283.31(2)(a)
(a) Any radiological, chemical or biological warfare agent or high-level radioactive waste.
283.31(2)(b)
(b) Any discharge which the secretary of the army acting through the chief of the army corps of engineers has objected to in writing on the ground that anchorage and navigation would be substantially impaired.
283.31(2)(c)
(c) Any discharge to which the U.S. environmental protection agency has objected to in writing pursuant to
s. 283.41.
283.31(2)(d)
(d) Any discharge from a point source which is in conflict with any existing area-wide waste treatment management plan approved by the department. No area-wide waste treatment management plan may require the abandonment of existing waste treatment facilities which meet the requirements of this chapter unless the abandonment of such facilities clearly represents the most efficient and cost-effective method of providing waste treatment for the entire planning area.
283.31(3)
(3) The department may issue a permit under this section for the discharge of any pollutant, or combination of pollutants, other than those prohibited under
sub. (2), upon condition that such discharges will meet all the following, whenever applicable:
283.31(3)(c)
(c) Effluent standards, effluents prohibitions and pretreatment standards.
283.31(3)(d)
(d) Any more stringent limitations, including those:
283.31(3)(d)1.
1. Necessary to meet federal or state water quality standards, or schedules of compliance established by the department; or
283.31(3)(d)2.
2. Necessary to comply with any applicable federal law or regulation; or
283.31(3)(d)3.
3. Necessary to avoid exceeding total maximum daily loads established pursuant to a continuing planning process developed under
s. 283.83.
283.31(3)(e)
(e) Any more stringent legally applicable requirements necessary to comply with an approved areawide waste treatment management plan.
283.31(3)(f)
(f) Groundwater protection standards established under
ch. 160.
283.31(4)
(4) The department shall prescribe conditions for permits issued under this section to assure compliance with the requirements of
sub. (3). Such additional conditions shall include at least the following:
283.31(4)(a)
(a) That the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit;
283.31(4)(b)
(b) That facility expansions, production increases, or process modifications which result in new or increased discharges of pollutants at frequencies or levels in excess of the maximum discharges described in the permit shall be reported to the department under
s. 283.59 (1);
283.31(4)(c)
(c) That the permittee shall permit authorized representatives of the department upon the presentation of their credentials to enter upon any premises in which an effluent source is located or in which any records are required to be kept for the purpose of administering
s. 283.55;
283.31(4)(d)
(d) That the permittee shall at all times maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit;
283.31(4)(e)
(e) That if a toxic effluent standard or prohibition, including any schedule of compliance specified in such effluent standard or prohibition, is established under
s. 283.21 (1) for a toxic pollutant present in the permittee's discharge and, if such standard or prohibition is more stringent than any limitation upon such pollutant in the permit, the department shall revise or modify the permit in accordance with the toxic effluent standard or prohibition;
283.31(4)(f)
(f) That, if the permit is for a discharge from a publicly owned treatment work, the permittee shall:
283.31(4)(f)1.
1. Inform the department of any new introduction of pollutants into the treatment works under
s. 283.59 (2);
283.31(5)
(5) Each permit issued by the department under this section shall, in addition to those criteria provided in
subs. (3) and
(4), specify maximum levels of discharges. Maximum levels of discharges shall be developed from the permittee's reasonably foreseeable projection of maximum frequency or maximum level of discharge resulting from production increases or process modifications during the term of the permit.
283.31(6)
(6) Any permit issued by the department under this chapter which by its terms limits the discharge of one or more pollutants into the waters of the state may require that the location, design, construction and capacity of water intake structures reflect the best technology available for minimizing adverse environmental impact.
283.31(7)
(7) The holder of a permit under 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 environmental management.
283.31 Annotation
Department has authority under (1) to issue permits to federal agencies. 68 Atty. Gen. 52.
283.33
283.33
Storm water discharge permits. 283.33(1)
(1)
Requirement. An owner or operator shall obtain a permit under this section for any of the following:
283.33(1)(a)
(a) A discharge from a discernible, confined and discrete conveyance of storm water associated with an industrial activity, including construction, that meets criteria in rules promulgated by the department.
283.33(1)(b)
(b) A discharge of storm water from a municipal separate storm sewer system serving an incorporated area with a population of 100,000 or more.
283.33(1)(d)
(d) A discharge of storm water from a facility or activity, other than a facility or activity under
par. (a) or
(b), if the department determines that the discharge either contributes to a violation of a water quality standard or is a significant contributor of pollutants to the waters of the state.
283.33(2)
(2) Municipal separate storm sewer systems; applications. The owner or operator of a portion of a municipal separate storm sewer system for which a permit is required under
sub. (1) shall do one of the following:
283.33(2)(a)
(a) Submit a permit application for its portion of the municipal separate storm sewer system.
283.33(2)(b)
(b) Submit a permit application jointly with one or more other owners or operators of the municipal separate storm sewer system.
283.33(2)(c)
(c) Authorize a regional authority with control over discharges to a separate storm sewer system that serves areas in more than one municipality to submit an application for a permit that covers the owner's or operator's portion of the municipal separate storm sewer system and other portions of the system if all of the following apply:
283.33(2)(c)1.
1. The regional authority, together with the owners or operators, has authority over a storm water management program that will be in operation by the deadline established by the department.
283.33(2)(c)2.
2. The regional authority or the owners or operators demonstrate their ability to supply all of the required application information by the deadlines established by the department.
283.33(2)(c)3.
3. Each of the owners or operators of a portion of the system covered by the application provides the information required by the department.
283.33(3)
(3) Municipal separate storm sewer systems; permits. 283.33(3)(a)(a) The department may issue one permit for all discharges from a municipal separate storm sewer system for which a permit is required under
sub. (1) or may issue separate permits for each municipality served by the system, for each type of discharge from the system, for individual discharges from the system or for other categories specified by the department.
283.33(3)(b)
(b) If the department issues more than one permit for discharges from a municipal separate storm sewer system, the permits may specify differing requirements.
283.33(3)(c)
(c) In a permit for part or all of a municipal separate storm sewer system, the department may specify differing conditions relating to different discharges covered by the permit, including differing management programs for the various drainage areas that contribute storm water to the system.
283.33(4)
(4) Discharges through municipal separate storm sewer systems. 283.33(4)(a)(a) In addition to obtaining a permit under this section, the owner or operator of an industrial activity described in
sub. (1) (a) that discharges storm water through a municipal separate storm sewer system described in
sub. (1) (b) shall submit the following information to the owner or operator of the municipal separate storm sewer system:
283.33(4)(a)1.
1. The name of the facility from which the release occurs.
283.33(4)(a)2.
2. The name and address of a person to contact for information about the discharge.
283.33(4)(a)4.
4. A description of the principal products or services provided by the facility and the number of any permit covering the facility.
283.33(4)(b)1.1. If a person required to provide information under
par. (a) is releasing storm water into the municipal separate storm sewer system before the system is subject to
sub. (1), the person shall provide the information no later than 60 days after the system becomes subject to
sub. (1).
283.33(4)(b)2.
2. If a person required to provide information under
par. (a) is not releasing storm water into the municipal separate storm sewer system before the system is subject to
sub. (1), the person shall provide the information no later than 180 days before beginning to release storm water into the system.
283.33(5)
(5) Other dischargers. A person who is required to obtain a permit under
sub. (1) (a) or
(d) may apply for an individual permit or request coverage under a general permit issued by the department under
s. 283.35.
283.33(6)(a)(a) A municipal separate storm sewer system that is combined with a sanitary sewer system is not required to be covered by a permit under this section but is required to be covered by a permit under
s. 283.31.
283.33(6)(b)
(b) The department may include coverage of a storm water discharge in a permit issued under
s. 283.31. For the purposes of this chapter, the portion of a permit issued under
s. 283.31 that covers a storm water discharge is considered a permit issued under this section.
283.33(7)
(7) Petitions. The owner or operator of a municipal separate storm sewer system may petition the department to require a permit under this section for any discharge through the municipal separate storm sewer system. The department may approve the petition only if a permit for the discharge is required under
sub. (1) (a) or
(d).
283.33(7m)
(7m) Issuance. The department shall base the priority for the initial issuance of permits under this section on the relative impact of the discharges on water quality.
283.33(8)
(8) Rule making. The department shall promulgate rules containing criteria for identifying storm water discharges for which permits are required under
sub. (1). The department may not require a permit under this section for diffused surface drainage or agricultural storm water discharges.
283.33(9)(a)(a) The department shall promulgate rules setting all of the following:
283.33(9)(a)1.
1. A storm water construction permit fee to be paid by any person who applies for a permit under this section for the discharge of storm water from a construction site.
283.33(9)(a)2.
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 this section for the discharge of storm water, other than for the discharge of storm water from a construction site.
283.33(9)(b)
(b) The department shall establish the amount of the fee under
par. (a) for permits for construction sites, other industrial permits and municipal separate storm sewer permits based on the costs associated with each type of permit.
283.33(9)(bm)
(bm) The annual fees under
par. (a) are due on June 30 annually, beginning with 1994.
283.33 History
History: 1993 a. 16;
1995 a. 227 s.
852,
858; Stats. 1995 s. 283.33;
1997 a. 27.
283.35
283.35
General permits. 283.35(1)(1)
Authorization. Instead of issuing a separate permit to an individual point source, the department may issue a general permit applicable to a designated area of the state authorizing discharges from specified categories or classes of point sources located within that area.
283.35(2)
(2) Voluntary withdrawal. Upon the request of the owner or operator of a point source, the department shall withdraw the point source from the coverage of the general permit and issue a separate permit for that source.
283.35(3)
(3) Withdrawal. The department may withdraw a point source from the coverage of a general permit and issue a separate permit for that source if:
283.35(3)(a)
(a) The point source is a significant contributor of pollution;
283.35(3)(b)
(b) The point source is not in compliance with the terms and conditions of the general permit;
283.35(3)(c)
(c) A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants from the point source;
283.35(3)(d)
(d) Effluent limitations or standards are promulgated for a point source covered by the general permit after the issuance of that permit; or
283.35(3)(e)
(e) A water quality management plan containing requirements applicable to the point source is approved.
283.35 History
History: 1979 c. 221;
1995 a. 227 s.
853; Stats. 1995 s. 283.35.
283.37
283.37
Applications for permit. 283.37(1)
(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. 283.31 and for permits issued under
s. 283.33.
283.37(2)
(2) Any owner or operator of a point source for which a permit is required by
s. 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.
283.37(3)
(3) The application form shall be signed as follows:
283.37(3)(a)
(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the principal executive officer's authorized representative responsible for the overall operation of the point source for which a permit is sought.
283.37(3)(aL)
(aL) In the case of a limited liability company, by a member or manager.
283.37(3)(b)
(b) In the case of a partnership, by a general partner.
283.37(3)(c)
(c) In the case of a sole proprietorship, by the proprietor.
283.37(3)(d)
(d) In the case of publicly owned treatment works or a municipal separate storm sewer system by a principal executive officer, ranking elected official, or other duly authorized employee.
283.37(4)
(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. 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.
