283.13(2)(g)3.
3. An innovative control technique is a technique which has a substantial likelihood of enabling the facility to achieve a significantly greater effluent reduction than that required by the applicable effluent limitation and which moves toward the national goal of eliminating the discharge of all pollutants as stated under the federal water pollution control act, as amended,
33 USC 1251 to
1376.
283.13(2)(g)4.
4. An innovative system is a system which has the potential for significantly lower costs than the systems which the department has determined to be economically achievable if the department determines that the system has the potential for industrywide application.
283.13(3)(a)(a)
Maximum use of technology and reasonable progress. The department may modify the requirements of
sub. (2) (f) in accordance with
s. 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.
283.13(3)(b)1.1. 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. 283.63 that:
283.13(3)(b)1.a.
a. The modified requirements will result in compliance with the requirements of
sub. (2) (a) or
(5), whichever is applicable;
283.13(3)(b)1.b.
b. The modified requirements will not result in any additional requirements for any other point or nonpoint source; and
283.13(3)(b)1.c.
c. The modification will not interfere with the attainment or maintenance of water quality which assures protection of public water supplies, which assures the protection and propagation of a balanced population of shellfish, fish, and wildlife and which allows recreational activities in and on the water and that the modification will not result in the discharge of pollutants in quantities which reasonably may be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity including carcinogenicity, mutagenicity or teratogenicity or synergistic propensities.
283.13(3)(b)2.
2. If an owner or operator of a point source applies for a modification under this paragraph with respect to the discharge of any pollutant, that owner or operator is eligible to apply for modification under this subsection with respect to that pollutant only during the same time period as the owner or operator is eligible to apply for a modification under this paragraph.
283.13(3)(c)1.1. Any application filed under this subsection for a modification of the requirements of
sub. (2) (b) as it applies to pollutants identified in
sub. (2) (f) shall be filed not later than 270 days after the date of promulgation of an applicable effluent limitation by the department under this chapter.
283.13(3)(c)2.
2. Any application for a modification filed under this subsection does not operate to stay any requirement under this chapter, unless in the judgment of the department the stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity, including carcinogenicity, mutagenicity or teratogenicity, or synergistic propensities and there is a substantial likelihood that the applicant will succeed on the merits of the application. If an application is filed under this subsection, the department may condition any stay granted under this subdivision upon the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought.
283.13(3)(d)
(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. 283.21 (1).
283.13(4)
(4) Effluent limitations for public treatment works. Discharges from publicly owned treatment works, except storm water discharges for which a permit is issued under
s. 283.33, shall comply with the following requirements:
283.13(4)(a)
(a)
Secondary treatment for certain works. Secondary treatment by no later than July 1, 1977, for all publicly owned treatment works in existence on that date or approved prior to June 30, 1974, and for which construction is completed within 4 years of approval;
283.13(4)(b)
(b)
Best practicable waste treatment technology. The application of the best practicable waste treatment technology over the life of the works consistent with the purposes of this chapter by no later than July 1, 1983.
283.13(4)(c)
(c)
Other limitations for combined sewer overflows. In lieu of
pars. (a) and
(b), effluent limitations required by
subs. (2) (a) and
(5) for combined sewer systems tributary to treatment works owned and operated by any metropolitan sewerage district created under
ss. 200.21 to
200.65.
283.13(5)
(5) More stringent limitations. The department shall establish more stringent effluent limitations than required under
subs. (2) and
(4) and shall require compliance with such water quality based effluent limitations in any permit issued, reissued or modified if these limitations are necessary to meet applicable water quality standards, treatment standards, schedules of compliance or any other state or federal law, rule or regulation. The department shall require compliance with these water quality based effluent limitations by no later than July 1, 1977, or by a later date as specified in the water quality standard, treatment standard, schedule of compliance or other state or federal law, rule or regulation.
283.13(6)(a)(a) Except as provided under
par. (d), the department may modify the time limitations specified under
subs. (4) and
(5) for any publicly owned treatment works to increase the period of time for compliance with effluent limitations.
283.13(6)(b)
(b) The modification of the time limitations mentioned under
par. (a) may be granted if the department determines that the construction of treatment works necessary to achieve compliance with effluent limitations cannot be completed within the prescribed time period due to events over which the permittee has little or no control unless the modification is prohibited under
par. (d).
283.13(6)(c)
(c) The modification of the time limitations mentioned under
par. (a) shall be granted if the department determines that the construction of treatment works necessary to achieve compliance with effluent limitations cannot be completed within the prescribed time period due to the unavailability of federal or state funds unless the modification is prohibited under the federal water pollution control act, as amended,
33 USC 1251 to
1376.
283.13(6)(d)
(d) Except as provided under
par. (c), no modification of the time limitations under
par. (a) may extend beyond December 31, 1985.
283.13 Cross-reference
Cross Reference: See also NR 200- and ch.
NR 106, Wis. adm. code.
283.15
283.15
Variances to water quality standard. 283.15(1)
(1)
Definition. In this section, "variance" means a variance to a water quality standard adopted under
s. 281.15.
283.15(2)(a)1.1. When the department issues, reissues or modifies a permit to include a water quality based effluent limitation under
s. 283.13 (5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.
283.15(2)(a)2.
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. 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. 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.
283.15(2)(b)1.1. The department shall specify by rule the information to be included in the application. The permittee shall submit an application for a variance within 60 days after the department issues, reissues or modifies the permit.
283.15(2)(b)2.
2. If a permittee applies for a variance before the promulgation of rules under
subd. 1., the permittee shall submit an application for a variance within 30 days after the department issues, reissues or modifies the permit. Within 30 days after receipt of the application, the department shall specify the information which the permittee must include in the application. The permittee shall provide the information within 60 days after receipt of the department's request.
283.15(2)(b)3.
3. In addition to the information required under
subd. 1. or
2., the permittee may, within the time limits specified in
subd. 1. or
2., submit to the department any other information to support the request for a variance.
283.15(2)(c)
(c) The department may request additional information from the permittee within 30 days after receiving either the application under
par. (b) 1. or the information under
par. (b) 2. The permittee shall provide the additional information within 30 days after receipt of the department's request. An application is not complete until the additional information is provided to the department.
283.15(2)(d)
(d) If the permittee does not provide information as required under
par. (b) or
(c), the department shall deny the application.
283.15(2)(e)
(e) Within 30 days after the department receives a complete application for a variance, the department shall circulate to the parties in
s. 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.
283.15(3)
(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. 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.
283.15(4)(a)1.1. Within 90 days after expiration of the comment period under
sub. (3), the secretary shall approve all or part of a requested variance, or modify and approve a requested variance if the permittee demonstrates, by the greater weight of the credible evidence, that attaining the water quality standard is not feasible because:
283.15(4)(a)1.a.
a. Naturally occurring pollutant concentrations prevent the attainment of the standard;
283.15(4)(a)1.b.
b. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the standard, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating water conservation requirements;
283.15(4)(a)1.c.
c. Human caused conditions or sources of pollution prevent the attainment of the standard and cannot be remedied or would cause more environmental damage to correct than to leave in place;
283.15(4)(a)1.d.
d. Dams, diversions or other types of hydrologic modifications preclude the attainment of the standard, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the standard;
283.15(4)(a)1.e.
e. Physical conditions related to the natural features of the water body, such as the lack of proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or
283.15(4)(a)1.f.
f. The standard, as applied to the permittee, will cause substantial and widespread adverse social and economic impacts in the area where the permittee is located.
283.15(4)(a)2.
2. Within 90 days after the expiration of the comment period under
sub. (3), the secretary shall deny a requested variance if the permittee fails to make the demonstration required under
subd. 1.
283.15(4)(a)3.
3. The failure of the secretary to issue a final decision under
subd. 1. or
2. within the time required under this paragraph shall constitute a denial of the application for the variance.
283.15(4)(b)
(b) If the secretary issues a decision under
par. (a) 1., the secretary shall, as part of the decision, establish all permit conditions needed to implement the variance.
283.15(4)(c)
(c) Within 30 days after the date of the decision under
par. (a) 1., the department shall issue the notice required under
s. 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 283.53 (2) (d) does not apply to the proposed permit modification.
283.15(5)(a)(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. 281.15.
283.15(5)(b)
(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. 283.63 (1) (am) apply.
283.15(5)(c)
(c) The permit modified pursuant to
sub. (4) (c) to implement a variance shall require:
283.15(5)(c)1.
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. 283.13 (2) or
(4) or
283.19 or a toxic effluent standard that applies to the permittee under
s. 283.21.
283.15(5)(c)2.
2. 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. 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:
283.15(5)(c)2.a.
a. Reasonably beyond the technical or financial capability of the permittee; or
283.15(5)(d)
(d) The department may impose conditions in the permit as necessary to administer the variance including, but not limited to, additional monitoring requirements.
283.15(6)
(6) Renewal. A variance may be renewed using the procedures in and subject to
subs. (2) to
(5). A variance may not be renewed if the permittee did not submit the reports required under
sub. (5) (c) 2. or substantially comply with all other conditions of the variance.
283.15(7)
(7) Delegation of secretary's authority. The secretary may designate an officer or employee of the department to make any decision that the secretary is required to make under this section.
283.15(8)
(8) No right to a hearing. Notwithstanding
s. 227.42, there is no right to a hearing under this section.
283.15(9)
(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. 283.63 for the same substance, the permittee shall comply with the least stringent of the 2 effluent limitations.
283.15(10)(a)(a) Subsections (2) to
(5) do not apply if the water quality based effluent limitation results from the decision of the department under
s. 283.63 to make the water quality based effluent limitation less stringent than the effluent limitation in the permit as issued, reissued or modified.
283.15(10)(b)
(b) Subsections (2) to
(5) apply if the water quality based effluent limitation results from the decision of the department under
s. 283.63 to make the water quality based effluent limitation more stringent than the effluent limitation in the permit as issued, reissued or modified.
283.15(10)(c)
(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. 283.11 (4) or
283.21.
283.15 History
History: 1973 c. 74;
1979 c. 221 s.
2202 (39);
1985 a. 29;
1987 a. 27,
60;
1995 a. 227 s.
861; Stats. 1995 s. 283.15.
283.15 Cross-reference
Cross Reference: See also chs.
NR 209 and
212 and s.
NR 200.01, Wis. adm. code.
283.17
283.17
Thermal effluent limitations. 283.17(1)
(1) Any thermal effluent limitation proposed by the department may be modified by it in accordance with
s. 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.
283.17(2)
(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. 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.
283.17 History
History: 1987 a. 27 ss.
1846mg,
1846ms; Stats. 1987 s. 147.055;
1991 a. 39;
1995 a. 227 s.
862; Stats. 1995 s. 283.17.
283.19
283.19
Standards of performance. 283.19(1)
(1) The department shall, by rule, promulgate standards of performance, for each class or category of sources referred to under
s. 283.13 (1) that is required to be covered by permits issued under
s. 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.
283.19(2)(a)(a) Standards of performance adopted under this section shall apply to all new sources within each class or category of sources for which a standard of performance has been adopted under this section.
283.19(2)(b)
(b) The term "new source" means any source, the construction of which commenced after the adoption of the standard of performance applicable to the category of sources of which it is a member.
283.19(3)
(3) The department shall revise such standards to reflect changes in control technology, processes, operating methods or other alternatives. When establishing or revising standards of performance under this section, the department shall consider the cost of achieving such effluent reductions and the nonwater quality environmental impact and energy requirements of such reductions.
283.19(4)
(4) The department may distinguish among classes, types and sizes within categories of sources for the purpose of establishing or revising standards of performance under this section.
283.19(5)
(5) After the effective date of any standard of performance promulgated by the department under this section, no owner or operator of any new source may operate such source in violation of any standard of performance applicable to such a source.
283.19 History
History: 1973 c. 74;
1993 a. 16.;
1995 a. 227 s.
863; Stats. 1995 s. 283.19
283.19 Cross-reference
Cross Reference: See also NR 200-, Wis. adm. code.
283.21
283.21
Toxic and pretreatment effluent standards. 283.21(1)(1)
Toxic effluent limitations and standards.
