Pollutant Discharge Elimination System Small ) 

Vessel General Permit for Regulating Discharges) 

Incidental to the Normal Operation of a Vessel ) 

On December 8, 2011, the US Environmental Protection Agency (EPA) requested a 

water quality certification under Section 401 of the Federal Clean Water Act (33 U.S.C. § 

1341) for the proposed permit issuance of the National Pollutant Discharge Elimination 

System (NPDES) Small Vessel General Permit (sVGP). The proposed general permit and 

the notice of public hearing were published in the Federal Register December 8, 2011 (76 

FR 7 6, 716). If the State grants the water quality certification, EPA will be able to issue 

the sVGP and authorize discharges into waters of Wisconsin. EPA has requested the 

certification by June 30, 2012. 

The proposed sVGP is applicable to discharges incidental to the normal operation ofnonmi1itary and non-recreational vessels less than 79 feet in length that meet the applicability 

criteria. EPA has proposed a separate next Vessel General Permit (VGP), which will not 

be addressed in this 401 Certification. 

The Wisconsin Department ofNatural Resources (WDNR) has reviewed EPA's proposed 

sVGP pursuant to Section 401 of the Clean Water Act and ch. NR 299, Wis. Adm. Code. 

WDNR has made the determination that inclusion of the following conditions in the EPA 

sVGP are required to ensure compliance with state water quality standards enumerated in 

s. NR 299.04, Wis. Adm. Code. Each of the conditions in the proposed permit has been 

reviewed, and based upon the review, WDNR has determined that none of the conditions 

may be made less stringent without violating the requirements of Wisconsin law, 

including water quality standards, found in chs. NR 102-106 and 207, Wis. Adm. Code. 

STATE CONDITIONS AND LIMITATIONS OF CERTIFICATION 

The WDNR conditionally grants water quality certification for the EPA sVGP subject to 

compliance with the General Conditions and Specific Conditions identified below, with a 

citation to state law or administrative code as the basis for a more stringent condition than 

those contained in the EPA sVGP: 

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threatened or endangered species or a species proposed for such 

designation, or which is likely to destroy or adversely modify the habitat 

of such species [s. 29.604, Wis. Stats.; s. NR 1.015(1)(a), Wis. Adm. 

Code]. 

(c) Activities that would result, overall, in adverse impacts to fishery 

spawning habitat or adversely affect avifauna breeding areas or 

substantially disrupt the movement of those species which normally 

migrate from open water to upland or vice versa (i.e., amphibians, reptiles 

and mammals) [s. NR 102.01(2), Wis. Adm. Code]. 

(d) Activities detrimental to the public interest in waters of the state [s. NR 

102.01(2), Wis. Adm. Code]. 

2. If WDNR determines vessel discharges covered by this certification can no longer 

comply with the conditions set in accordance with Section 401 of the Clean Water 

Act or the applicable state statutes and administrative codes, then this certification 

may be revoked or modified after appropriate public notice [s. NR 299.01(2)(a), Wis. 

Adm. Code]. 

SPECIFIC CONDITIONS: 

3. Discharges of graywater or sewage into Lake Michigan, a No Discharge Zone, are 

subject to penalties [s. 29.601(3), Wis. Stats.]. 

4. All instances of non-compliance with this certification must be reported to WDNR 

immediately [s. NR 205.07(1)(s), Wis. Adm. Code]. 

State of Wisconsin Department ofNatural Resources 

For the Secretary 

By 

Ken Johnn 

Administrator, Water Division 

Date Signed 

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days after the decision is public noticed, or otherwise served by the Department, to serve 

a petition for hearing on the Secretary of the Department ofNatural Resources. The 

petition for hearing shall comply with the requirements of chapter NR 2, Wis. Adm. 

Code, and section NR 299.05(5), Wis. Adm. Code. 

This determination becomes final in accordance with the provisions of section NR 

299.05(7), Wis. Adm. Code, and is judicially reviewable when final. For judicial review 

of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after 

the decision becomes final to file your petition with the appropriate circuit court and to 

serve the petition on the Secretary of the Department ofNatural Resources. The petition 

must name the Department ofNatural Resources as the respondent. 

Reasonable accommodation, including the provision of informational material in an 

alternative format, will be provided for qualified individuals with disabilities, upon 

request. 

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