281.16
281.16
Water quality protection; nonpoint sources. 281.16(1)(a)
(a) "Agricultural facility" means a structure associated with an agricultural practice.
281.16(1)(b)
(b) "Agricultural practice" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under
16 USC 3831 to
3836; and vegetable raising.
281.16(1)(c)
(c) "Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.
281.16(1)(e)
(e) "Nonpoint source" means a facility or practice that causes, or has the potential to cause, nonpoint source water pollution.
281.16(1)(f)
(f) "Nonpoint source water pollution" means pollution of waters of the state that does not result from a point source, as defined in
s. 283.01 (12).
281.16(1)(g)
(g) "Water quality management area" means any of the following:
281.16(1)(g)1.
1. The area within 1,000 feet from the ordinary high-water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, "water quality management area" means the area within 1,000 feet from the high-water mark of the lake.
281.16(1)(g)2.
2. The area within 300 feet from the ordinary high-water mark of navigable waters that consist of a river or stream.
281.16(1)(g)3.
3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.
281.16(2)
(2) Nonpoint sources that are not agricultural. 281.16(2)(a)(a) The department shall, by rule, prescribe performance standards for nonpoint sources that are not agricultural facilities or agricultural practices. The performance standards shall be designed to achieve water quality standards by limiting nonpoint source water pollution.
281.16(2)(b)
(b) The department shall, by rule, specify a process for the development and dissemination of technical standards to implement the performance standards under
par. (a).
281.16(3)
(3) Nonpoint sources that are agricultural. 281.16(3)(a)(a) The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:
281.16(3)(a)1.
1. That a livestock operation may have no overflow of manure storage structures.
281.16(3)(a)2.
2. That a livestock operation may have no unconfined manure pile in a water quality management area.
281.16(3)(a)3.
3. That a livestock operation may have no direct runoff from a feedlot or stored manure into the waters of the state.
281.16(3)(a)4.
4. That a livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.
281.16(3)(b)
(b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under
par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under
par. (a).
281.16(3)(c)
(c) Using the process specified under
par. (b), the department of agriculture, trade and consumer protection shall develop and disseminate technical standards to implement the performance standards and prohibitions under
par. (a). The department of agriculture, trade and consumer protection shall disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.
281.16(3)(d)
(d) The conservation practices and technical standards under
pars. (b) and
(c) shall at a minimum cover animal waste management, nutrients applied to the soil and cropland sediment delivery.
281.16(3)(e)
(e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under
s. 92.14 or
281.65 or from any other source, to the owner or operator. For the purposes of this paragraph,
sub. (4) and
ss. 92.07 (2),
92.105 (1),
92.15 (4) and
823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under
s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under
s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under
s. 92.07 (2),
92.105 (1) or
92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.
281.16(4)
(4) Application to animal feeding operations. If the department issues a notice of discharge under
ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under
sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before October 14, 1997, the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under
s. 92.14 or
281.65 or from any other source.
281.16 History
History: 1997 a. 27;
1999 a. 9.
281.165
281.165
Compliance with water quality standards for wetlands. 281.165(1)(1)
Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under
s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.601 (3) or
chs. 30,
31,
281,
283,
289 to
292 or
299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either
sub. (2) or
(3).
281.165(2)
(2) Trempealeau County. Subsection (1) applies to an activity that meets all of the following requirements:
281.165(2)(a)
(a) The wetland area that will be affected by the activity is less than 15 acres in size.
281.165(2)(b)
(b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.
281.165(2)(c)
(c) The site of the activity is within the corporate limits of a city on January 1, 1999.
281.165(2)(d)
(d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.
281.165(2)(e)
(e) The site of the activity is located in Trempealeau County.
281.165(3)(a)(a) Subsection (1) applies to an activity that meets the requirements under
sub. (2) (c) and
(d) and all of the following requirements:
281.165(3)(a)1.
1. The wetland area that will be affected by the activity is no more than 4.2 acres in size.
281.165(3)(a)2.
2. The site of the activity is zoned for technology park use and is in the vicinity of a manufacturing facility.
281.165(3)(b)
(b) Before any person engages in the activity described in
par. (a), the U.S. Army Corps of Engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.
281.165 History
History: 1999 a. 9.
281.17
281.17
Water quality and quantity; specific regulations. 281.17(1)(a)(a) A well may not be constructed, installed, or operated to withdraw groundwater where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department. If
s. 281.35 applies to the proposed well, the application shall comply with
s. 281.35 (5) (a).
281.17(1)(b)
(b) The department shall withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow, and ultimate use that will ensure all of the following:
281.17(1)(b)1.
1. That the water supply of any public utility engaged in furnishing water to or for the public will not be impaired.
281.17(1)(c)1.1. Except as provided in
subd. 3., the department shall impose as a condition in each approval under this subsection that the person issued the approval may not use, or permit another person to use, any water withdrawn from the well to produce bottled drinking water, as defined in
s. 97.34 (1) (a), unless the department approves use of the well for that purpose.
281.17(1)(c)3.
3. This paragraph does not apply to a withdrawal of water by a public utility engaged in furnishing water to or for the public.
281.17(1)(d)
(d) The department shall require each person issued an approval under this subsection to report that person's volume and rate of withdrawal, as defined under
s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under
s. 281.35 (1) (L), if any, in the form and at the times specified by the department.
281.17(2)
(2) The department shall supervise chemical treatment of waters for the suppression of nuisance-producing organisms that are not regulated by the program established under
s. 23.24 (2). It may purchase equipment and may make a charge for the use of the same and for materials furnished, together with a per diem charge for any services performed in such work. The charge shall be sufficient to reimburse the department for the use of the equipment, the actual cost of materials furnished, and the actual cost of the services rendered.
281.17(2m)
(2m) In permitting under its authority under
sub. (2) the chemical treatment of water for the suppression of mosquito larvae in the cities of Brookfield and La Crosse, the department may not impose as a condition to that permission a requirement that monitoring or additional testing be conducted as to the effectiveness or the impact of the treatment.
281.17(3)
(3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under
s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and
chs. 285 and
289 to
299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under
s. 20.370 (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under
s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, "wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.
281.17(5)
(5) The department may prohibit the installation or use of septic tanks in any area of the state where the department finds that the use of septic tanks would impair water quality. The department shall prescribe alternate methods for waste treatment and disposal in such prohibited areas.
281.17(6)
(6) On and after December 31, 1965, the sale and use of nondegradable detergents containing alkyl benzene sulfonate is prohibited in this state.
281.17(7)
(7) Discharge of mercury compounds and metallic mercury into the waters of this state by any person shall be limited to fifteen-hundredths of a pound of mercury per day averaged over a 30-day period, and not more than one-half pound in any one day. The department may establish lower maximum discharge limits by rule.
281.17(8)
(8) The department may establish, administer and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act,
42 USC 300f to
300j-26.
281.17(9)
(9) The department may require owners of water systems to demonstrate the technical, managerial and financial capacity to comply with national primary drinking water regulations under
42 USC 300g-1 and may assist owners of water systems to develop that capacity.
281.17(10)(a)(a) No person may conduct an activity for which the department denies a water quality certification required by rules promulgated under this subchapter to implement
33 USC 1341 (a).
281.17(10)(b)
(b) No person may violate a condition imposed by the department in a water quality certification required by rules promulgated under this subchapter to implement
33 USC 1341 (a).
281.17 Cross-reference
Cross Reference: See also chs.
NR 100,
107,
114,
127, and
142, Wis. adm. code.
281.17 Annotation
Madison's power to forbid chemical treatment of Madison lakes was withdrawn by s. 144.025 (2) (i) [now 281.17 (2)]. Wisconsin Environmental Decade, Inc. v. DNR,
85 Wis. 2d 518,
271 N.W.2d 69 (1978).
281.17 Annotation
A municipality has no jurisdiction over chemical treatment of waters to suppress aquatic nuisances. The department is granted statewide supervision over aquatic nuisance control under s. 144.025 (2) (i) [now 281.17 (2)]. Applications for permits to chemically treat aquatic nuisances under s. 144.025 (2) (i) may be denied even though statutory and regulatory requirements have been met if such chemical treatment would be counter-productive in achieving the goals set out in s. 144.025 (1). 63 Atty. Gen. 260.
281.19(1)(1) The department may issue general orders, and adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available systems, methods and means for preventing and abating pollution of the waters of the state. Such general orders and rules shall be issued only after an opportunity to be heard thereon has been afforded to interested parties.
281.19(2)(a)(a) The department may issue special orders directing particular owners to remedy violations of the safe drinking water program under
s. 281.17 (8) and
(9) or to secure such operating results toward the control of pollution of the waters of the state as the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as it prescribes. If any owner cannot comply with an order within the time specified, the owner may, before the date set in the order, petition the department to modify the order. The department may modify the order, specifying in writing the reasons therefor. If any order is not complied with within the time period specified, the department shall immediately notify the attorney general of this fact. After receiving the notice, the attorney general shall commence an action under
s. 299.95.
281.19(2)(b)
(b) The department may issue temporary emergency orders without prior hearing when the department determines that the protection of the public health necessitates such immediate action. Such emergency orders shall take effect at such time as the department determines. As soon as is practicable, the department shall hold a public hearing after which it may modify or rescind the temporary emergency order or issue a special order under
par. (a).
281.19(3)
(3) The department shall make investigations and inspections to insure compliance with any general or special order or rule which it issues. In the exercise of this power the department may require the submission and approval of plans for the installation of systems and devices for handling, treating or disposing of any wastes.
281.19(4)
(4) The department may, under
s. 254.59, order or cause the abatement of any nuisance affecting the waters of the state.
281.19(5)
(5) If the department finds that a system or plant tends to create a nuisance or menace to health or comfort, it shall order the owner or the person in charge to secure such operating results as the department prescribes, within a specified time. If the order is not complied with, the department may order designated changes in operation, and if necessary, alterations or extension to the system or plant, or a new system or plant. If the department finds that the absence of a municipal system or plant tends to create a nuisance or menace to health or comfort, it may order the city, village, town or town sanitary district embracing the area where such conditions exist to prepare and file complete plans of a corrective system as provided by
s. 281.41, and to construct such system within a specified time.
281.19(6)
(6) Orders issued by the department shall be signed by the person designated by the board.
281.19(7)
(7) In cases of noncompliance with any order issued under
sub. (2) or
(5) or
s. 281.20 (1), the department may take the action directed by the order, and collect the costs thereof from the owner to whom the order was directed. The department shall have all the necessary powers needed to carry out this subsection including powers granted municipalities under
ss. 66.0821 and
200.01 to
200.15. It shall also be eligible for financial assistance under
ss. 281.55,
281.57,
281.58 and
281.59.
281.19(8)
(8) Any owner or other person in interest may secure a review of the necessity for and reasonableness of any order of the department under this section or
s. 281.20 in the following manner:
281.19(8)(a)
(a) They shall first file with the department a verified petition setting forth specifically the modification or change desired in such order. Such petition must be filed within 60 days of the issuance of the orders sought to be reviewed. Upon receipt of such a petition the department shall order a public hearing thereon and make such further investigations as it shall deem advisable. Pending such review and hearing, the department may suspend such orders under terms and conditions to be fixed by the department on application of any such petitioner. The department shall affirm, repeal or change the order in question within 60 days after the close of the hearing on the petition.
281.19(8)(b)
(b) The determination of the department shall be subject to review as provided in
ch. 227.
281.19 Annotation
The DNR is authorized, not required, to set standards for sewer extension approvals and may process sewer extension applications on a case by case basis under s. 144.025 (2) (c) [now s. 281.19 (1)]. Wisconsin Environmental Decade, Inc. v. DNR,
82 Wis. 2d 97,
260 N.W.2d 674 (1978).
281.19 Annotation
The DNR has the authority to order a municipality to construct a public water supply upon a finding that the absence of a public water supply constitutes a nuisance or menace to health or comfort, even if the electors of the municipality vote against construction in a referendum. 60 Atty. Gen. 523.
281.20
281.20
Orders; nonpoint source pollution. 281.20(1)
(1) Under the procedure specified in
sub. (3), the department may do any of the following:
281.20(1)(a)
(a) Order or cause the abatement of pollution which the department, in consultation with the department of agriculture, trade and consumer protection if the source is agricultural, has determined to be significant and caused by a nonpoint source, as defined in
s. 281.65 (2) (b), including pollution which causes the violation of a water quality standard, pollution which significantly impairs aquatic habitat or organisms, pollution which restricts navigation due to sedimentation, pollution which is deleterious to human health or pollution which otherwise significantly impairs water quality, except that under this paragraph the department may not order or cause the abatement of any pollution caused primarily by animal waste or of pollution from an agricultural source that is located in a priority watershed or priority lake area unless the source is designated as a critical site in a priority watershed or priority lake plan under
s. 281.65 (5m) or a modification to such a plan under
s. 281.65 (5s).
281.20(1)(b)
(b) If it provided notice under
s. 281.65 (5w), order the owner or operator of a source that is designated as a critical site in a priority watershed or priority lake plan under
s. 281.65 (5m) or in a modification to such a plan under
s. 281.65 (5s) to implement best management practices, but not with respect to any pollution caused primarily by animal waste.
