1995 Wisconsin Act 227

227,853 Section 853 . 147.023 of the statutes is renumbered 283.35.

227,854 Section 854 . 147.025 of the statutes is renumbered 283.37, and 283.37 (1), (2), (4) and (6), as renumbered, are amended to read:

283.37 (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. 147.02 283.31 and for permits issued under s. 147.021 283.33.

(2) Any owner or operator of a point source for which a permit is required by s. 147.02 283.31 (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.

(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. 144.96 299.15 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.

(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. 147.023 283.35 and rules promulgated by the department under that section. The department may require the owner or operator to submit information regarding any discharge.

227,855 Section 855 . 147.03 of the statutes is renumbered 283.53, and 283.53 (1), (2) (a) (intro.) and (c), (2d) (intro.), (2h) and (3) (d), (e) and (f), as renumbered, are amended to read:

283.53 (1) No permit issued by the department under s. 147.02 283.31 or 147.021 283.33 shall have a term for more than 5 years.

(2) (a) (intro.) Any permit issued by the department under s. 147.02 283.31 or 147.021 283.33 may, after an opportunity for hearing, be modified, suspended or revoked, in whole or in part, for cause, including but not limited to:

(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, suspend or revoke a permit. Such notice shall incorporate the terms of the notice sent to the permittee and shall be circulated to members of the public in accordance with s. 147.09 283.39 (1).

(2d) (intro.) The department may, with the consent of the permittee, modify a permit issued under s. 147.02 283.31 or 147.021 283.33 without following the procedures in sub. (2) (b) to (f) in order to do any of the following:

(2h) The department may, with the consent of the permittee, revoke a permit issued under s. 147.02 283.31 or 147.021 283.33 without following the procedures in sub. (2) (b) to (f).

(3) (d) The department shall adhere to the notice and public participation procedures specified in ss. 147.09 283.39 to 147.13 283.49 in connection with each request for reissuance of a permit.

(e) Notwithstanding any other provisions of this section, any new source the construction of which is commenced after October 18, 1972, and which is so constructed to meet all standards of performance adopted under s. 147.06 283.19 shall not be subject to any more stringent standard of performance during either the 10-year period beginning on the date of completion of such construction or the period of depreciation or amortization of such facility for the purposes of section 167 or 169 of the internal revenue code, whichever period ends first.

(f) For the purposes of s. 147.20 283.63, denial of any application for the reissuance of a permit shall be treated as a denial of an application for a permit.

227,856 Section 856 . 147.033 (title) and (1) (title) of the statutes are repealed.

227,857 Section 857 . 147.033 (1) of the statutes is renumbered 283.31 (7) and amended to read:

283.31 (7) The holder of a permit under s. 147.02 this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for groundwater management.

227,858 Section 858 . 147.033 (4) of the statutes is renumbered 283.33 (9), and 283.33 (9) (a) 1. and 2., as renumbered, are amended to read:

283.33 (9) (a) 1. A storm water construction permit fee to be paid by any person who applies for a permit under s. 147.021 this section for the discharge of storm water from a construction site.

2. A storm water permit annual fee that is to be paid upon issuance of the permit and annually thereafter by a person who holds a permit under s. 147.021 this section for the discharge of storm water, other than for the discharge of storm water from a construction site.

227,859 Section 859 . 147.035 of the statutes is renumbered 283.11, and 283.11 (2) (a), (4) (a) (intro.), (b) 1. and 3., (c) and (e) 2. and (5), as renumbered, are amended to read:

283.11 (2) (a) Except for rules concerning storm water discharges for which permits are issued under s. 147.021 283.33, all rules promulgated by the department under this chapter as they relate to point source discharges, effluent limitations, municipal monitoring requirements, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards shall comply with and not exceed the requirements of the federal water pollution control act, 33 USC 1251 to 1387, and regulations adopted under that act.

(4) (a) Authorization. (intro.) Notwithstanding sub. (1) or (2), the department may promulgate by rule, under s. 147.07 283.21, a toxic effluent standard or prohibition applicable to a category or class of point sources for the discharge of an identified toxic pollutant, if the U.S. environmental protection agency has not done either of the following for that identified toxic pollutant:

(b) 1. Any toxic pollutant or combination of pollutants on the list prepared under s. 147.07 283.21 (1) (a).

3. Any other substance which the department has proposed to be added to the list of toxic pollutants under s. 147.07 283.21 (1) (a).

(c) Concurrent rule making. A toxic effluent standard or a prohibition for a substance identified under par. (b) 3. may not be promulgated before the list of toxic pollutants has been revised under s. 147.07 283.21 (1) (a) to include that substance. The revision under s. 147.07 283.21 (1) (a) and the toxic effluent standard or prohibition under s. 147.07 283.21 (1) (b) may be promulgated concurrently.

(e) 2. If the U.S. environmental protection agency, under 33 USC 1311 (b) (2), promulgates an effluent limitation applicable to the discharge of a toxic pollutant from a point source after the department promulgates a toxic effluent standard or prohibition, the department may modify its standard or prohibition to conform to the federal toxic effluent limitation. A permittee to which the standard or prohibition promulgated by the department applies under the terms of a permit may request that the department modify the permit to conform to the federal effluent limitation. The department shall use the procedures specified under s. 147.03 283.53 (2) (b) to (f) to determine whether to grant the request. The department shall grant the request unless it finds that the resulting limitation, as applied to the permittee and to any other permittees subject to the department's standard or prohibition which discharge into the receiving water, would be inadequate to protect the public health, safety or welfare or the environment in the receiving water or any other waters directly affected by the discharge. A decision by the department not to grant the request is reviewable under s. 147.20 283.63.

(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: