The department may, upon request of the permittee, revise or modify a schedule of compliance in an issued permit if it determines that the revision or modification is necessary because of the happening of an event over which the permittee has little or no control. The first revision made under this subsection during the term of a permit need comply only with sub. (2) (c)
. Subsequent requests shall be subject to sub. (2) (b)
Any permittee who wishes to continue to discharge after the expiration date of the permittee's permit shall file an application for reissuance of the permit at least 180 days prior to its expiration.
The department shall review each application for reissuance of a permit to ensure that:
The permittee is in substantial compliance with all the terms, conditions, requirements and schedules of compliance of the expired permit;
The department has current information on the permittee's production levels, waste treatment practices, and the nature, volume, content and frequency of the permittee's discharge;
The discharge is consistent with applicable effluent limitations and standards, water quality standards and any other legally applicable requirements, including any additions to, or revisions or modifications of such effluent limitations and standards, water quality standards, or other legally applicable requirements made during the term of the permit.
If, after such review, the department finds that the requirements of par. (b)
have not been met, the department shall not reissue such a permit.
The department shall adhere to the notice and public participation procedures specified in ss. 283.39
in connection with each request for reissuance of a permit.
Notwithstanding any other provisions of this section, any new source the construction of which is commenced after October 18, 1972, and which is so constructed to meet all standards of performance adopted under s. 283.19
shall not be subject to any more stringent standard of performance during either the 10-year period beginning on the date of completion of such construction or the period of depreciation or amortization of such facility for the purposes of section 167
of the internal revenue code, whichever period ends first.
For the purposes of s. 283.63
, denial of any application for the reissuance of a permit shall be treated as a denial of an application for a permit.
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 Thiensville v. DNR, 130 Wis. 2d 276
, 386 N.W.2d 519
(Ct. App. 1986).
Monitoring and reporting; access to premises. 283.55(1)(1)
Monitoring and reporting requirements.
Every owner or operator of a point source who is required to obtain a permit issued under s. 283.31
shall do all of the following:
Establish and maintain records of the volume of effluent discharged and the amount of each pollutant discharged from each point source under the owner's or operator's ownership or control.
Make regular reports to the department on the volume of effluent discharged and the amount of each pollutant discharged from each point source under the owner's or operator's ownership or control.
Install, use and maintain such monitoring equipment or methods, including where appropriate, biological monitoring methods, as are necessary to determine the volume of effluent discharged and to identify and determine the amount of each pollutant discharged from each point source under the owner's or operator's ownership or control.
Sample the effluents discharged from each point source under the owner's or operator's ownership or control in accordance with such methods, at such locations and in such manner as the department shall by rule prescribe.
Report any unscheduled discharge of untreated sewage or other wastewater to the department orally within 24 hours of the discharge and in writing within 5 days after the discharge.
Provide such other information as the department finds is necessary to identify the type and quantity of any pollutants discharged from the point source.
(1m) Reports to water utilities.
The department shall determine, after consultation with the owner or operator of the point source, whether to notify a public utility, as defined in s. 196.01 (5)
, that furnishes water to the public about a discharge reported under sub. (1) (dm)
that may affect the public utility. The department shall base the determination on the public health risk caused by the discharge.
(2) Access to monitoring equipment and records. 283.55(2)(a)(a)
Any duly authorized officer, employee or representative of the department shall have right to enter upon or through any premises in which an effluent source that is required to be covered by a permit issued under s. 283.31
is located or in which any records required to be maintained by this section are located, and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by this section, and sample any effluents which the owner and operator of such source is required to sample under this section.
No person shall refuse entry or access to any authorized representative of the department who requests entry under this subsection, and who presents appropriate credentials nor shall any person obstruct, hamper or interfere with any such inspection.
Any records or other information furnished to or obtained by the department in the administration of this chapter, including effluent data, shall be a public record as provided in subch. II of ch. 19
. Any records or other information, except effluent data, provided to the department may be treated as confidential upon a showing to the secretary that said records or information is entitled to protection as a trade secret as defined in s. 134.90 (1) (c)
. Nothing herein shall prevent the use of any confidential records or information obtained by the department in the administration of this section in compiling or publishing general analyses or summaries, if such analyses or summaries do not identify a specific owner or operator.
(3) Construction of law.
shall be construed so as not to require actions unnecessarily redundant with s. 299.15
. When a publicly owned treatment facility is required under state or federal law to monitor discharges into its system, records of such monitoring provided to the department, if substantially in compliance with the requirements of this section, shall serve in the place of the monitoring which would ordinarily be required of a person discharging into such system. Nothing in this section shall be construed to affect the validity of s. 299.15
, nor shall that section be construed to limit the application of this section.
See also chs. NR 210
, and 219
, Wis. adm. code.
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:
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;
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.
History: 1973 c. 74
; 1995 a. 227
; Stats. 1995 s. 283.57.
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.
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:
Any introduction of pollutants into such treatment works from any new source; or
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)
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.
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)
History: 1973 c. 74
; 1995 a. 227
; Stats. 1995 s. 283.59.
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:
The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.
The department reviews and approves the project before the project begins.
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.
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.
A project for which the department grants a waiver under sub. (1)
is an agricultural practice for the purposes of s. 823.08
History: 2011 a. 32
Exemption for certain alcohol fuel production systems. 283.61(1)(1)
As used in this section:
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.
History: 1979 c. 221
; 1995 a. 227
; Stats. 1995 s. 283.61.
Exemption for certain fruit and vegetable washing facilities. 283.62(1)(1)
As used in this section:
“Washing station" means a facility where fruits or vegetables are washed or cleaned after harvesting and before further processing.
“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.
“Wash water storage facility" means a facility, including a settling pond or lagoon, that is used to store wash water.
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:
The washing station is not adjacent to or operated as part of a food processing plant, as defined in s. 97.29 (1) (h)
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.
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.
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:
Register annually with the department as a washing station.
Submit annually an operating plan that implements best management practices and that is approved by the department.
Operate only in accordance with the approved operating plan.
History: 1995 a. 99
; 1995 a. 227
; Stats. 1995 s. 283.62.
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:
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)
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.
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.
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.
The department shall issue its decision on the issues raised by the petitioner within 90 days after the close of the hearing.
The decisions of the department issued under this section shall be subject to judicial review as provided in ss. 227.52
do not apply if a hearing on the permit application is conducted as a part of a hearing under s. 293.43
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)
shall not be delayed pending completion of the review of a variance request under s. 283.15
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.
The judicial review procedure under this section, in conjunction with s. 227.05 [now s. 227.40], is exclusive. Sewerage Commission v. DNR, 102 Wis. 2d 613
, 307 N.W.2d 189
Timely review under s. 147.20 [now this section] of a modified permit does not reopen for consideration those unmodified portions of the permit for which the review period has expired. Village of Thiensville v. DNR, 130 Wis. 2d 276
, 386 N.W.2d 519
(Ct. App. 1986).
This section does not require the Department of Natural Resources (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 Wisconsin pollutant discharge elimination system permit program and by failing to object to the permit, the U.S. Environmental Protection Agency (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 EPA's determination. Andersen v. DNR, 2011 WI 19
, 332 Wis. 2d 41
, 796 N.W.2d 1
, 102 Wis. 2d 613
(1981), explicitly held that the commission's failure to follow the procedure set forth in this section precluded a later challenge under ch. 227, because this section is the exclusive method of administrative and judicial review of the Department of Natural Resources' action. Because the contested case procedure to challenge a pollution discharge elimination system permit is exclusive, it follows that no other procedure, whether a rule challenge, a declaratory judgment, or as here, a premature judicial review petition, can circumvent it. Clean Water Action Council of Northeast Wisconsin v. DNR, 2014 WI App 61
, 354 Wis. 2d 286
, 848 N.W.2d 336
GENERAL PROVISIONS; ENFORCEMENT
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.