AB680,8,1311 3. A determination of whether any technology that is reasonably available for
12compliance with effluent limitations for phosphorus that are more stringent than
13those in sub. (6) (a) is cost effective.
AB680,8,1514 (c) Based on its report under par. (a), the department of administration, in
15consultation with the department of natural resources, shall do all of the following:
AB680,8,1916 1. Decide whether the determination that attaining the water quality standard
17for phosphorus through compliance with water quality based effluent limitations by
18point sources that cannot achieve compliance without major facility upgrades is not
19feasible remains accurate.
AB680,8,2520 2. If the department of administration decides under subd. 1. that the
21determination remains accurate, decide whether it is appropriate to apply more
22stringent effluent limitations than those in sub. (6) (a) to all point sources or to any
23category of point sources, based on the availability and cost effectiveness of
24technology for compliance and, if so, specify those more stringent effluent limitations
25based on the report under par. (a).
AB680,9,4
1(d) The department of administration shall provide public notice of its
2preliminary decisions under par. (c) no later than the 60th day after preparing the
3report under par. (a) and shall provide the opportunity for public comment on the
4decisions for at least 30 days following the public notice.
AB680,9,75 (e) The department of administration shall consider any public comments in
6making its final decisions under par. (c) and shall make the final decisions no later
7than the 30th day after the end of the public comment period.
AB680,9,108 (f) The department of administration shall send a notice that describes its final
9decisions under par. (c) to the legislative reference bureau for publication in the
10administrative register.
AB680,9,18 11(4) Availability of variance. (a) When a determination under sub. (2) (a) that
12attaining the water quality standard for phosphorus through compliance with water
13quality based effluent limitations by point sources that cannot achieve compliance
14without major facility upgrades is not feasible is in effect, a permittee is eligible for
15a variance to the water quality standard for phosphorus for an existing source if the
16permittee certifies that the existing source cannot achieve compliance with the water
17quality based effluent limitation for phosphorus without a major facility upgrade
18and agrees to comply with the requirements under sub. (6).
AB680,9,2019 (b) A permittee may apply for the variance under this section in any of the
20following ways:
AB680,9,2121 1. By requesting the variance in the application for reissuance of the permit.
AB680,9,2422 2. By requesting the variance within 60 days after the department reissues or
23modifies the permit to include a water quality based effluent limitation for
24phosphorus.
AB680,10,3
13. If the department issued a permit to the permittee before the effective date
2of this subdivision .... [LRB inserts date], that includes a water quality based effluent
3limitation for phosphorus, by requesting a modification of the permit.
AB680,10,84 4. If the department issued a permit to the permittee before the effective date
5of this subdivision .... [LRB inserts date], that includes a water quality based effluent
6limitation for phosphorus and that requires the permittee to submit to the
7department options for complying with the water quality based effluent limitation,
8by submitting a request for the variance as a compliance option.
AB680,10,149 (c) After an application for a variance is submitted to the department under par.
10(b) 2., 3., or 4., and until the last day for seeking review of the department's final
11decision on the application or a later date fixed by order of the reviewing court, the
12water quality based effluent limitation for phosphorus and any corresponding
13compliance schedule are not effective. All other provisions of the permit continue in
14effect except those for which a petition for review has been submitted under s. 283.63.
AB680,10,1615 (d) The variance under this section remains in effect for a point source until the
16permit is reissued, modified, or revoked and reissued.
AB680,10,1817 (e) Notwithstanding s. 227.42, there is no right to a hearing under this
18subsection.
AB680,10,2219 (f) If the department approves a variance under this section and the
20department issues a modified water quality based effluent limitation under s. 283.63
21for phosphorus, the permittee shall comply with the least stringent of the 2 effluent
22limitations.
AB680,10,25 23(6) Variance provisions. (a) Except as provided in par. (am) or sub. (7), the
24department shall include the following interim limits in the permit for a point source
25for which the department approves the variance under this section:
AB680,11,4
11. In the first permit for which the department approves the variance, a
2requirement to achieve, by the end of the term of that permit, compliance with an
3effluent limitation for phosphorus equal to 0.8 milligrams per liter as a monthly
4average.
AB680,11,85 2. In the 2nd permit for which the department approves the variance, a
6requirement to achieve, by the end of the term of that permit, compliance with an
7effluent limitation for phosphorus equal to 0.6 milligrams per liter as a monthly
8average.
AB680,11,129 3. In the 3rd permit for which the department includes the variance, a
10requirement to achieve, by the end of the term of that permit, compliance with an
11effluent limitation for phosphorus equal to 0.5 milligrams per liter as a monthly
12average.
AB680,11,1513 4. In the 4th permit for which the department includes the variance, a
14requirement to achieve, by the end of the term of that permit, compliance with the
15water quality based effluent limitation for phosphorus.
AB680,11,2016 (am) If a permittee certifies that the point source cannot achieve compliance
17with an interim limit in par. (a) 1., 2., or 3. without a major facility upgrade, the
18department shall include in the permit a requirement to achieve compliance with the
19highest achievable interim limit, except that the department may not include an
20interim limit that is higher than the limit established under s. 283.11 (3) (am).
AB680,11,2521 (b) In the permit for a point source for which the department approves the
22variance under this section, in addition to the requirements under par. (a) or (am)
23or sub. (7), the department shall require the permittee to implement the permittee's
24choice of the following measures to reduce the amount of phosphorus entering the
25waters of the state:
AB680,12,1
11. Making payments to counties as provided in sub. (8).
AB680,12,62 2. Entering into a binding, written agreement with the department under
3which the permittee constructs a project or implements a plan that is designed to
4result in an annual reduction of phosphorus pollution from other sources in the basin
5in which the point source is located, in an amount equal to the difference between the
6annual amount of phosphorus discharged by the point source and the target value.
AB680,12,127 3. Entering into a binding written agreement, that is approved by the
8department, with another person under which the person constructs a project or
9implements a plan that is designed to result in an annual reduction of phosphorus
10pollution from other sources in the basin in which the point source is located, in an
11amount equal to the difference between the annual amount of phosphorus
12discharged by the point source and the target value.
AB680,12,19 13(7) More stringent effluent limitations. If the department of administration
14determines under sub. (3) (c) 2. that it is appropriate to apply more stringent effluent
15limitations than those in sub. (6) (a) to all point sources or to a category of point
16sources, the department of natural resources shall include the more stringent
17effluent limitations specified under sub. (3) (c) 2. in permits reissued, modified, or
18revoked and reissued after that determination for all point sources or for the category
19of point sources to which the more stringent effluent limitations apply.
AB680,13,5 20(8) Payments to counties. (a) 1. A permittee that chooses to make payments
21for phosphorus reduction under sub. (6) (b) 1. shall make the payments to each
22county that is participating in the program under this subsection and that has
23territory within the basin in which the point source is located in proportion to the
24amount of territory each county has within the basin. The permittee shall make a
25total payment by March 1 of each calendar year in the amount equal to the per pound

1amount under subd. 2. times the number of pounds by which the amount of
2phosphorus discharged by the point source during the previous year exceeded the
3point source's target value. If no county that has territory within the basin is
4participating in the program under this subsection, the department shall direct the
5permittee to make payments to participating counties selected by the department.
AB680,13,136 2. The per pound payment for this subsection is $50 beginning on the effective
7date of this subdivision .... [LRB inserts date]. Beginning in 2015, the department
8shall adjust the per pound payment each year by a percentage equal to the average
9annual percentage change in the U.S. consumer price index for all urban consumers,
10U.S. city average, as determined by the federal department of labor, for the 12
11months ending on the preceding December 31. The adjusted amount takes effect for
12permits reissued on April 1. The per pound payment in effect when a permit is
13reissued applies for the term of the permit.
AB680,13,1814 (b) 1. A county shall use payments received under this subsection to provide
15cost sharing under s. 281.16 (3) (e) or (4) for projects to reduce the amount of
16phosphorus entering the waters of the state or for staff to implement projects to
17reduce the amount of phosphorus entering the waters of the state from nonpoint
18sources.
AB680,13,2319 2. A county shall use at least 65 percent of the amounts received under this
20subsection to provide cost sharing under s. 281.16 (3) (e) or (4). To the extent
21practicable, a county shall provide cost sharing for projects in the county that the
22county has identified as being the highest priority or as having the greatest potential,
23to reduce the amount of phosphorus per acre entering the waters of the state.
AB680,14,624 3. No later than May 1 of the year following a year in which a county receives
25payments under this subsection, the county shall submit an annual report to the

1department of natural resources, the department of administration, the department
2of agriculture, trade and consumer protection, and each permittee from which it
3received payments during the previous year. In the annual report, the county shall
4describe the projects for which it provided cost sharing, quantify the associated
5phosphorus reductions achieved using accepted modeling technology, and identify
6any staff funded with the payments.
AB680,14,117 4. The department shall evaluate reports submitted under subd. 3. If the
8department determines that a county is not using the payments to effectively reduce
9the amount of phosphorus entering the waters of the state from nonpoint sources, the
10department may require permittees who made the payments to eliminate or reduce
11future payments to the county.
AB680,14,1312 5. A county shall notify the department by January 1 of each year if it chooses
13not to participate in the program under this subsection.
AB680,3 14Section 3. 283.63 (1) (am) of the statutes is amended to read:
AB680,14,2415 283.63 (1) (am) After a verified petition for review is filed and until the last day
16for seeking review of the department's decision or a later date fixed by order of the
17reviewing court, any term or condition, thermal effluent limitation or water quality
18based effluent limitation which is the subject of the petition is not effective. All other
19provisions of the permit continue in effect except those for which an application for
20a variance has been submitted under s. 283.15 or 283.16. For those provisions for
21which a petition for review has been submitted under this section, the corresponding
22or similar provisions of the prior permit continue in effect until the last day for
23seeking review of the department's final decision or a later date fixed by order of the
24reviewing court.
AB680,4 25Section 4. 283.63 (4) of the statutes is amended to read:
AB680,15,5
1283.63 (4) Subsections (1) and (2) do not apply to the modification of a permit
2which implements a decision under s. 283.15 or 283.16 or the denial of a request for
3a variance under s. 283.15 or 283.16. A proceeding under subs. (1) and (2) shall not
4be delayed pending completion of the review of a variance request under s. 283.15
5or 283.16.
AB680,15,66 (End)
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