1995 Wisconsin Act 227

(5) Nonapplicability. This section does not apply to any water quality based effluent limitation established under s. 147.04 283.13 (5).

227,860 Section 860 . 147.04 of the statutes is renumbered 283.13, and 283.13 (2) (intro.), (b) 2. and (d), (3) (a), (b) 1. (intro.) and (d) and (4) (intro.), as renumbered, are amended to read:

283.13 (2) Sources other than public treatment works. (intro.) The discharge from any point source, other than a publicly owned treatment works or a source of storm water permitted under s. 147.021 283.33, shall comply with the following requirements:

(b) 2. The application of any applicable pretreatment requirements or any other requirements under s. 147.07 283.21 to any point source discharging pollutants into a publicly owned treatment works.

(d) Other toxic pollutants; compliance within 3 years after limitations are established. Compliance with effluent limitations under par. (b) with respect to all toxic pollutants included on the list promulgated under s. 147.07 283.21 (1) (a) but which are not included in the table referred to under par. (c) not later than 3 years after the date the effluent limitations are established.

(3) (a) Maximum use of technology and reasonable progress. The department may modify the requirements of sub. (2) (f) in accordance with s. 147.20 283.63 for any point source for which a permit application is filed after July 1, 1977 if the owner or operator of the point source satisfactorily demonstrates to the department that the modified requirements will represent the maximum use of technology within the economic capability of the owner or operator and will result in reasonable further progress toward the national goal of elimination of the discharge of pollutants as stated in the federal water pollution control act, as amended, 33 USC 1251 to 1376.

(b) 1. (intro.) The department with the concurrence of the U.S. environmental protection agency shall modify the requirements of sub. (2) (f) with respect to the discharge of any pollutant other than heat from any point source upon a showing by the owner or operator of the point source satisfactory to the department in a proceeding under s. 147.20 283.63 that:

(d) No modification for toxic pollutants. Notwithstanding pars. (a) and (b), the department may not modify any requirement of this subsection or sub. (2) applicable to any toxic pollutant which is on the list promulgated under s. 147.07 283.21 (1).

(4) Effluent limitations for public treatment works. (intro.) Discharges from publicly owned treatment works, except storm water discharges for which a permit is issued under s. 147.021 283.33, shall comply with the following requirements:

227,861 Section 861 . 147.05 of the statutes is renumbered 283.15, and 283.15 (1), (2) (a) and (e), (3), (4) (c), (5) (a), (b) and (c) 1. and 2. (intro.), (9) and (10), as renumbered, are amended to read:

283.15 (1) Definition. In this section, “variance" means a variance to a water quality standard adopted under s. 144.025 (2) (b) 281.15.

(2) (a) 1. When the department issues, reissues or modifies a permit to include a water quality based effluent limitation under s. 147.04 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.

2. After an application for a variance is submitted to the department, and until the last day for seeking review of the secretary's final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 147.04 283.13 (5) and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 147.20 283.63. For those provisions for which an application for variance has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

(e) Within 30 days after the department receives a complete application for a variance, the department shall circulate to the parties in s. 147.03 283.53 (2) (c) a public notice of receipt of the application for a variance and of any deadlines for submission of written arguments on facts and law by interested parties. In the public notice, the department shall establish a deadline for submitting written comments on the application.

(3) Tentative decision. The secretary shall issue a tentative decision on the variance within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the parties in s. 147.03 283.53 (2) (c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub. (4) (a) 1. a. to e., the department shall include in the notice under this subsection a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

(4) (c) Within 30 days after the date of the decision under par. (a) 1., the department shall issue the notice required under s. 147.03 283.53 (2) (b) and (c) of its intent to modify the permit to incorporate the decision to approve all or part of a variance or to modify and approve the variance. Section 147.03 283.53 (2) (d) does not apply to the proposed permit modification.

(5) (a) A variance applies only to the permittee requesting the variance and to the pollutant specified in the variance. A variance does not affect or require the department to modify the corresponding water quality standard adopted under s. 144.025 (2) (b) 281.15.

(b) A variance applies for the term established by the secretary, but not to exceed 3 years. The term of the initial variance and any renewals thereof may not exceed the time that the secretary determines is necessary to achieve the water quality based effluent limitation. Initial and interim effluent limitations established under par. (c) 1. apply, as appropriate, for the term of the underlying permit as issued, reissued or modified to implement the decision under sub. (4) (b) or as extended by operation of s. 227.51 (2). Notwithstanding sub. (4) (d), s. 227.51 (2) shall apply for the purposes of continuing the provisions of a permit pending the issuance or reissuance of a permit. Upon the issuance or reissuance of the new permit, sub. (2) (a) 2. and s. 147.20 283.63 (1) (am) apply.

(c) 1. Compliance with an initial effluent limitation which at the time the variance is approved represents the level currently achievable by the permittee. At the time a variance is approved a compliance schedule and an interim effluent limitation that is achievable by the permittee during the term of the variance may be specified. The initial and the interim effluent limitations may not be less stringent than a categorical effluent limitation that applies to the permittee under s. 147.04 283.13 (2) or (4) or 147.06 283.19 or a toxic effluent standard that applies to the permittee under s. 147.07 283.21.

2. (intro.) Investigation of treatment technologies, process changes, wastewater reuse or other techniques that may result in compliance by the permittee with the water quality standard adopted under s. 144.025 (2) (b) 281.15, and submission of reports on the investigations at such times as required by the department. The secretary shall modify or waive the requirements specified in this subdivision if the secretary determines, based upon comments received on the tentative decision under sub. (3), that the requirements of this subdivision are:

(9) Relation to permit review. If the secretary approves part or all of a variance or modifies and approves the variance under this section and the department issues a modified water quality based effluent limitation under s. 147.20 283.63 for the same substance, the permittee shall comply with the least stringent of the 2 effluent limitations.

(10) Applicability. (a) Subsections (2) to (5) do not apply if the water quality based effluent limitation results from the decision of the department under s. 147.20 283.63 to make the water quality based effluent limitation less stringent than the effluent limitation in the permit as issued, reissued or modified.

(b) Subsections (2) to (5) apply if the water quality based effluent limitation results from the decision of the department under s. 147.20 283.63 to make the water quality based effluent limitation more stringent than the effluent limitation in the permit as issued, reissued or modified.

(c) This section does not apply to the issuance, reissuance or modification of a permit to incorporate a toxic effluent standard or prohibition promulgated by rule under s. 147.035 283.11 (4) or 147.07 283.21.

227,862 Section 862 . 147.055 of the statutes is renumbered 283.17 and amended to read:

283.17 Thermal effluent limitations. (1) Any thermal effluent limitation proposed by the department may be modified by it in accordance with s. 147.20 283.63, if the owner or operator of the point source which is the subject of the proposed limitation demonstrates to the satisfaction of the department that the proposed limitation is more stringent than necessary to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is made.

(2) Any point source of a discharge having a thermal component, the modification of which is commenced after October 18, 1972, and which, as modified, meets the most stringent effluent limitation established under s. 147.04 283.13 or sub. (1) and this subsection, where the limitation assures protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal component during either the 10-year period beginning on the date of completion of the modification or the period of depreciation or amortization of the facility for the purpose of section 167 or 169 of the internal revenue code, whichever ends first.

227,863 Section 863 . 147.06 of the statutes is renumbered 283.19, and 283.19 (1), as renumbered, is amended to read:

283.19 (1) The department shall, by rule, promulgate standards of performance, for each class or category of sources referred to under s. 147.04 283.13 (1) that is required to be covered by permits issued under s. 147.02 283.31, which shall reflect the greatest degree of effluent reduction achievable through the application of the best available demonstrated control technology, processes, operating methods, or other alternatives. Where practicable, a standard of performance permitting no discharge of pollutants shall be adopted.

227,864 Section 864 . 147.07 of the statutes is renumbered 283.21, and 283.21 (1) (b) and (g), as renumbered, are amended to read:

283.21 (1) (b) Effluent standards. The department may promulgate by rule an effluent standard, which may include a prohibition, establishing requirements for a toxic pollutant which, if an effluent limitation is applicable to a class or category of point sources, is applicable to that category or class of point sources only if this effluent standard imposes more stringent requirements than are imposed under s. 147.04 283.13 (2) (b). An effluent standard promulgated under this section shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of affected organisms in any waters, the importance of affected organisms, the nature and extent of the effect of the toxic pollutant on these organisms and the extent to which effective control is being or may be achieved under other regulatory authority.

(g) Procedure for promulgation in absence of federal standards. In promulgating rules establishing a toxic effluent standard or prohibition for which the U.S. environmental protection agency has not promulgated a toxic effluent limitation, standard or prohibition, the department shall follow the additional procedures specified in s. 147.035 283.11 (4) (d).

227,865 Section 865 . 147.08 of the statutes is renumbered 283.55, and 283.55 (title), (1) (intro.), (2) (a) and (3), as renumbered, are amended to read:

283.55 (title) Monitoring and reporting; access to premises. (1) Monitoring and reporting requirements. (intro.) Every owner or operator of a point source who is required to obtain a permit issued under s. 147.02 283.31 shall:

(2) (a) Any duly authorized officer, employe or representative of the department shall have right to enter upon or through any premises in which an effluent source that is required to be covered by a permit issued under s. 147.02 283.31 is located or in which any records required to be maintained by this section are located, and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by this section, and sample any effluents which the owner and operator of such source is required to sample under this section.

(3) Construction of law. Subsection (1) shall be construed so as not to require actions unnecessarily redundant with s. 144.96 299.15. When a publicly owned treatment facility is required under state or federal law to monitor discharges into its system, records of such monitoring provided to the department, if substantially in compliance with the requirements of this section, shall serve in the place of the monitoring which would ordinarily be required of a person discharging into such system. Nothing in this section shall be construed to affect the validity of s. 144.96 299.15, nor shall that section be construed to limit the application of this section.

227,866 Section 866 . 147.09 of the statutes is renumbered 283.39.

227,867 Section 867 . 147.10 of the statutes is renumbered 283.45, and 283.45 (1), as renumbered, is amended to read:

283.45 (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. 147.021 283.33, 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.

227,868 Section 868 . 147.105 of the statutes is renumbered 283.47 and amended to read:

283.47 Requests for information by permittee. When a permit for which a fact sheet is required to be prepared under s. 147.10 283.45 is issued, reissued or modified, if the permittee submits, during the public comment period afforded under s. 147.09 283.39, 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. 147.04 283.13 (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.

227,869 Section 869 . 147.11 of the statutes is renumbered 283.41.

227,870 Section 870 . 147.12 of the statutes is renumbered 283.43, and 283.43 (2), as renumbered, is amended to read:

283.43 (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. 147.08 283.55 (2) (c).

227,871 Section 871 . 147.13 of the statutes is renumbered 283.49, and 283.49 (2) (a), as renumbered, is amended to read:

283.49 (2) (a) Public notice of any hearing held under this section shall be circulated in accordance with the requirements of s. 147.09 283.39 (1).

227,872 Section 872 . 147.135 of the statutes is renumbered 283.51 and amended to read:

283.51 Mining hearing. If a hearing on the permit application is conducted as a part of a hearing under s. 144.836 293.43, the notice, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of ss. 147.09, 147.11 283.39, 283.41 and 147.13 283.49.

227,873 Section 873 . 147.14 of the statutes is renumbered 283.59, and 283.59 (2) (intro.) and (b) and (4), as renumbered, are amended to read:

283.59 (2) (intro.) Any person discharging, or intending to begin discharging, into a publicly owned treatment works who is or will become subject to the discharge reporting requirements of s. 147.025 283.37 (4), shall give notice to the department and the owner or operator of such works the following:

(b) Any types or volumes of pollutants being introduced into such treatment works which were not described in the report submitted under s. 147.025 283.37 (4).

(4) Notice of a new or increased discharge submitted to the department under this section shall be given at least 180 days prior to the date such new or increased discharge shall commence. The department, through the department of justice as provided under s. 147.29 283.89, may enforce violations of this section directly against persons subject to s. 147.025 283.37 (4).

227,874 Section 874 . 147.15 of the statutes is renumbered 283.57.

227,875 Section 875 . 147.20 of the statutes is renumbered 283.63, and 283.63 (1) (intro.), (a) and (am), (3), (4) and (5), as renumbered, are amended to read:

283.63 (1) (intro.) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension or revocation, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under s. 147.055 283.17 or any water quality based effluent limitation established under s. 147.04 283.13 (5). Such review shall be accomplished in the following manner:

(a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate a notice of public hearing in accordance with the requirements of s. 147.09 283.39 (1) at least 10 days prior to holding a public hearing thereon.

(am) After a verified petition for review is filed and until the last day for seeking review of the department's decision or a later date fixed by order of the reviewing court, any term or condition, thermal effluent limitation or water quality based effluent limitation which is the subject of the petition is not effective. All other provisions of the permit continue in effect except those for which an application for a variance has been submitted under s. 147.05 283.15. For those provisions for which a petition for review has been submitted under this section, the corresponding or similar provisions of the prior permit continue in effect until the last day for seeking review of the department's final decision or a later date fixed by order of the reviewing court.

(3) Subsections (1) and (2) do not apply if a hearing on the permit application is conducted as a part of a hearing under s. 144.836 293.43.

(4) Subsections (1) and (2) do not apply to the modification of a permit which implements a decision under s. 147.05 283.15 or the denial of a request for a variance under s. 147.05 283.15. A proceeding under subs. (1) and (2) shall not be delayed pending completion of the review of a variance request under s. 147.05 283.15.

(5) Rules promulgated under s. 144.025 (2) (b) 281.15 may not be reviewed under this section. The application of rules promulgated under s. 144.025 (2) (b) 281.15 may be reviewed under this section.

227,876 Section 876 . 147.21 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.91, and 283.91 (1) and (6), as renumbered, are amended to read:

283.91 (1) The department of justice, upon a referral pursuant to s. 147.29 283.89, 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.

(6) For the purposes of subs. (3) and (4), the term “person" means in addition to the definition under s. 147.015 283.01 (11), any responsible corporate officer.

227,877 Section 877 . 147.23 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 283.87, and 283.87 (1) and (2), as renumbered, are amended to read:

283.87 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. chs. 30, 31 or 144, 281, 285 or 289 to 299, except s. 281.48, 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, as defined under s. 144.01 (3), 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).

227,878 Section 878 . 147.25 of the statutes is renumbered 283.83.

227,879 Section 879 . 147.26 of the statutes is renumbered 283.85 and 283.85 (2) (intro.), as renumbered, is amended to read:

283.85 (2) (intro.) All plans submitted under s. 144.04 281.41 after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59, shall contain:

227,880 Section 880 . 147.27 of the statutes is renumbered 283.95.

227,881 Section 881 . 147.29 of the statutes is renumbered 283.89, and 283.89 (1), (2m) and (3), as renumbered, are amended to read:

283.89 (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, the department shall refer the matter to the department of justice for enforcement under s. 147.21 283.91.

(2m) If the department finds a violation of s. 147.021 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 147.21 283.91 (2), the department shall issue a citation and the procedures in ss. 23.50 to 23.99 apply.

(3) In any criminal action commenced under s. 147.21 283.91, 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.

227,882 Section 882 . 147.30 of the statutes is renumbered 283.93, and 283.93 (2), as renumbered, is amended to read:

283.93 (2) Financial assistance under s. 144.21 281.55 or 144.24 281.57 or under ss. 144.241 281.58 and 144.2415 281.59; and

227,883 Section 883 . Chapter 159 (title) of the statutes is renumbered chapter 287 (title) and amended to read:

CHAPTER 287

SOLID WASTE reduction,
recovery and recycling

227,884 Section 884 . Subchapter I (title) of chapter 159 [precedes 159.01] of the statutes is renumbered subchapter I (title) of chapter 287 [precedes 287.01].

227,885 Section 885 . 159.01 of the statutes is renumbered 287.01, and 287.01 (7), (9), (10), (11), (12), (15) and (16), as renumbered, are amended to read:

287.01 (7) “Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s. 144.61 (5) 291.01 (7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 144.44 (7) (a) 1 289.01 (17).

(9) “Responsible unit" means a municipality, county, another unit of government, including a federally recognized Indian tribe or band in this state, or solid waste management system under s. 59.07 (135), that is designated under s. 159.09 287.09 (1).

(10) “Solid waste" has the meaning given in s. 144.01 (15) 289.01 (33).

(11) “Solid waste disposal" has the meaning given in s. 144.43 (4r) 289.01 (34).

(12) “Solid waste facility" has the meaning given in s. 144.43 (5) 289.01 (35).

(15) “Solid waste storage" has the meaning given in s. 144.43 (7g) 289.01 (38).

(16) “Solid waste treatment" has the meaning given in s. 144.43 (7r) 289.01 (39).

227,886 Section 886 . 159.03 of the statutes, as affected by 1993 Wisconsin Act 75 and 1995 Wisconsin Act 27, is renumbered 287.03.