283.63 Annotation
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 (1981).
283.63 Annotation
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 Thiensville v. DNR,
130 Wis. 2d 276,
386 N.W.2d 519 (Ct. App. 1986).
283.63 Annotation
This section does not require DNR to hold a public hearing on a petition for review when the premise of the petition is that the permit fails to comply with basic requirements of the federal Clean Water Act and federal regulations promulgated thereunder. By approving the WPDES permit program and by failing to object to the permit, the EPA effectively determined that the permit complies with federal regulations. Requiring DNR to subsequently determine whether the permit complies with those same federal regulations would be to empower DNR to undercut the EPA's determination. Andersen v. Department of Natural Resources,
2011 WI 19,
332 Wis. 2d 41,
796 N.W.2d 1,
08-3235.
283.63 Annotation
Sewerage Commission of Milwaukee explicitly held that the commission's failure to follow the procedure set forth in this section precluded a later challenge under ch. 227, because this section is the exclusive method of administrative and judicial review of the DNR's action. Because the contested case procedure to challenge a pollution discharge elimination system permit is exclusive, it follows that no other procedure, whether a rule challenge, a declaratory judgment, or as here, a premature judicial review petition, can circumvent it. Clean Water Action Council of Northeast Wisconsin v. Department of Natural Resources,
2014 WI App 61,
354 Wis. 2d 286,
848 N.W.2d 336,
13-2112.
GENERAL PROVISIONS; ENFORCEMENT
283.81
283.81
Waiver. 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.
283.81 History
History: 1983 a. 410;
1995 a. 227 s.
850; Stats. 1995 s. 283.81.
283.82
283.82
Land application of sewage sludge. 283.82(1)
(1) The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.
283.82(2)
(2) 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.
283.82(3)
(3) 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).
283.82 History
History: 2005 a. 347.
283.83
283.83
Continuing planning process. 283.83(1)
(1) The department shall establish a continuing water quality management 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:
283.83(1)(a)
(a) Adequate effluent limitations and schedules of compliance;
283.83(1)(b)
(b) The incorporation of all elements of any applicable areawide water quality management plans, basin plans and statewide land use plans;
283.83(1)(e)
(e) Procedures for intergovernmental cooperation;
283.83(1)(f)
(f) Implementation procedures, including schedules of compliance, for revised or new water quality standards;
283.83(1)(g)
(g) Controls over the disposition of all residual waste from any water treatment processing;
283.83(1)(h)
(h) An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.
283.83(1m)(a)(a) The department shall approve or reject proposed revisions to the areawide water quality management plan for the area consisting of Dane County. The department shall base a decision under this paragraph on whether the proposed revision complies with the water quality standards under
s. 281.15. The department may place conditions on its approval of a proposed revision to the plan.
283.83(1m)(b)
(b) The department, or a person contracting with the department under
par. (f), may not require information concerning a proposed revision to the areawide water quality management plan for the area consisting of Dane County other than information that is reasonably necessary to determine whether the proposed revision complies with water quality standards under
s. 281.15.
283.83(1m)(c)1.1. Except as provided under
subd. 2., the department shall approve or reject a proposed revision to the areawide water quality management plan for the area consisting of Dane County no later than the 90th day after the day on which the department, or a person contracting with the department under
par. (f), receives the formal application for the proposed revision, including a letter from the applicant certifying that the proposed revision is consistent with water quality standards and information supporting the certification. If the department determines that the application is incomplete, the department shall notify the applicant in writing within 10 days after the department receives the application and may make only one request for additional information during the 90-day period under this subdivision.
283.83(1m)(c)2.
2. If the department does not approve or reject a proposed revision to the areawide water quality management plan by the 90th day after the day on which the request is received, the revision is approved on the 120th day after the day on which the department receives the formal application for the revision, unless the department petitions the circuit court for an order extending the time to act on the proposed revision. The court may issue an order extending the time for the department to act on the proposed revision by an amount it determines is reasonable.
283.83(1m)(e)
(e) The department may not contract with Dane County or any of its subunits, including the Dane County lakes and watershed commission, to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County.
283.83(1m)(f)
(f) Except as provided in
par. (e), the department may contract with a regional planning commission or other entity to provide advisory services relating to the review of proposed revisions to the areawide water quality management plan for the area consisting of Dane County, but the department may not delegate its authority to approve or reject proposed revisions. The deadline under
par. (c) 1. is not affected by a contract entered into under this paragraph.
283.83(2)
(2) 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.
283.83 History
History: 1973 c. 74;
1995 a. 227 s.
878; Stats. 1995 s. 283.83;
2007 a. 227;
2015 a. 55.
283.83 Cross-reference
Cross-reference: See also chs.
NR 121 and
212, Wis. adm. code.
283.84
283.84
Trading of water pollution credits. 283.84(1)
(1) The department shall administer a program for the trading of water pollution credits that is consistent with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to
sub. (1m), under the program the department 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:
283.84(1)(a)
(a) Reaches a binding, written agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants below the levels that would otherwise be authorized in the other person's permit.
283.84(1)(b)
(b) Reaches a binding, written 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 below the levels of water pollution that it causes when the agreement is reached.
283.84(1)(c)
(c) Reaches a binding, written 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 or to provide cost-sharing, for the purposes of
s. 281.16 (3) (e) or
(4), for projects to reduce water pollution.
283.84(1)(d)
(d) Reaches a binding, written agreement with the department under which the person reduces the discharge of pollutants under another permit that the person holds below the levels that would otherwise be authorized in the other permit.
283.84(1)(e)
(e) Reaches a binding, written agreement with the department under which the person constructs a project or implements a plan that results in reducing the amount of water pollution from sources other than the source covered by the permit.
283.84(1m)
(1m) Under the program, the department 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:
283.84(1m)(a)
(a) The agreement under
sub. (1) results in an improvement in water quality.
283.84(1m)(b)
(b) The increase in pollutants and the reduction in pollutants provided for in the agreement under
sub. (1) involve the same pollutant or the same water quality standard.
283.84(1m)(d)
(d) The increase in pollutants and the reduction in pollutants occur within the same basin or portion of a basin, as determined by the department.
283.84(3r)
(3r) The department shall include terms and conditions related to agreements under
sub. (1) in new and reissued permits.
283.84(4)
(4) The department shall modify the permits of persons entering into agreements under
sub. (1) to enable the agreements to be implemented and to include terms and conditions related to the agreements.
283.84(6)
(6) The department may promulgate rules for the administration of this section.
283.85
283.85
Design of publicly owned treatment facilities. 283.85(1)(1) The department shall encourage the design of publicly owned treatment works which provide for:
283.85(1)(a)
(a) The recycling of sewage pollutants by using them in agriculture, silviculture or aquaculture;
283.85(1)(b)
(b) The confined and contained disposal of those pollutants not recycled;
283.85(1)(d)
(d) The ultimate disposal of sludge in a manner not resulting in environmental hazards; and
283.85(1)(e)
(e) 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.
283.85(2)
(2) 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
281.57 or under
ss. 281.58 and
281.59, shall contain:
283.85(2)(a)
(a) 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
283.85(2)(b)
(b) A feasibility plan on using ultimate disposal of pollutants to land rather than to air or the waters of the state.
283.87
283.87
Liability for water pollution. 283.87(1)
(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,
31,
281,
285 or
289 to
299 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.
283.87(2)
(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).
283.87(3)
(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.
283.87(4)
(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.
283.87 Note
Note: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
283.89(1)(1) 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.
283.89(2)
(2) 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.
283.89(2m)
(2m) If the department finds a violation of
s. 283.33 (1) to
(8) 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 to
23.99 apply.
283.89(3)
(3) 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.
283.89(4)
(4) 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.
283.91
283.91
Civil and criminal remedies. 283.91(1)
(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.
283.91(2)
(2) 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) or
(2) 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.
283.91(3)
(3) 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.
283.91(4)
(4) 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.
283.91(5)
(5) 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).
283.91(6)
(6) For the purposes of
subs. (3) and
(4), the term “person" means in addition to the definition under
s. 283.01 (11), any responsible corporate officer.
283.93
283.93
Environmental pollution. Regulatory actions taken by the department to eliminate or control environmental pollution shall be exempt from the provisions of
s. 1.11, other than:
283.93(1)
(1) Involvement in federal financial assistance grants for the construction of publicly owned treatment works;
283.93(3)
(3) Issuance of permits or approvals for new sources of environmental pollution.
