January 20, 2016 - Introduced by Senator Petrowski, cosponsored by
Representative Mursau. Referred to Committee on Transportation and
Veterans Affairs.
SB588,1,9 1An Act to repeal 283.19 (2) (b); to renumber 283.19 (2) (a); to renumber and
2amend
30.2022 (1), 283.01 (8) and 283.17 (2); to amend 30.2022 (2), 30.2022
3(3), 30.2022 (4), 30.2022 (6), 283.19 (5) and 283.53 (2h); and to create 30.2022
4(1g), 30.2022 (1p), 283.01 (8) (b), 283.17 (2) (a), 283.17 (2) (b), 283.17 (2) (c) and
5283.33 (4m) of the statutes; relating to: activities affecting waters of this state
6carried out under the direction of the Department of Transportation,
7performance standards and effluent limitations for new and modified point
8sources of pollution, and termination of certain permits authorizing discharges
9into waters of this state.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources (DNR) to issue a
general permit authorizing the Department of Transportation (DOT) to discharge
storm water from the site of certain activities affecting the waters of this state that
are conducted by DOT. The bill also revises the definition of a "new source" for
purposes of certain laws regulating discharges of pollutants from point sources.
Under current law, DNR regulates certain activities that occur in or near
navigable waters and also administers various environmental laws. In order for a

person to conduct an activity in or near a navigable water or to discharge certain
pollutants into the air or waters of this state, the person may be required to obtain
one or more permits from DNR. Among the environmental permits that DNR issues
are storm water discharge permits.
Current law exempts DOT from obtaining certain navigable waters permits
and certain environmental permits affecting waters of this state including storm
water discharge permits. The exemptions apply to activities affecting waters of this
state that are carried out under DOT's direction and supervision, such as the
construction of a highway or bridge (transportation activity), and are subject to
certain conditions. Under these conditions, DOT must accomplish the
transportation activity in accordance with interdepartmental liaison procedures
established by DOT and DNR for the purpose of minimizing the adverse
environmental impact of the activity. DOT and DNR must also exchange
information and cooperate in planning and carrying out DOT activities in order to
alleviate potential detrimental encroachment on the waters of the state.
This bill requires DNR to issue a general permit that authorizes DOT to
discharge storm water from the site of a transportation activity (transportation
general permit). The bill provides that, instead of being exempt from any
requirement to obtain a storm water discharge permit, DOT must obtain an
individual permit from DNR or obtain coverage under a transportation general
permit required to be issued by DNR under this bill. The bill specifies that a
transportation activity covered by a transportation general permit is subject to the
interdepartmental liaison procedures that apply under current law to DOT
transportation activities. The bill requires DNR to issue a transportation general
permit on or before June 30, 2018, but DOT is not required to obtain an individual
permit or coverage under a general permit until DNR issues a transportation general
permit as required under the bill.
Under current law, DNR must promulgate by rule effluent limitations for point
sources of water pollution. An effluent limitation is a restriction on the quantity,
rate, and concentration of a pollutant discharged from a point source into state
waters. A point source is a discernible, confined, and discrete conveyance, such as
a pipe, well, or concentrated animal feeding operation from which pollutants may be
discharged into the waters of the state or into a publicly owned sewage system. DNR
must also promulgate by rule standards of performance for new sources. A new
source is a point source the construction of which commenced after the effective date
of an applicable effluent limitation or standard of performance. Generally, DNR's
rules must comply with and not exceed corresponding requirements established
under federal law.
This bill revises the definition of a "new source." Under the bill, a new source
is a point source constructed after the effective date of an applicable standard of
performance under federal law. The bill also provides that, if the federal
Environmental Protection Agency proposes a standard of performance that has not
yet taken effect, a point source is a new source under that proposed standard if the
proposed standard becomes a final standard within a specified period of time.

Current law specifies the circumstance under which a point source of a
discharge having a thermal component, when modified, is not subject to more
stringent effluent limitations. This bill specifies that this exemption applies to
modified point sources with respect to water quality based effluent limitations only.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB588,1 1Section 1. 30.2022 (1) of the statutes is renumbered 30.2022 (1m) and
2amended to read:
SB588,3,143 30.2022 (1m) Activities Transportation activities affecting waters of the state,
4as defined in s. 281.01 (18), that are carried out under the direction and supervision
5of the department of transportation in connection with highway, bridge, or other
6transportation project design, location, construction, reconstruction, maintenance,

7and repair are not subject to the prohibitions or permit or approval requirements
8specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351,
961.353, 62.231, 62.233, or 87.30 or chs. 281 to 285 or 289 to 299. However, at the
10earliest practical time prior to the commencement of these transportation activities,
11the department of transportation shall notify the department of the location, nature,
12and extent of the proposed work that may affect the waters of the state. This
13subsection does not apply beginning on the date on which the department of natural
14resources issues a general permit under s. 283.33 (4m) (b) 1.
SB588,2 15Section 2. 30.2022 (1g) of the statutes is created to read:
SB588,3,1916 30.2022 (1g) In this section, "transportation activity" means an activity carried
17out under the direction and supervision of the department of transportation in
18connection with highway, bridge, or other transportation project design, location,
19construction, reconstruction, maintenance, or repair.
SB588,3
1Section 3. 30.2022 (1p) of the statutes is created to read:
SB588,4,112 30.2022 (1p) Transportation activities affecting waters of the state, as defined
3in s. 281.01 (18), are not subject to the prohibitions or permit or approval
4requirements specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20,
559.692, 61.351, 61.353, 62.231, 62.233, or 87.30; or under chs. 281 and 283, except
6s. 283.33; or under chs. 285 or 289 to 299. At the earliest practical time prior to the
7commencement of these transportation activities, the department of transportation
8shall notify the department of the location, nature, and extent of the proposed work
9that may affect the waters of the state. This subsection applies beginning on the date
10on which the department of natural resources issues a general permit under s. 283.33
11(4m) (b) 1.
SB588,4 12Section 4. 30.2022 (2) of the statutes is amended to read:
SB588,4,2213 30.2022 (2) The exemption exemptions under sub. (1) does (1m) or (1p) do not
14apply unless the transportation activity is accomplished in accordance with
15interdepartmental liaison procedures established by the department and the
16department of transportation for the purpose of minimizing the adverse
17environmental impact, if any, of the transportation activity. If the transportation
18activity affects a wetland, as defined in s. 23.32 (1), the department of transportation
19shall conduct any required mitigation either by complying with the
20interdepartmental liaison procedures and any applicable interagency agreement on
21mitigation banks that is approved by the department of natural resources or by using
22any of the methods specified in s. 281.36 (3r) (a) 1. to 3.
SB588,5 23Section 5. 30.2022 (3) of the statutes is amended to read:
SB588,5,624 30.2022 (3) If the department determines that there is reasonable cause to
25believe that an a transportation activity being carried out under this section is not

1in compliance with the environmental protection requirements developed through
2interdepartmental liaison procedures, it shall notify the department of
3transportation. If the secretary and the secretary of transportation are unable to
4agree upon the methods or time schedules to be used to correct the alleged
5noncompliance, the secretary, notwithstanding the exemption provided in this
6section, may proceed with enforcement actions as the secretary deems appropriate.
SB588,6 7Section 6. 30.2022 (4) of the statutes is amended to read:
SB588,5,118 30.2022 (4) The department of transportation and the department shall
9exchange information and cooperate in the planning and carrying out of such
10transportation activities in order to alleviate, to the extent practical under the
11circumstances, any potential detrimental encroachment on the waters of the state.
SB588,7 12Section 7. 30.2022 (6) of the statutes is amended to read:
SB588,5,1413 30.2022 (6) This section does not apply to transportation activities in the Lower
14Wisconsin State Riverway, as defined in s. 30.40 (15).
SB588,8 15Section 8. 283.01 (8) of the statutes is renumbered 283.01 (8) (a) and amended
16to read:
SB588,5,2017 283.01 (8) (a) "New source" means, except as provided in par. (b), any point
18source the construction of which commenced after the effective date of applicable
19effluent limitations or standards
a standard of performance under 33 USC 1316 that
20is applicable to the point source
.
SB588,9 21Section 9. 283.01 (8) (b) of the statutes is created to read:
SB588,6,222 283.01 (8) (b) If the federal environmental protection agency proposes a
23standard of performance under 33 USC 1316 that is applicable to a point source and
24if the standard of performance takes effect within 120 days of the publication of that
25proposed standard of performance, "new source" means a point source the

1construction of which commenced after the date of publication of that proposed
2standard of performance.
SB588,10 3Section 10. 283.17 (2) of the statutes is renumbered 283.17 (2) (intro.) and
4amended to read:
SB588,6,155 283.17 (2) (intro.) Any If a point source of with a discharge having a thermal
6component, the modification of which is commenced after October 18, 1972, and
7which, as modified, meets the most stringent effluent limitation established under
8s. 283.13 or sub. (1) and this subsection, where the limitation assures protection and
9propagation of a balanced indigenous population of shellfish, fish and wildlife in and
10on the water into which the discharge
is made, modified, the point source shall not
11be subject to any more stringent effluent limitation with respect to the thermal
12component of its discharge during either the 10-year period beginning on the date
13of completion of the modification or the period of depreciation or amortization of the
14facility for the purpose of section 167 or 169 of the internal revenue code, whichever
15ends first., if all of the following apply:
SB588,11 16Section 11. 283.17 (2) (a) of the statutes is created to read:
SB588,6,1817 283.17 (2) (a) The modification of the point source commenced after October
1818, 1972.
SB588,12 19Section 12. 283.17 (2) (b) of the statutes is created to read:
SB588,6,2120 283.17 (2) (b) The point source, as modified, meets the most stringent effluent
21limitation established under s. 283.13.
SB588,13 22Section 13. 283.17 (2) (c) of the statutes is created to read:
SB588,6,2523 283.17 (2) (c) The limitation under par. (b) assures protection and propagation
24of a balanced indigenous population of shellfish, fish, and wildlife in and on the water
25into which the discharge is made.
SB588,14
1Section 14. 283.19 (2) (a) of the statutes is renumbered 283.19 (2).
SB588,15 2Section 15. 283.19 (2) (b) of the statutes is repealed.
SB588,16 3Section 16. 283.19 (5) of the statutes is amended to read:
SB588,7,74 283.19 (5) After the effective date of any standard of performance promulgated
5by the department under this section, no
No owner or operator of any new source may
6operate such source in violation of any standard of performance applicable to such
7a source.
SB588,17 8Section 17. 283.33 (4m) of the statutes is created to read:
SB588,7,109 283.33 (4m) Transportation activities. (a) In this subsection, "transportation
10activity" has the meaning given in s. 30.2022 (1g).
SB588,7,1511 (b) 1. The department of natural resources shall issue a general permit under
12this section on or before June 30, 2018, that authorizes the department of
13transportation to discharge storm water from the site of a transportation activity.
14A general permit issued under this paragraph is subject to the requirements for
15general permits issued under s. 283.35.
SB588,7,1816 2. The department of natural resources shall notify the legislative reference
17bureau when it issues a general permit under subd. 1. The legislative reference
18bureau shall publish the notice in the Wisconsin Administrative Register.
SB588,7,2319 (c) Beginning on the date on which the department of natural resources issues
20a general permit under par. (b) 1., the department of transportation may not
21discharge storm water from the site of a transportation activity unless it obtains an
22individual permit under sub.(1) or it is covered by a general permit issued under par.
23(b) 1.
SB588,8,3
1(d) A general permit issued under this section shall incorporate the
2interdepartmental liaison procedures established under s. 30.2022 (2) and the
3requirements specified in rules promulgated under ss. 30.2022, 283.33, and 283.35.
SB588,18 4Section 18. 283.53 (2h) of the statutes is amended to read:
SB588,8,75 283.53 (2h) The department may, with the consent of the permittee, revoke
6terminate a permit issued under s. 283.31 or 283.33 without following the procedures
7in sub. (2) (b) to (f).
SB588,8,88 (End)
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