Entering into a binding written agreement, that is approved by the department, with another person under which the person constructs a project or implements a plan that is designed to result in an annual reduction of phosphorus pollution from other sources in the basin in which the point source is located, in an amount equal to the difference between the annual amount of phosphorus discharged by the point source and the target value.
(7) More stringent effluent limitations.
If the department determines under sub. (3) (cm)
or (3m) (a)
that the interim effluent limitations under sub. (6) (a)
, or any other effluent limitations that are in effect as a result of a previous review under sub. (3)
, are not consistent with the highest attainable condition for a point source or category of point sources eligible for the variance under this section, the department shall include the more stringent effluent limitations that were specified under sub. (3) (cm)
or (3m) (a)
as being consistent with the highest attainable condition in permits that are reissued, modified, or revoked and reissued after that determination for the point source or category of point sources to which the more stringent effluent limitations apply.
A permittee that chooses to make payments for phosphorus reduction under sub. (6) (b) 1.
shall make the payments to each county that is participating in the program under this subsection and that has territory within the basin in which the point source is located in proportion to the amount of territory each county has within the basin. The permittee shall make a total payment by March 1 of each calendar year in the amount equal to the per pound amount under subd. 2.
times the number of pounds by which the amount of phosphorus discharged by the point source during the previous year exceeded the point source's target value or $640,000, whichever is less. If no county that has territory within the basin is participating in the program under this subsection, the department shall direct the permittee to make payments to participating counties selected by the department.
The per pound payment for this subsection is $50 beginning on April 25, 2014. Beginning in 2015, the department shall adjust the per pound payment each year by a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months ending on the preceding December 31. The adjusted amount takes effect for permits reissued on April 1. The per pound payment in effect when a permit is reissued applies for the term of the permit.
A county shall use payments received under this subsection to provide cost sharing under s. 281.16 (3) (e)
for projects to reduce the amount of phosphorus entering the waters of the state, for staff to implement projects to reduce the amount of phosphorus entering the waters of the state from nonpoint sources, or for modeling or monitoring to evaluate the amount of phosphorus in the waters of the state for planning purposes.
A county shall use at least 65 percent of the amounts received under this subsection to provide cost sharing under s. 281.16 (3) (e)
No later than March 1 of each year, a county shall develop a plan for using the payments received under this subsection in the previous year that is consistent with the county's land and water resource management plan under s. 92.10
. A county shall do all of the following in the plan under this subdivision:
Identify projects that have, or watersheds in which there exists, the greatest potential to reduce the amount of phosphorus per acre entering the waters of the state, based on an assessment of the land and land use practices in the county.
Describe the measures it will take to ensure that each project that it funds is completed and evaluated.
No later than May 1 of the 2nd year following a year in which a county receives payments under this subsection, the county shall submit an annual report to the department of natural resources, the department of agriculture, trade and consumer protection, and each permittee from which it received those payments. In the annual report, the county shall describe the projects for which it provided cost sharing, quantify, in pounds, the associated phosphorus reductions achieved using accepted modeling technology, and identify any staff funded with the payments.
The department shall evaluate reports submitted under subd. 3.
If the department determines that a county is not using the payments to effectively reduce the amount of phosphorus entering the waters of the state from nonpoint sources, the department may require permittees who made the payments to eliminate or reduce future payments to the county.
A county shall notify the department by January 1 of each year if it chooses not to participate in the program under this subsection.
A person who constructs a project or implements a plan under an agreement under sub. (6) (b) 2.
that involves activities for which performance standards and prohibitions have been prescribed under s. 281.16 (2)
shall comply with those performance standards and prohibitions and any associated technical standards.
A person who constructs a project or implements a plan under an agreement under sub. (6) (b) 2.
shall annually submit a report to the department that quantifies, in pounds, the phosphorus reductions achieved through the project or plan, using accepted modeling technology. The department shall review reports submitted under this paragraph. If the department determines, based on the results of the modeling, that a project or plan is not effectively reducing the amount of phosphorus entering the waters of the state, the department shall terminate or modify the agreement.
(9) Federal requirements.
Notwithstanding any of the provisions of this section, the department shall comply with the provisions of 40 CFR 131.14
when approving and implementing a variance under this section.
History: 2013 a. 378
; 2015 a. 205
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.
If a point source with a discharge having a thermal component is modified, the point source shall not be subject to any more stringent effluent limitation with respect to the thermal component of its discharge 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
of the internal revenue code, whichever ends first, if all of the following apply:
The modification of the point source commenced after October 18, 1972.
The point source, as modified, meets the most stringent effluent limitation established under s. 283.13
The limitation under par. (b)
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.
History: 1987 a. 27
; Stats. 1987 s. 147.055; 1991 a. 39
; 1995 a. 227
; Stats. 1995 s. 283.17; 2015 a. 307
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.
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.
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.
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.
No owner or operator of any new source may operate such source in violation of any standard of performance applicable to such a source.
History: 1973 c. 74
; 1993 a. 16
.; 1995 a. 227
; Stats. 1995 s. 283.19; 2015 a. 307
Cross-reference: See also NR 200-, Wis. adm. code.
Toxic and pretreatment effluent standards. 283.21(1)(1)
Toxic effluent limitations and standards. 283.21(1)(a)
The department shall promulgate by rule a list of toxic pollutants or combinations of pollutants subject to this chapter which consists of those toxic pollutants referred to in table 1 of committee print number 95-30 of the committee on public works and transportation of the U.S. house of representatives. After promulgation of this list, the department may revise by rule the list periodically and may add to or remove from the list any pollutant. In revising this list the department shall consider the toxicity of the pollutant, its persistence, degradability, the usual or potential presence in any waters of any organisms affected by the discharge of the toxic pollutant or combination of pollutants, the importance of the affected organism and the nature and extent of the effect of the toxic pollutant on these organisms. A determination by the department under this subsection is subject to declaratory judgment proceedings under s. 227.40
The department may promulgate by rule an effluent standard, which may include a prohibition, establishing requirements for a toxic pollutant which, if an effluent limitation is applicable to a class or category of point sources, is applicable to that category or class of point sources only if this effluent standard imposes more stringent requirements than are imposed under s. 283.13 (2) (b)
. An effluent standard promulgated under this section shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of affected organisms in any waters, the importance of affected organisms, the nature and extent of the effect of the toxic pollutant on these organisms and the extent to which effective control is being or may be achieved under other regulatory authority.
The department shall promulgate by rule an effluent standard which may include a prohibition in accordance with par. (a)
for each toxic pollutant referred to in table 1 of committee print number 95-30 of the committee on public works and transportation of the U.S. house of representatives as soon as practicable but no later than one year after the U.S. environmental protection agency promulgates an effluent standard for the pollutant. The department shall establish effluent standards for any other toxic pollutant listed under par. (a)
as soon as practicable after it is listed. Each effluent standard promulgated under this paragraph shall be reviewed and, if appropriate, revised every 3 years.
Ample margin of safety.
An effluent standard promulgated under this subsection shall be established at that level which the department determines provides an ample margin of safety.
Applicability to classes or categories of sources.
If the department proposes or promulgates an effluent standard under this subsection, it shall designate the class or category of point sources to which the effluent standard applies. The department may include the disposal of dredged material in a class or category of point sources.
An effluent standard promulgated under this subsection takes effect on the date specified in the order promulgating the standard, but not more than one year after the date of the order. If the department determines that compliance within one year after the date of the order is technologically infeasible for a class or category of sources, the department may establish the effective date for the effluent standard for that class or category of sources at the earliest date upon which compliance can be feasibly attained by those sources, but in no case more than 3 years after the date of the order.
Procedure for promulgation in absence of federal standards.
In promulgating rules establishing a toxic effluent standard or prohibition for which the U.S. environmental protection agency has not promulgated a toxic effluent limitation, standard or prohibition, the department shall follow the additional procedures specified in s. 283.11 (4) (d)
The department shall by rule promulgate pretreatment standards to regulate the introduction into publicly owned treatment works of pollutants which are not susceptible to treatment by such treatment works or which would interfere with the operation of such treatment works.
Pretreatment standards promulgated under this section shall specify a time for compliance, not to exceed 3 years after the date of promulgation, and shall be established to prevent the discharge through any publicly owned treatment work of any pollutant which interferes with, passes through, or otherwise is incompatible with the treatment works. If any toxic pollutant under sub. (1)
is introduced by a source into a publicly owned treatment works, if the treatment by the works removes all or any part of that toxic pollutant, if the discharge from the works does not violate the effluent limitation or standard which would be applicable to that toxic pollutant if it were discharged by the source other than through a publicly owned treatment works and if the treatment of that toxic pollutant does not prevent sludge use or disposal by the works in accordance with section 1345 of the federal water pollution control act, as amended, 33 USC 1251
, then the pretreatment requirements for the sources actually discharging the toxic pollutant into the publicly owned treatment works may be revised by the owner or operator of the works to reflect the removal of that toxic pollutant by the works.
The department shall by rule promulgate the classes or categories of sources to which the pretreatment standards adopted under this section shall apply.
The department shall revise the pretreatment standards adopted under this section to reflect changes in control technology, processes, operating methods or other alternatives.
History: 1973 c. 74
; 1979 c. 221
; 1985 a. 29
; 1985 a. 182
; 1995 a. 227
; Stats. 1995 s. 283.21.
Cross-reference: See also NR 200-, Wis. adm. code.
Water pollutant discharge elimination system; permits, terms and conditions. 283.31(1)(1)
The discharge of any pollutant into any waters of the state or the disposal of sludge from a treatment work by any person is unlawful unless such discharge or disposal is done under a permit issued by the department under this section or s. 283.33
. The department may by rule exempt certain classes or categories of vessels from this section.
No permit shall be issued by the department for the discharge into the waters of the state of any of the following:
Any radiological, chemical or biological warfare agent or high-level radioactive waste.
Any discharge which the secretary of the army acting through the chief of the U.S. army corps of engineers has objected to in writing on the ground that anchorage and navigation would be substantially impaired.
Any discharge to which the U.S. environmental protection agency has objected to in writing pursuant to s. 283.41
Any discharge from a point source which is in conflict with any existing area-wide waste treatment management plan approved by the department. No area-wide waste treatment management plan may require the abandonment of existing waste treatment facilities which meet the requirements of this chapter unless the abandonment of such facilities clearly represents the most efficient and cost-effective method of providing waste treatment for the entire planning area.
The department may issue a permit under this section for the discharge of any pollutant, or combination of pollutants, other than those prohibited under sub. (2)
, upon condition that such discharges will meet all the following, whenever applicable, subject to sub. (5m)
Effluent standards, effluents prohibitions and pretreatment standards.
Any more stringent limitations, including those:
Necessary to meet federal or state water quality standards, or schedules of compliance established by the department; or
Necessary to comply with any applicable federal law or regulation; or
Necessary to avoid exceeding total maximum daily loads established pursuant to a continuing planning process developed under s. 283.83
Any more stringent legally applicable requirements necessary to comply with an approved areawide waste treatment management plan.
Groundwater protection standards established under ch. 160
The department shall prescribe conditions for permits issued under this section to assure compliance with the requirements of sub. (3)
. Such additional conditions shall include at least the following, subject to sub. (5m)
That the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit;
That facility expansions, production increases, or process modifications which result in new or increased discharges of pollutants at frequencies or levels in excess of the maximum discharges described in the permit shall be reported to the department under s. 283.59 (1)
That the permittee shall permit authorized representatives of the department upon the presentation of their credentials to enter upon any premises in which an effluent source is located or in which any records are required to be kept for the purpose of administering s. 283.55
That the permittee shall at all times maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit;
That if a toxic effluent standard or prohibition, including any schedule of compliance specified in such effluent standard or prohibition, is established under s. 283.21 (1)
for a toxic pollutant present in the permittee's discharge and, if such standard or prohibition is more stringent than any limitation upon such pollutant in the permit, the department shall revise or modify the permit in accordance with the toxic effluent standard or prohibition;
That, if the permit is for a discharge from a publicly owned treatment work, the permittee shall:
Inform the department of any new introduction of pollutants into the treatment works under s. 283.59 (2)
Each permit issued by the department under this section shall, in addition to those criteria provided in subs. (3)
, specify maximum levels of discharges. Maximum levels of discharges shall be developed from the permittee's reasonably foreseeable projection of maximum frequency or maximum level of discharge resulting from production increases or process modifications during the term of the permit.
The department shall include the requirements of 40 CFR 451.11
in permits issued under this section for concentrated aquatic animal production facilities described in 40 CFR 451.10
. The department may not include additional conditions in a permit for a fish farm except as necessary for the farm to meet the applicable limitations, standards, and other provisions described in sub. (3) (a)
. Any conditions included in a permit issued under this section for a fish farm shall be limited to site-specific best management practices to the greatest extent allowed under federal law.
Any permit issued by the department under this chapter which by its terms limits the discharge of one or more pollutants into the waters of the state may require that the location, design, construction and capacity of water intake structures reflect the best technology available for minimizing adverse environmental impact.
The holder of a permit under this section shall pay $100 to the department as a groundwater fee on January 1 if the permittee discharges effluent on land or if the permittee produces sludge from a treatment work which is disposed of on land. If the permittee discharges effluent on land and disposes of sludge from a treatment work on land, the permittee shall pay $200 to the department as a groundwater fee on January 1. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345, which shall be credited to the appropriation account under s. 20.370 (9) (ag)
. 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 (9) (ag)
under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap)
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
The Department of Natural Resources had the explicit authority to impose both an animal unit maximum and an off-site groundwater monitoring condition upon a permittee's reissued permit, pursuant to subs. (3) to (5) and related regulations. Clean Wisconsin, Inc. v. DNR, 2021 WI 71
, 398 Wis. 2d 386
, 961 N.W.2d 346