applicable to the point source is approved.
283.35 History
History: 1979 c. 221;
1995 a. 227 s.
853; Stats. 1995 s. 283.35;
2009 a. 28;
2013 a. 20.
283.37
283.37
Applications for permit. 283.37(1)
(1) The department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899,
33 USC 407 or under the federal water pollution control act, as amended,
33 USC 1251 to
1376. The rules may specify different requirements for permits issued under
s. 283.31 and for permits issued under
s. 283.33.
283.37(2)
(2) Any owner or operator of a point source for which a permit is required by
s. 283.31 (1) wishing to commence discharging pollutants into state waters from a new source, the construction of which commenced after July 22, 1973, shall submit a completed application not later than 180 days prior to the date on which it is desired to commence discharges.
283.37(3)
(3) The application form shall be signed as follows:
283.37(3)(a)
(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the principal executive officer's authorized representative responsible for the overall operation of the point source for which a permit is sought.
283.37(3)(aL)
(aL) In the case of a limited liability company, by a member or manager.
283.37(3)(b)
(b) In the case of a partnership, by a general partner.
283.37(3)(c)
(c) In the case of a sole proprietorship, by the proprietor.
283.37(3)(d)
(d) In the case of publicly owned treatment works or a municipal separate storm sewer system by a principal executive officer, ranking elected official, or other duly authorized employee.
283.37(4)
(4) Prior to the submittal of a permit application for a publicly owned treatment works, each person discharging into such works who is subject to
s. 299.15 and rules promulgated thereunder shall submit a discharge report to the owner or operator of such works upon request. The report shall state the person's current discharges, and maximum discharges based on reasonably foreseeable projections of production increases, process modification or facility expansions during the next 5 years. The owner or operator of such publicly owned treatment works shall submit the discharge reports to the department as part of the permit application. The form of the discharge report shall be prescribed by department rule.
283.37(5)
(5) The department may require the applicant to submit information in addition to that supplied on the permit application.
283.37(6)
(6) Subsections (1) to
(5) do not apply to an owner or operator of a point source eligible for coverage under a general permit under
s. 283.35 and rules promulgated by the department under that section. The department may require the owner or operator to submit information regarding any discharge.
283.37 History
History: 1973 c. 74;
1979 c. 221 ss.
650d,
650dg,
2202 (39);
1993 a. 16,
112,
482;
1995 a. 227 s.
854; Stats. 1995 s. 283.37.
283.37 Cross-reference
Cross-reference: See also s.
NR 200.01, Wis. adm. code.
283.39(1)(1) The department shall promulgate by rule procedures for providing to interested members of the public notices of each complete application for a permit. Procedures for providing public notices shall include at least the following:
283.39(1)(a)
(a) Publication of the notice as a class 1 notice under
ch. 985;
283.39(1)(b)
(b) Mailing of the notice to any person or group upon request.
283.39(1)(c)
(c) Publication of the notice through an electronic notification system established by the department.
283.39(1)(d)
(d) Publication of the notice on the department's Internet Web site.
283.39(1m)
(1m) Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.
283.39(2)
(2) The department shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the permit application. All written comments submitted during the period for comment shall be retained by the department and considered in the formulation of the final determinations for the permit application.
283.39(3)
(3) The department shall by rule prescribe the form and content of public notices issued under
sub. (1). Every such notice issued by the department shall include at least the following information:
283.39(3)(b)
(b) A brief description of each applicant's activities or operations which result in the discharge described in the application;
283.39(3)(bg)
(bg) Information indicating where the complete application may be viewed on the department's Internet Web site.
283.39(3)(c)
(c) The name of the waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or existing discharge;
283.39(3)(d)
(d) A statement of the tentative determination to issue or deny a permit for the discharge described in the application;
283.39(3)(dm)
(dm) If the applicant applied, under
s. 283.15 (2) (a), for a variance, as defined in
s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in
s. 283.15 (4) (a) 1. a. to
e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;
283.39(3)(e)
(e) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required under
sub. (2).
283.39 History
History: 1973 c. 74;
1975 c. 349;
1995 a. 227 s.
866; Stats. 1995 s. 283.39;
2011 a. 32,
167.
283.41
283.41
Notice to other government agencies. 283.41(1)
(1) The department shall promulgate by rule procedures for notifying the U.S. environmental protection agency, the U.S. army corps of engineers, other states potentially affected by the proposed discharge, and any other interested agency or unit of government of any complete application or proposed modification thereof for a permit.
283.41(2)
(2) The department shall provide the U.S. environmental protection agency a period of time not to exceed 90 days to submit to the department its written views, recommendations or objections. All other interested government agencies and affected states shall be given 30 days to submit to the department written views or recommendations.
283.41(3)
(3) When the department receives an application for a permit for a discharge that would 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 application 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.
283.41 History
History: 1973 c. 74;
1975 c. 349;
1995 a. 227 s.
869; Stats. 1995 s. 283.41;
2007 a. 227.
283.43
283.43
Public access to information. 283.43(1)(a)(a) The department shall make available to and provide facilities for the public to inspect and copy completed permit application forms, fact sheets, draft permits, or any public document thereon.
283.43(1)(b)
(b) The department shall make available to the U.S. environmental protection agency any completed permit application forms, fact sheets, draft permits, or any public comments thereon, and shall also make available any other records, reports, plans or other information obtained by the department under this chapter.
283.43(2)
(2) The department shall protect as confidential any information, other than effluent data, contained in permit application forms, or in other records, reports or plans, that is found to be confidential under
s. 283.55 (2) (c).
283.43(3)
(3) Any information afforded confidential status may be disclosed by the department to the U.S. environmental protection agency or its authorized representative.
283.43 History
History: 1973 c. 74;
1995 a. 227 s.
870; Stats. 1995 s. 283.45.
283.45(1)(1) For every discharge which has a total volume of more than 500,000 gallons on any day of the year, except a storm water discharge for which a permit is issued under
s. 283.33, the department shall, following public notice, prepare and send to any person who so requests, a fact sheet concerning the application described in the public notice.
283.45(2)
(2) The contents of such fact sheets shall be established by the department by rule and shall include at least the following information:
283.45(2)(a)
(a) A sketch or detailed description of the location of the discharge described in the application;
283.45(2)(b)
(b) A quantitative description of the discharges described in the application;
283.45(2)(c)
(c) A statement of the tentative determination to issue or deny the permit application;
283.45(2)(d)
(d) If a determination to issue a permit is made, then the following information shall also be included:
283.45(2)(d)1.
1. The proposed effluent limitation for those pollutants proposed to be limited;
283.45(2)(d)2.
2. A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations;
283.45(2)(d)3.
3. A brief description of any other proposed special conditions which will have a significant impact upon the discharge described in the application;
283.45(2)(e)
(e) A brief description of the uses for which the receiving waters have been classified, of the applicable water quality standards and effluent standards;
283.45(2)(f)
(f) A more detailed description of the procedures for the formulation of final determinations than that given in the public notice.
283.45(3)
(3) If the department proposes to include a water quality based effluent limitation in the permit, a fact sheet prepared under this section shall include all of the following:
283.45(3)(a)
(a) A description of the calculation used by the department to derive the water quality based effluent limitation.
283.45(3)(b)
(b) A discussion of the rationale used by the department to determine whether or not a compliance schedule for the water quality based effluent limitation shall be included in the proposed permit and the rationale used to develop any such schedule. The discussion shall include a description of treatment technologies or control strategies that may be available to the permittee for achieving compliance with the water quality based effluent limitation.
283.45(3)(c)
(c) The assumptions and information used by the department to calculate the mixing zone for the discharge.
283.45 History
History: 1973 c. 74;
1987 a. 60;
1993 a. 16;
1995 a. 227 s.
867; Stats. 1995 s. 283.45.
283.45 Cross-reference
Cross-reference: See also ch.
NR 201, Wis. adm. code.
283.47
283.47
Requests for information by permittee. When a permit for which a fact sheet is required to be prepared under
s. 283.45 is issued, reissued or modified, if the permittee submits, during the public comment period afforded under
s. 283.39, to the department a written request for information on the background levels in the receiving water of substances for which a water quality based effluent limitation under
s. 283.13 (5) is included in the proposed permit, the department shall, to the extent the information is available, provide to the permittee no later than the time that the permit is issued, reissued or modified such information or list of documents which present such information. Nothing in this section limits rights under
ss. 19.31 to
19.37.
283.47 History
History: 1987 a. 60;
1995 a. 227 s.
868; Stats. 1995 s. 283.47.
283.49(1)(a)(a) The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the public notice of the complete permit application is provided and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.
283.49(1)(b)
(b) The department shall hold a public hearing on a permit application or a group of applications if requested by the U.S. environmental protection agency, any affected state, on the petition of 5 or more persons or if the department deems that there is a significant public interest in holding such a hearing.
283.49(1)(c)
(c) The department shall promulgate by rule procedures for the conduct of public hearings held under this section. Hearings held under this section are not contested cases under
s. 227.01 (3).
283.49(2)(a)(a) Public notice of any hearing held under this section shall be provided in accordance with the requirements of
s. 283.39 (1) and the public notice shall be considered to be provided on the date specified in
s. 283.39 (1m).
283.49(2)(b)
(b) The form and content of such public notice shall be established by departmental rule.
283.49 History
History: 1973 c. 74;
1985 a. 182 s.
57;
1995 a. 227 s.
871; Stats. 1995 s. 283.49;
2011 a. 167.
283.49 Cross-reference
Cross-reference: See also s.
NR 203.04, Wis. adm. code.
283.51
283.51
Mining hearing. If a hearing on the permit application is conducted as a part of a hearing under
s. 293.43, the notice, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of
ss. 283.39,
283.41 and
283.49.
283.51 History
History: 1979 c. 221;
1995 a. 227 s.
872; Stats. 1995 s. 283.51.
283.53
283.53
Permit duration, modification, revocation and reissuance. 283.53(1)(1) No permit issued by the department under
s. 283.31 or
283.33 shall have an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit for a term of not more than 5 years, subject to
sub. (3).
283.53(2)(a)(a) Any permit issued by the department under
s. 283.31 or
283.33 may, after an opportunity for hearing, be modified, terminated, or revoked and reissued, in whole or in part, for cause, including but not limited to:
283.53(2)(a)2.
2. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
283.53(2)(a)3.
3. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
283.53(2)(b)
(b) Whenever, on the basis of any information available to it, the department finds that there is cause for modifying, terminating, or revoking and reissuing a permit, in whole or in part, the department shall notify the permittee by certified mail or personal service of its intention to modify, terminate, or revoke and reissue the permit, in whole or in part, except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department may notify the permittee by electronic mail. Such notice shall specify the information upon which the department relies, and if the department intends to modify the permit, shall explain the modifications which the department intends to make in the permit.
283.53(2)(c)
(c) The department shall also notify the U.S. environmental protection agency, the U.S. army corps of engineers, any affected state, any interested agency of this state, and any interested members of the public of its intention to modify, terminate, or revoke and reissue a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be provided to members of the public in accordance with
s. 283.39 (1), except that if the department proposes to modify a permit to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation, the department is not required to provide notice of the substantial change under
s. 283.39 (1) (a). The department shall provide a 14-day period, from the date on which notice is provided under
s. 283.39 (1) (d), for written comments on a proposed modification to authorize a substantial change to a nutrient management plan.
283.53(2)(d)
(d) The department may hold a public hearing on a proposed permit modification, termination, or revocation and reissuance if the department determines that there is a significant public interest in holding such a hearing or upon the petition of 5 or more persons. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. A petition for a hearing on a proposed permit modification to authorize a substantial change to a nutrient management plan of a concentrated animal feeding operation shall be filed within 14 days of the date notice is provided under
s. 283.39 (1) (d).
283.53(2)(e)
(e) Public notice of any hearing held under this section shall be provided in accordance with the requirements of
pars. (b) and
(c).
