Chapter 283

CHAPTER 283

POLLUTION DISCHARGE ELIMINATION

SUBCHAPTER I

POLICY AND PURPOSE

283.001   Statement of policy and purpose.

SUBCHAPTER II

DEFINITIONS

283.01   Definitions.

SUBCHAPTER III

STANDARDS; EFFLUENT LIMITATIONS

283.11   State and federal standards.

283.13   Effluent limitations.

283.15   Variances to water quality standard.

283.16   Statewide variance for phosphorus.

283.17   Thermal effluent limitations.

283.19   Standards of performance.

283.21   Toxic and pretreatment effluent standards.

SUBCHAPTER IV

PERMITS

283.31   Water pollutant discharge elimination system; permits, terms and conditions.

283.33   Storm water discharge permits.

283.35   General permits.

283.37   Applications for permit.

283.39   Public notice.

283.41   Notice to other government agencies.

283.43   Public access to information.

283.45   Fact sheets.

283.47   Requests for information by permittee.

283.49   Public hearing.

283.51   Mining hearing.

283.53   Permit duration, modification, revocation and reissuance.

283.55   Monitoring and reporting; access to premises.

283.57   Waste treatment service charges.

283.59   Reporting of new discharges.

283.60   Waiver for certain nutrient management research projects.

283.61   Exemption for certain alcohol fuel production systems.

283.62   Exemption for certain fruit and vegetable washing facilities.

283.63   Review of permits, decisions, terms and conditions.

SUBCHAPTER V

GENERAL PROVISIONS; ENFORCEMENT

283.81   Waiver.

283.82   Land application of sewage sludge.

283.83   Continuing planning process.

283.84   Trading of water pollution credits.

283.85   Design of publicly owned treatment facilities.

283.87   Liability for water pollution.

283.89   Enforcement.

283.91   Civil and criminal remedies.

283.93   Environmental pollution.

283.95   Savings clause.

Ch. 283 Cross-reference Cross-reference: See also NR 200- and chs. NR 102, 103, 104, and 105 Wis. adm. code.

subch. I of ch. 283 SUBCHAPTER I

POLICY AND PURPOSE

283.001 283.001 Statement of policy and purpose.

283.001(1) (1) Although in recent years intensive efforts have been made toward the abatement of pollution of the waters of this state, pollution of these waters continues. Unabated pollution of the waters of this state continues to arouse widespread public concern. It continues to endanger public health; to threaten fish and aquatic life, scenic and ecological values; and to limit the domestic, municipal, recreational, industrial, agricultural and other uses of water. It is the policy of this state to restore and maintain the chemical, physical, and biological integrity of its waters to protect public health, safeguard fish and aquatic life and scenic and ecological values, and to enhance the domestic, municipal, recreational, industrial, agricultural, and other uses of water. In order to achieve this policy, the legislature declares that:

283.001(1)(a) (a) It is the goal of the state of Wisconsin to eliminate the discharge of pollutants into the waters of the state by 1985;

283.001(1)(b) (b) It is also the goal of the state of Wisconsin that, wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by 1983;

283.001(1)(c) (c) It is also the policy of the state of Wisconsin that the discharge of toxic pollutants in toxic amounts be prohibited.

283.001(2) (2) The purpose of this chapter is to grant to the department of natural resources all authority necessary to establish, administer and maintain a state pollutant discharge elimination system to effectuate the policy set forth under sub. (1) and consistent with all the requirements of the federal water pollution control act amendments of 1972, P.L. 92-500; 86 Stat. 816.

283.001 History History: 1973 c. 74; 1995 a. 227 s. 846; Stats. 1995 s. 283.001.

283.001 Cross-reference Cross-reference: See also NR 200-, chs. NR 102, 103, 104, and 105 and s. NR 1.50, Wis. adm. code.

283.001 Annotation In the context of regulating concentrated animal feeding operation manure applications, the broad grant of authority under sub. (2) is not limited by s. 283.11 (2). Maple Leaf Farms, Inc. v. DNR, 2001 WI App 170, 247 Wis. 2d 96, 633 N.W.2d 720, 00-1389.

283.001 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. The Department of Natural Resources 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, Inc. v. DNR, 2001 WI App 170, 247 Wis. 2d 96, 633 N.W.2d 720, 00-1389.

283.001 Annotation Fish on Morphine: Protecting Wisconsin’s Natural Resources through a Comprehensive Plan for Proper Disposal of Pharmaceuticals. Christenson. 2008 WLR 141.

subch. II of ch. 283 SUBCHAPTER II

DEFINITIONS

283.01 283.01 Definitions. In this chapter:

283.01(1) (1) “Biological monitoring” means the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical and biological characteristic of the effluent and at appropriate frequencies and locations.

283.01(2) (2) “Construction” means any placement, assembly or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises.

283.01(3) (3) “Department” means the department of natural resources.

283.01(4) (4) “Discharge” when used without qualification includes a discharge of any pollutant.

283.01(5) (5) “Discharge of pollutant” or “discharge of pollutants” means any addition of any pollutant to the waters of this state from any point source.

283.01(6) (6) “Effluent limitation” means any restriction established by the department, including schedules of compliance, on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into waters of this state.

283.01(6m) (6m) “Environmental pollution” means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

283.01(7) (7) “Municipality” means any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes or other wastes.

283.01(8) (8) 

283.01(8)(a) (a) “New source” means, except as provided in par. (b), any point source the construction of which commenced after the effective date of a standard of performance under 33 USC 1316 that is applicable to the point source.

283.01(8)(b) (b) If the federal environmental protection agency proposes a standard of performance under 33 USC 1316 that is applicable to a point source and if the standard of performance takes effect within 120 days of the publication of that proposed standard of performance, “new source” means a point source the construction of which commenced after the date of publication of that proposed standard of performance.

283.01(9) (9) “Owner or operator” means any person owning or operating a point source of pollution.

283.01(10) (10) “Permit” means a permit for the discharge of pollutants issued by the department under this chapter.

283.01(11) (11) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.

283.01(12) (12) “Point source” means either of the following:

283.01(12)(a) (a) A discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants may be discharged either into the waters of the state or into a publicly owned treatment works except for a conveyance that conveys only storm water. This term does not include agricultural storm water discharges and return flows from irrigated agriculture.

283.01(12)(b) (b) A discernible, confined, and discrete conveyance of storm water for which a permit is required under s. 283.33 (1). This term does not include agricultural storm water discharges and return flows from irrigated agriculture.

283.01(13) (13) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

283.01(14) (14) “Pollution” means man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

283.01(15) (15) “Schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or other limitation, prohibition or standard.