283.59(4)
(4) Notice of a new or increased discharge submitted to the department under this section shall be given at least 180 days prior to the date such new or increased discharge shall commence. The department, through the department of justice as provided under
s. 283.89, may enforce violations of this section directly against persons subject to
s. 283.37 (4).
283.59 History
History: 1973 c. 74;
1995 a. 227 s.
873; Stats. 1995 s. 283.59.
283.61
283.61
Exemption for certain alcohol fuel production systems. 283.61(1)(1)
Definitions. As used in this section:
283.61(2)
(2) Exemption. No permit is required under this chapter for the owner of a private alcohol fuel production system to discharge or dispose of any distillate waste product if the waste product is stored in an environmentally sound storage facility and disposed of using an environmentally safe land spreading technique and the discharge or disposal is confined to the property of the owner.
283.61 History
History: 1979 c. 221;
1995 a. 227 s.
848; Stats. 1995 s. 283.61.
283.62
283.62
Exemption for certain fruit and vegetable washing facilities. 283.62(1)(1)
Definitions. As used in this section:
283.62(1)(b)
(b) "Washing station" means a facility where fruits or vegetables are washed or cleaned after harvesting and before further processing.
283.62(1)(c)
(c) "Wash water" means water that has been used at a washing station to wash or clean fruits or vegetables and that may contain dirt or other substances removed from the fruits or vegetables during the washing process or biodegradable additives used during the washing process.
283.62(1)(d)
(d) "Wash water storage facility" means a facility, including a settling pond or lagoon, that is used to store wash water.
283.62(2)
(2) Exemption. The owner of a washing station may discharge or dispose of wash water, and may land spread or compost plant parts separated from the wash water, without a permit under this chapter if all of the following requirements are met:
283.62(2)(a)
(a) The washing station is not adjacent to or operated as part of a food processing plant, as defined in
s. 97.29 (1) (h).
283.62(2)(b)
(b) All wash water is either stored in a sealed wash water storage facility or is dispersed on land owned or leased by the owner of the washing station in a manner which avoids ponding, runoff and nuisance conditions and in accordance with acceptable agricultural practices or acceptable practices for the land spreading of waste.
283.62(2)(c)
(c) All plant parts that are separated from the wash water are either composted or stored in a plant parts storage facility and disposed of using an environmentally safe land spreading technique. The disposal or composting must be confined to property owned or leased by the owner of the washing station.
283.62(2)(d)
(d) For a washing station that anticipates operating at least 100 days per year or that operated at least 100 days during the immediately preceding year, do all of the following:
283.62(2)(d)1.
1. Register annually with the department as a washing station.
283.62(2)(d)2.
2. Submit annually an operating plan that implements best management practices and that is approved by the department.
283.62(2)(d)3.
3. Operate only in accordance with the approved operating plan.
283.62 History
History: 1995 a. 99;
1995 a. 227 s.
849; Stats. 1995 s. 283.62.
283.63
283.63
Review of permits, decisions, terms and conditions. 283.63(1)(1) Any permit applicant, permittee, affected state or 5 or more persons may secure a review by the department of any permit denial, modification, suspension or revocation, the reasonableness of or necessity for any term or condition of any issued, reissued or modified permit, any proposed thermal effluent limitation established under
s. 283.17 or any water quality based effluent limitation established under
s. 283.13 (5). Such review shall be accomplished in the following manner:
283.63(1)(a)
(a) A verified petition shall be filed with the secretary setting forth specifically the issue sought to be reviewed by the department. Such petition must be filed within 60 days after notice of any action which is reviewable under this section is issued by the department. The petition shall indicate the interest of the petitioners and the reasons why a hearing is warranted. Upon receipt of such petitions, the department shall circulate a notice of public hearing in accordance with the requirements of
s. 283.39 (1) at least 10 days prior to holding a public hearing thereon.
283.63(1)(am)
(am) After a verified petition for review is filed and until the last day for seeking review of the department's decision or a later date fixed by order of the reviewing court, any term or condition, thermal effluent limitation or water quality based effluent limitation which is the subject of the petition is not effective. All other provisions of the permit continue in effect except those for which an application for a variance has been submitted under
s. 283.15. For those provisions for which a petition for review 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.
283.63(1)(b)
(b) The department shall hold a public hearing at the time and place designated in the notice of hearing. At the beginning of each such hearing the petitioner shall present evidence to the department which is in support of the allegation made in the petition. All interested persons or their representative shall be afforded an opportunity to present facts, views or arguments relevant to the issues raised by the petitioners, and cross-examination shall be allowed. The department shall consider anew all matters concerning the permit denial, modification, suspension or revocation. No person may be required to appear by attorney at any hearing under this section.
283.63(1)(c)
(c) Any duly authorized representative of the department may administer oaths or affirmations, compel the attendance of witnesses and the production of information by subpoena and continue or postpone the hearing to such time and place as the department determines.
283.63(1)(d)
(d) The department shall issue its decision on the issues raised by the petitioner within 90 days after the close of the hearing.
283.63(2)
(2) The decisions of the department issued under this section shall be subject to judicial review as provided in
ss. 227.52 to
227.58.
283.63(3)
(3) Subsections (1) and
(2) do not apply if a hearing on the permit application is conducted as a part of a hearing under
s. 293.43.
283.63(4)
(4) Subsections (1) and
(2) do not apply to the modification of a permit which implements a decision under
s. 283.15 or the denial of a request for a variance under
s. 283.15. A proceeding under
subs. (1) and
(2) shall not be delayed pending completion of the review of a variance request under
s. 283.15.
283.63(5)
(5) Rules promulgated under
s. 281.15 may not be reviewed under this section. The application of rules promulgated under
s. 281.15 may be reviewed under this section.
283.63 History
History: 1973 c. 74;
1979 c. 110,
221;
1985 a. 182 s.
57;
1987 a. 27,
60;
1995 a. 227 s.
875; Stats. 1995 s. 283.63.
283.63 Annotation
The judicial review procedure under this section, in conjunction with s. 227.05, 1983 stats [now s. 227.40], is exclusive. Sewerage Commission of Milwaukee v. DNR,
102 Wis. 2d 613,
307 N.W.2d 189 (1981).
283.63 Annotation
Timely review under s. 147.20 [now s. 283.63] of a modified permit does not reopen for consideration those unmodified portions of the permit for which the review period has expired. Village of Theinsville v. DNR,
130 Wis. 2d 276,
386 N.W.2d 519 (Ct. App. 1986).
GENERAL PROVISIONS; ENFORCEMENT
283.81
283.81
Waiver. The department may waive compliance with any requirement of this chapter or shorten the time periods under this chapter to the extent necessary to prevent an emergency condition threatening public health, safety or welfare.
283.81 History
History: 1983 a. 410;
1995 a. 227 s.
850; Stats. 1995 s. 283.81.
283.83
283.83
Continuing planning process. The department shall establish a continuing water pollution control planning process which is consistent with applicable state requirements. The continuing planning process shall result in plans for all waters of the state, which plans shall include:
283.83(1)
(1) Adequate effluent limitations and schedules of compliance;
283.83(2)
(2) The incorporation of all elements of any applicable areawide waste management plans, basin plans and statewide land use plans;
283.83(3)
(3) Total maximum daily load for pollutants;
283.83(5)
(5) Procedures for intergovernmental cooperation;
283.83(6)
(6) Implementation procedures, including schedules of compliance, for revised or new water quality standards;
283.83(7)
(7) Controls over the disposition of all residual waste from any water treatment processing;
283.83(8)
(8) An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.
283.83 History
History: 1973 c. 74;
1995 a. 227 s.
878; Stats. 1995 s. 283.83.
283.83 Cross-reference
Cross Reference: See also chs.
NR 121 and
212, Wis. adm. code.
283.84
283.84
Trading of water pollution credits. 283.84(1)
(1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. The department may only administer a pilot project if the pilot project is consistent with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to
sub. (1m), a pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:
283.84(1)(a)
(a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.
283.84(1)(b)
(b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.
283.84(1)(c)
(c) Reaches an agreement with the department or a local governmental unit, as defined in
s. 22.01 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.
283.84(1m)
(1m) A pilot project may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:
283.84(1m)(b)
(b) The authorized increase in pollutants and the reduction in pollution provided for in the agreement under
sub. (1) (a),
(b) or
(c) involve the same pollutant or the same water quality standard.
283.84(2)
(2) The department may select an area as a project area under this section only if all of the following apply:
283.84(2)(a)
(a) The area is the watershed or a portion of the watershed of an impaired water body that the department has identified to the federal environmental protection agency under
33 USC 1313 (d) (1) (A).
283.84(2)(b)
(b) The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.
283.84(2)(c)
(c) Potential participants located in the area exhibit an interest in participating in a pilot project.
283.84(3)(a)(a) The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include representatives of persons in the project area who hold permits.
283.84(3m)
(3m) A person engaged in mining, as defined in
s. 293.01 (9), prospecting, as defined in
s. 293.01 (18), or nonmetallic mining, as defined in s.295.11 (3), may not enter into an agreement under
sub. (1) (a),
(b) or
(c).
283.84(4)
(4) The department shall amend the permits of persons entering into agreements under
sub. (1) to enable the agreements to be implemented.
283.84(5)
(5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.
283.84 History
History: 1997 a. 27;
2001 a. 16.
283.85
283.85
Design of publicly owned treatment facilities. 283.85(1)(1) The department shall encourage the design of publicly owned treatment works which provide for:
283.85(1)(a)
(a) The recycling of sewage pollutants by using them in agriculture, silviculture or aquaculture;
283.85(1)(b)
(b) The confined and contained disposal of those pollutants not recycled;
283.85(1)(d)
(d) The ultimate disposal of sludge in a manner not resulting in environmental hazards; and
283.85(1)(e)
(e) The integration of facilities for sewage disposal with other facilities designed to dispose of solid waste and thermal pollution, for the purpose of producing revenues in excess of cost in the operation of the integrated facility.
283.85(2)
(2) All plans submitted under
s. 281.41 after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under
s. 281.55 or
281.57 or under
ss. 281.58 and
281.59, shall contain:
283.85(2)(a)
(a) Adequate analysis and data establishing that the works or modification is the most cost efficient method of meeting limitations and standards required of the facility; and
283.85(2)(b)
(b) A feasibility plan on using ultimate disposal of pollutants to land rather than to air or the waters of the state.
283.87
283.87
Liability for water pollution. 283.87(1)
(1)
Department may recover costs. In an action against any person who violates this chapter or any provision of
s. 29.601 or
chs. 30,
31,
281,
285 or
289 to
299, except
s. 281.48, relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.
283.87(2)
(2) Adverse effects. The department may introduce evidence of the environmental pollution that resulted from the unlawful discharge or deposit and evidence of the potential of the water environment for public use if the unlawful discharge or deposit had not occurred in order to assist the court in determining the adverse effects upon the water environment resulting from the unlawful discharge or deposit and in determining the amount of liability under
sub. (1).
283.87(3)
(3) Administration of award. The court shall administer an award made under this section. An award made under this section may be used to remove, terminate or remedy the adverse effects of the discharge or deposit, to restore or develop the water environment for public use or to provide grants to municipalities consistent with any court order.
283.87(4)
(4) Aids to municipalities; environmental damage compensation. The department may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under
s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under
sub. (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.
