283.57
283.57
Waste treatment service charges. No permit shall be issued to any publicly owned treatment works any part of which was constructed with the aid of federal grants made after March 1, 1973, unless it has adopted or will adopt a system of charges to assure that:
283.57(1)
(1) Each recipient of waste treatment services shall pay its proportionate share of the cost of operation and maintenance, including replacement, of any waste treatment services provided by such treatment works;
283.57(2)
(2) Each industrial user of the treatment works shall pay that portion of the cost of construction of the treatment works paid by the federal government allocable to the treatment of its industrial waste.
283.57 History
History: 1973 c. 74;
1995 a. 227 s.
874; Stats. 1995 s. 283.57.
283.59
283.59
Reporting of new discharges. 283.59(1)
(1) Any permittee discharging pollutants into the waters of the state shall report to the department any facility expansion, production increases, or process modifications which result in new or increased discharges of pollutants exceeding the terms of the permit. Such report shall be by submission of a new permit application or, if the new or increased discharge does not violate the effluent limitations specified in the permit, by submission of notice to the department of the nature of such new or increased discharge. The form and content of such notice shall be prescribed by departmental rule.
283.59(2)
(2) Any person discharging, or intending to begin discharging, into a publicly owned treatment works who is or will become subject to the discharge reporting requirements of
s. 283.37 (4), shall give notice to the department and the owner or operator of such works the following:
283.59(2)(a)
(a) Any introduction of pollutants into such treatment works from any new source; or
283.59(2)(b)
(b) Any types or volumes of pollutants being introduced into such treatment works which were not described in the report submitted under
s. 283.37 (4).
283.59(3)
(3) The owner or operator of a publicly owned treatment works receiving a notice under
sub. (2) is subject to
sub. (1), and shall also include information on the quality and quantity of effluent to be introduced into such treatment works and any anticipated impact of such pollutants on the quantity or quality of effluent to be discharged from such works.
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.
283.60
283.60
Waiver for certain nutrient management research projects. 283.60(1)(1) The department may waive compliance with any requirement of this chapter or of a permit issued under this chapter for a research project for the purpose of evaluating advanced agricultural nutrient management tools and precision agricultural technology, if all of the following conditions are met:
283.60(1)(a)
(a) The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.
283.60(1)(b)
(b) The department reviews and approves the project before the project begins.
283.60(1)(c)
(c) The person who will operate the project agrees to take necessary actions to maintain compliance with surface water and groundwater requirements under
ch. 281 and this chapter, other than a requirement waived under this section, and to take necessary actions to regain compliance with those requirements if a violation occurs in the course of the project.
283.60(2)
(2) A person seeking a waiver under
sub. (1) shall apply to the department in writing. The department shall approve or deny an application in writing no more than 45 days after receiving a complete application. The department may approve an application with conditions, including requirements for reporting project activities to the department and limitations on the duration of the project or the waiver for the project.
283.60(3)
(3) A project for which the department grants a waiver under
sub. (1) is an agricultural practice for the purposes of
s. 823.08.
283.60 History
History: 2011 a. 32,
188.
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, termination, or revocation and reissuance, 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 provide 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. The public notice shall be considered to be provided on the date specified in
s. 283.39 (1m).
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, termination, or revocation and reissuance. 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 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).
283.63 Annotation
This section does not require DNR to hold a public hearing on a petition for review when the premise of the petition is that the permit fails to comply with basic requirements of the federal Clean Water Act and federal regulations promulgated thereunder. By approving the WPDES permit program and by failing to object to the permit, the EPA effectively determined that the permit complies with federal regulations. Requiring DNR to subsequently determine whether the permit complies with those same federal regulations would be to empower DNR to undercut the EPA's determination. Andersen v. Department of Natural Resources,
2011 WI 19,
332 Wis. 2d 41,
796 N.W.2d 1,
08-3235.
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.
283.82
283.82
Land application of sewage sludge. 283.82(1)
(1) The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.
283.82(2)
(2) No city, village, town, or county may prohibit, through zoning or any other means, the application of sewage sludge to land if that application complies with this section and rules promulgated under this section.
283.82(3)
(3) A city, village, town, or county may regulate the application of sewage sludge to land if the regulation is identical to regulations of the department under
sub. (1).
283.82 History
History: 2005 a. 347.
283.83
283.83
Continuing planning process. 283.83(1)
(1) 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)(a)
(a) Adequate effluent limitations and schedules of compliance;
283.83(1)(b)
(b) The incorporation of all elements of any applicable areawide waste management plans, basin plans and statewide land use plans;
283.83(1)(e)
(e) Procedures for intergovernmental cooperation;
283.83(1)(f)
(f) Implementation procedures, including schedules of compliance, for revised or new water quality standards;
283.83(1)(g)
(g) Controls over the disposition of all residual waste from any water treatment processing;
283.83(1)(h)
(h) An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.
283.83(2)
(2) When the department receives for review or prepares a new plan under
sub. (1) or a revision to a plan under
sub. (1) that includes a proposal to return water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.
283.83 History
History: 1973 c. 74;
1995 a. 227 s.
878; Stats. 1995 s. 283.83;
2007 a. 227.
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 a program for the trading of water pollution credits that is consistent with the federal Water Pollution Control Act,
33 USC 1251 to
1387. Subject to
sub. (1m), under the program the department 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 a binding, written agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants below the levels that would otherwise be authorized in the other person's permit.
283.84(1)(b)
(b) Reaches a binding, written 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 below the levels of water pollution that it causes when the agreement is reached.
283.84(1)(c)
(c) Reaches a binding, written agreement with the department or a local governmental unit, as defined in
s. 16.97 (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 or to provide cost-sharing, for the purposes of
s. 281.16 (3) (e) or
(4), for projects to reduce water pollution.
283.84(1)(d)
(d) Reaches a binding, written agreement with the department under which the person reduces the discharge of pollutants under another permit that the person holds below the levels that would otherwise be authorized in the other permit.
283.84(1)(e)
(e) Reaches a binding, written agreement with the department under which the person constructs a project or implements a plan that results in reducing the amount of water pollution from sources other than the source covered by the permit.
283.84(1m)
(1m) Under the program, the department 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)(a)
(a) The agreement under
sub. (1) results in an improvement in water quality.
283.84(1m)(b)
(b) The increase in pollutants and the reduction in pollutants provided for in the agreement under
sub. (1) involve the same pollutant or the same water quality standard.
283.84(1m)(d)
(d) The increase in pollutants and the reduction in pollutants occur within the same basin or portion of a basin, as determined by the department.
