283.31(8)(c)
(c) The department shall annually submit a report to the joint committee on finance and, under
s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under
s. 20.370 (4) (mi) under
par. (b).
283.31 Annotation
In the context of regulating concentrated animal feeding operation manure applications, the broad grant of authority under s. 283.001 (2), is not limited by sub. (2). Maple Leaf Farms v. DNR,
2001 WI App 170,
247 Wis. 2d 96,
633 N.W.2d 720,
00-1389.
283.31 Annotation
A concentrated animal feeding operation (CAFO) under s. 283.01 (12) includes not only where the animals are confined, but also the equipment that applies the animal waste to fields outside the confinement area, whether the fields are owned by the CAFO operator or others. Any overapplication of manure by the operator is a discharge under s. 283.01 (5) whether because of runoff to surface waters or percolation to groundwater. DNR has authority to regulate discharges from overapplication of manure from a CAFO regardless of whether the discharge occurs on land owned by the CAFO. Maple Leaf Farms v. DNR,
2001 WI App 170,
247 Wis. 2d 96,
633 N.W.2d 720,
00-1389.
283.31 Annotation
The DNR has authority under sub. (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, as determined by the 1990 federal census.
283.33(1)(c)
(c) A discharge of storm water from a municipal separate storm sewer system serving an area located in an urbanized area, as determined by the U.S. bureau of the census based on the latest decennial federal census.
283.33(1)(cg)
(cg) A discharge of storm water from a municipal separate storm sewer system serving an area with a population of 10,000 or more and a population density of 1,000 or more per square mile, if the system is designated by the department to be regulated under this section based on an evaluation of whether the storm water discharge results in, or has the potential to result in, water quality standards being exceeded, including impairment of designated uses, or in other significant water quality impacts, including habitat and biological impacts.
283.33(1)(cr)
(cr) A discharge of storm water from a municipal separate storm sewer system that is designated by the department to be regulated under this section because the system contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this section.
283.33(1)(d)
(d) A discharge of storm water from a facility or activity, other than a facility or activity under
pars. (a) to
(cr), 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) to
(cr) 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 for the administration of this section. 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;
2001 a. 16.
283.33 Cross-reference
Cross-reference: See s.
NR 216.41, Wis. adm. code.
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(1m)(a)(a) The department may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state. A general permit issued under this subsection may contain effluent limitations.
283.35(1m)(b)
(b) If the department issues a general permit under
par. (a), the department shall charge the following fees:
283.35(1m)(b)1.
1. An application fee of $1,200 to be paid by any person who applies for coverage under a general permit issued under this subsection.
283.35(1m)(b)2.
2. An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.
283.35(1m)(d)
(d) On or before June 30, 2013, the department shall promulgate rules establishing application fees and annual fees for coverage under a general permit issued under this subsection. The department shall establish fees that are based on the costs to the department of administering and enforcing this subsection. The department shall charge the fees established by rule under this paragraph beginning on July 1, 2013.
283.35(1m)(e)
(e) Coverage under a general permit issued under this subsection is valid for a period of 5 years. The department may renew coverage under a general permit issued under this subsection upon application.
283.35(1m)(f)
(f) The department shall credit the fees collected under this subsection to the appropriation account under
s. 20.370 (4) (aj).
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;
2009 a. 28.
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.
283.37(5)
(5) The department may require the applicant to submit information in addition to that supplied on the permit application.
283.37(6)
(6) Subsections (1) to
(5) do not apply to an owner or operator of a point source eligible for coverage under a general permit under
s. 283.35 and rules promulgated by the department under that section. The department may require the owner or operator to submit information regarding any discharge.
283.37 History
History: 1973 c. 74;
1979 c. 221 ss.
650d,
650dg,
2202 (39);
1993 a. 16,
112,
482;
1995 a. 227 s.
854; Stats. 1995 s. 283.37.
283.37 Cross-reference
Cross-reference: See also s.
NR 200.01, Wis. adm. code.
283.39(1)(1) The department shall promulgate by rule procedures for providing to interested members of the public notices of each complete application for a permit. Procedures for providing public notices shall include at least the following:
283.39(1)(a)
(a) Publication of the notice as a class 1 notice under
ch. 985;
283.39(1)(b)
(b) Mailing of the notice to any person or group upon request.
