reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 281 - Water and sewage. › 281.94 - Investigation of alleged water withdrawal violations.

281.94
Investigation of alleged water withdrawal violations.
(1)
Any 6 or more residents of this state may petition for an investigation of a withdrawal alleged to be in violation of s. 281.35, 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) by submitting to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person in this state authorized to receive service of answer and other papers on behalf of the petitioners and the name and address of a person authorized to appear at a hearing on behalf of the petitioners.
(2)
Upon receipt of a petition, the department shall do one of the following:
(a)
If the department determines that the allegations are true, order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction.
(b)
Conduct a contested case hearing on the allegations of the petition. Within 60 days after the hearing, the department shall either dismiss the petition or notify the alleged violator of its finding that the allegations are true and order the alleged violator to take whatever action is necessary to achieve compliance with the statute, rule, condition, limitation or restriction.
(d)
If the department determines that the allegations are untrue or that the petition was filed maliciously or in bad faith, dismiss the petition without holding a hearing.
(3)
Any person who maliciously or in bad faith files a petition under sub. (1) is liable for attorney fees and damages or other appropriate relief to the person that is the subject of the petition.
History:  1985 a. 60; 1995 a. 227 s. 827; Stats. 1995 s. 281.94; 2007 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 281 - Water and sewage. › 281.95 - Remedies; water withdrawal violations.

281.95
Remedies; water withdrawal violations.
Any person who makes a withdrawal in violation of s. 281.35, 281.344 (3) (a), or 281.346 (3) (a), in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6), 281.344 (3) (a), or 281.346 (3) (a) is liable to any person who is adversely affected by the withdrawal for damages or other appropriate relief. Any person who is or may be adversely affected by an existing or proposed withdrawal which is in violation of a condition, limitation or restriction of a permit or approval issued in conformance with s. 281.35 (6) (a) or in violation of any rule promulgated under s. 281.35 (4) to (6) may bring an action in the circuit court to restrain or enjoin the withdrawal.
History:  1985 a. 60; 1995 a. 227 s. 828; Stats. 1995 s. 281.95; 2007 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 281 - Water and sewage. › 281.96 - Visitorial powers of department.

281.96
Visitorial powers of department.
Every owner of an industrial establishment shall furnish to the department all information required by it in the discharge of its duties under subch. II, except s. 281.17 (6) and (7). Any member of the natural resources board or any employee of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to admit such member or employee. The department shall make such inspections at frequent intervals. The secretary and all members of the board shall have power for all purposes falling within the department's jurisdiction to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of necessary or essential data.
History:  1995 a. 227 ss. 402, 403.
2023 Wisconsin Statutes & Annotations › Chapter 281 - Water and sewage. › 281.97 - Records; inspection.

281.97
Records; inspection.
Records required by the department shall be kept by the owners and the department supplied with certified copies and such other information as it may require. Agents of the department may enter buildings, structures and premises of owners supplying the public or industrial plants with water, ice, sewerage systems, sewage or refuse disposal service and private properties to collect samples, records and information, and to ascertain if the rules and orders of the department are complied with.
History:  1995 a. 227 s. 410; Stats. 1995 s. 281.97.
2023 Wisconsin Statutes & Annotations › Chapter 281 - Water and sewage. › 281.98 - Penalties.

281.98
Penalties.
(1)
Except as provided in ss. 281.344 (14) (a), 281.36, 281.346 (14) (a), 281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any rule promulgated or any plan approval, license, special order, or water quality certification issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.
(2)
In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection.  The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
(3)
In addition to the penalties under sub. (1), the court may order the defendant to abate any nuisance, restore a natural resource or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the defendant.
History:  1995 a. 227; 1997 a. 27; 1999 a. 147; 2001 a. 6, 109; 2003 a. 309; 2007 a. 227; 2011 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.001 - Statement of policy and purpose.

283.001
Statement of policy and purpose.
(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:
(a)
It is the goal of the state of Wisconsin to eliminate the discharge of pollutants into the waters of the state by 1985;
(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;
(c)
It is also the policy of the state of Wisconsin that the discharge of toxic pollutants in toxic amounts be prohibited.
(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.
History:  1973 c. 74; 1995 a. 227 s. 846; Stats. 1995 s. 283.001.
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.
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.
Fish on Morphine: Protecting Wisconsin's Natural Resources through a Comprehensive Plan for Proper Disposal of Pharmaceuticals. Christenson. 2008 WLR 141.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.17 - Thermal effluent limitations.

283.17
Thermal effluent limitations.
(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.
(2)
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 or 169 of the internal revenue code, whichever ends first, if all of the following apply:
(a)
The modification of the point source commenced after October 18, 1972.
(b)
The point source, as modified, meets the most stringent effluent limitation established under s. 283.13.
(c)
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 ss. 1846mg, 1846ms; Stats. 1987 s. 147.055; 1991 a. 39; 1995 a. 227 s. 862; Stats. 1995 s. 283.17; 2015 a. 307.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.19 - Standards of performance.

283.19
Standards of performance.
(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.
(2)
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.
(3)
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.
(4)
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.
(5)
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 s. 863; Stats. 1995 s. 283.19; 2015 a. 307.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.35 - General permits.

283.35
General permits.
(1)
Authorization. Instead of issuing a separate permit to an individual point source, the department may issue a general permit applicable to a designated area of the state authorizing discharges from specified categories or classes of point sources located within that area.
(1m)
Ballast water discharges.
(a)
The department may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state. A general permit issued under this subsection may contain effluent limitations.
(b)
If the department issues a general permit under par. (a), the department shall charge the following fees:
1.
An application fee of $1,200 to be paid by any person who applies for coverage under a general permit issued under this subsection.
2.
An annual fee of $345 to be paid upon initial coverage under the permit and annually thereafter.
(e)
Coverage under a general permit issued under this subsection is valid for a period of 5 years. The department may renew coverage under a general permit issued under this subsection upon application.
(f)
The department shall credit the fees collected under this subsection to the appropriation account under s. 20.370 (4) (aj).
(2)
Voluntary withdrawal. Upon the request of the owner or operator of a point source, the department shall withdraw the point source from the coverage of the general permit and issue a separate permit for that source.
(3)
Withdrawal. The department may withdraw a point source from the coverage of a general permit and issue a separate permit for that source if:
(a)
The point source is a significant contributor of pollution;
(b)
The point source is not in compliance with the terms and conditions of the general permit;
(c)
A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants from the point source;
(d)
Effluent limitations or standards are promulgated for a point source covered by the general permit after the issuance of that permit; or
(e)
A water quality management plan containing requirements applicable to the point source is approved.
History:  1979 c. 221; 1995 a. 227 s. 853; Stats. 1995 s. 283.35; 2009 a. 28; 2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.37 - Applications for permit.

283.37
Applications for permit.
(1)
The department shall promulgate rules relating to applications for permits under this chapter which shall require at a minimum that every owner or operator of a point source discharging pollutants into the waters of the state shall have on file either a completed permit application on forms provided by the department or a completed permit application under section 13 of the rivers and harbors act of 1899, 33 USC 407 or under the federal water pollution control act, as amended, 33 USC 1251 to 1376. The rules may specify different requirements for permits issued under s. 283.31 and for permits issued under s. 283.33.
(2)
Any owner or operator of a point source for which a permit is required by s. 283.31 (1) wishing to commence discharging pollutants into state waters from a new source, the construction of which commenced after July 22, 1973, shall submit a completed application not later than 180 days prior to the date on which it is desired to commence discharges.
(3)
The application form shall be signed as follows:
(a)
In the case of a corporation, by a principal executive officer of at least the level of vice president or by the principal executive officer's authorized representative responsible for the overall operation of the point source for which a permit is sought.
(aL)
In the case of a limited liability company, by a member or manager.
(b)
In the case of a partnership, by a general partner.
(c)
In the case of a sole proprietorship, by the proprietor.
(d)
In the case of publicly owned treatment works or a municipal separate storm sewer system by a principal executive officer, ranking elected official, or other duly authorized employee.
(4)
Prior to the submittal of a permit application for a publicly owned treatment works, each person discharging into such works who is subject to s. 299.15 and rules promulgated thereunder shall submit a discharge report to the owner or operator of such works upon request. The report shall state the person's current discharges, and maximum discharges based on reasonably foreseeable projections of production increases, process modification or facility expansions during the next 5 years. The owner or operator of such publicly owned treatment works shall submit the discharge reports to the department as part of the permit application. The form of the discharge report shall be prescribed by department rule.
(5)
The department may require the applicant to submit information in addition to that supplied on the permit application.
(6)
Subsections (1) to (5) do not apply to an owner or operator of a point source eligible for coverage under a general permit under s. 283.35 and rules promulgated by the department under that section. The department may require the owner or operator to submit information regarding any discharge.
History:  1973 c. 74; 1979 c. 221 ss. 650d, 650dg, 2202 (39); 1993 a. 16, 112, 482; 1995 a. 227 s. 854; Stats. 1995 s. 283.37.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.39 - Public notice.

283.39
Public notice.
(1)
The department shall promulgate by rule procedures for providing to interested members of the public notices of each complete application for a permit. Procedures for providing public notices shall include at least the following:
(a)
Publication of the notice as a class 1 notice under ch. 985;
(b)
Mailing of the notice to any person or group upon request.
(c)
Publication of the notice through an electronic notification system established by the department.
(d)
Publication of the notice on the department's Internet website.
(1m)
Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet website.
(2)
The department shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the permit application. All written comments submitted during the period for comment shall be retained by the department and considered in the formulation of the final determinations for the permit application.
(3)
The department shall by rule prescribe the form and content of public notices issued under sub. (1). Every such notice issued by the department shall include at least the following information:
(a)
The name and address of each applicant;
(b)
A brief description of each applicant's activities or operations which result in the discharge described in the application;
(bg)
Information indicating where the complete application may be viewed on the department's Internet website.
(c)
The name of the waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or existing discharge;
(d)
A statement of the tentative determination to issue or deny a permit for the discharge described in the application;
(dm)
If the applicant applied, under s. 283.15 (2) (a), for a variance, as defined in s. 283.15 (1), a tentative decision to approve or deny the variance, including, if the tentative decision is to grant the variance based upon one or more of the conditions specified in s. 283.15 (4) (a) 1. a. to e., a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the permit;
(e)
A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required under sub. (2).
History:  1973 c. 74; 1975 c. 349; 1995 a. 227 s. 866; Stats. 1995 s. 283.39; 2011 a. 32, 167; 2017 a. 365 s. 112.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.41 - Notice to other government agencies.

283.41
Notice to other government agencies.
(1)
The department shall promulgate by rule procedures for notifying the U.S. environmental protection agency, the U.S. army corps of engineers, other states potentially affected by the proposed discharge, and any other interested agency or unit of government of any complete application or proposed modification thereof for a permit.
(2)
The department shall provide the U.S. environmental protection agency a period of time not to exceed 90 days to submit to the department its written views, recommendations or objections. All other interested government agencies and affected states shall be given 30 days to submit to the department written views or recommendations.
(3)
When the department receives an application for a permit for a discharge that would 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 application 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.
History:  1973 c. 74; 1975 c. 349; 1995 a. 227 s. 869; Stats. 1995 s. 283.41; 2007 a. 227.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.43 - Public access to information.

283.43
Public access to information.
(1)
(a)
The department shall make available to and provide facilities for the public to inspect and copy completed permit application forms, fact sheets, draft permits, or any public document thereon.
(b)
The department shall make available to the U.S. environmental protection agency any completed permit application forms, fact sheets, draft permits, or any public comments thereon, and shall also make available any other records, reports, plans or other information obtained by the department under this chapter.
(2)
The department shall protect as confidential any information, other than effluent data, contained in permit application forms, or in other records, reports or plans, that is found to be confidential under s. 283.55 (2) (c).
(3)
Any information afforded confidential status may be disclosed by the department to the U.S. environmental protection agency or its authorized representative.
History:  1973 c. 74; 1995 a. 227 s. 870; Stats. 1995 s. 283.45.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.45 - Fact sheets.

283.45
Fact sheets.
(1)
For every discharge which has a total volume of more than 500,000 gallons on any day of the year, except a storm water discharge for which a permit is issued under s. 283.33, the department shall, following public notice, prepare and send to any person who so requests, a fact sheet concerning the application described in the public notice.
(2)
The contents of such fact sheets shall be established by the department by rule and shall include at least the following information:
(a)
A sketch or detailed description of the location of the discharge described in the application;
(b)
A quantitative description of the discharges described in the application;
(c)
A statement of the tentative determination to issue or deny the permit application;
(d)
If a determination to issue a permit is made, then the following information shall also be included:
1.
The proposed effluent limitation for those pollutants proposed to be limited;
2.
A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations;
3.
A brief description of any other proposed special conditions which will have a significant impact upon the discharge described in the application;
(e)
A brief description of the uses for which the receiving waters have been classified, of the applicable water quality standards and effluent standards;
(f)
A more detailed description of the procedures for the formulation of final determinations than that given in the public notice.
(3)
If the department proposes to include a water quality based effluent limitation in the permit, a fact sheet prepared under this section shall include all of the following:
(a)
A description of the calculation used by the department to derive the water quality based effluent limitation.
(b)
A discussion of the rationale used by the department to determine whether or not a compliance schedule for the water quality based effluent limitation shall be included in the proposed permit and the rationale used to develop any such schedule. The discussion shall include a description of treatment technologies or control strategies that may be available to the permittee for achieving compliance with the water quality based effluent limitation.
(c)
The assumptions and information used by the department to calculate the mixing zone for the discharge.
History:  1973 c. 74; 1987 a. 60; 1993 a. 16; 1995 a. 227 s. 867; Stats. 1995 s. 283.45.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.47 - Requests for information by permittee.

283.47
Requests for information by permittee.
When a permit for which a fact sheet is required to be prepared under s. 283.45 is issued, reissued or modified, if the permittee submits, during the public comment period afforded under s. 283.39, to the department a written request for information on the background levels in the receiving water of substances for which a water quality based effluent limitation under s. 283.13 (5) is included in the proposed permit, the department shall, to the extent the information is available, provide to the permittee no later than the time that the permit is issued, reissued or modified such information or list of documents which present such information. Nothing in this section limits rights under ss. 19.31 to 19.37.
History:  1987 a. 60; 1995 a. 227 s. 868; Stats. 1995 s. 283.47.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.49 - Public hearing.

283.49
Public hearing.
(1)
(a)
The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the public notice of the complete permit application is provided and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.
(b)
The department shall hold a public hearing on a permit application or a group of applications if requested by the U.S. environmental protection agency, any affected state, on the petition of 5 or more persons or if the department deems that there is a significant public interest in holding such a hearing.
(c)
The department shall promulgate by rule procedures for the conduct of public hearings held under this section. Hearings held under this section are not contested cases under s. 227.01 (3).
(2)
(a)
Public notice of any hearing held under this section shall be provided in accordance with the requirements of s. 283.39 (1) and the public notice shall be considered to be provided on the date specified in s. 283.39 (1m).
(b)
The form and content of such public notice shall be established by departmental rule.
History:  1973 c. 74; 1985 a. 182 s. 57; 1995 a. 227 s. 871; Stats. 1995 s. 283.49; 2011 a. 167.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.51 - Mining hearing.

283.51
Mining hearing.
If a hearing on the permit application is conducted as a part of a hearing under s. 293.43, the notice, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of ss. 283.39, 283.41 and 283.49.
History:  1979 c. 221; 1995 a. 227 s. 872; Stats. 1995 s. 283.51.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.57 - Waste treatment service charges.

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:
(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;
(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.
History:  1973 c. 74; 1995 a. 227 s. 874; Stats. 1995 s. 283.57.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.59 - Reporting of new discharges.

283.59
Reporting of new discharges.
(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.
(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:
(a)
Any introduction of pollutants into such treatment works from any new source; or
(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).
(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.
(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).
History:  1973 c. 74; 1995 a. 227 s. 873; Stats. 1995 s. 283.59.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.60 - Waiver for certain nutrient management research projects.

283.60
Waiver for certain nutrient management research projects.
(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:
(a)
The department determines that the project is unlikely to have a negative impact on, or to threaten, the environment or public health.
(b)
The department reviews and approves the project before the project begins.
(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.
(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.
(3)
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, 188.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.61 - Exemption for certain alcohol fuel production systems.

283.61
Exemption for certain alcohol fuel production systems.
(1)
Definitions. As used in this section:
(a)
“Distillate waste product" has the meaning designated under s. 289.44 (1) (a).
(b)
“Environmentally sound storage facility" has the meaning designated under s. 289.44 (1) (b).
(c)
“Private alcohol fuel production system" has the meaning designated under s. 289.44 (1) (c).
(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.
History:  1979 c. 221; 1995 a. 227 s. 848; Stats. 1995 s. 283.61.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.62 - Exemption for certain fruit and vegetable washing facilities.

283.62
Exemption for certain fruit and vegetable washing facilities.
(1)
Definitions. As used in this section:
(b)
“Washing station" means a facility where fruits or vegetables are washed or cleaned after harvesting and before further processing.
(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.
(d)
“Wash water storage facility" means a facility, including a settling pond or lagoon, that is used to store wash water.
(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:
(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).
(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.
(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.
(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:
1.
Register annually with the department as a washing station.
2.
Submit annually an operating plan that implements best management practices and that is approved by the department.
3.
Operate only in accordance with the approved operating plan.
History:  1995 a. 99; 1995 a. 227 s. 849; Stats. 1995 s. 283.62.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.81 - Waiver.

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.
History:  1983 a. 410; 1995 a. 227 s. 850; Stats. 1995 s. 283.81.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.82 - Land application of sewage sludge.

283.82
Land application of sewage sludge.
(1)
The department shall oversee, set technical standards for, and regulate the application of sewage sludge to land.
(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.
(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).
History:  2005 a. 347.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.85 - Design of publicly owned treatment facilities.

283.85
Design of publicly owned treatment facilities.
(1)
The department shall encourage the design of publicly owned treatment works which provide for:
(a)
The recycling of sewage pollutants by using them in agriculture, silviculture or aquaculture;
(b)
The confined and contained disposal of those pollutants not recycled;
(c)
The reclamation of wastewater;
(d)
The ultimate disposal of sludge in a manner not resulting in environmental hazards; and
(e)
The integration of facilities for sewage disposal with other facilities designed to dispose of solid waste and thermal pollution, for the purpose of producing revenues in excess of cost in the operation of the integrated facility.
(2)
All plans submitted under s. 281.41 after July 22, 1973, for new treatment works, or modifications of treatment works, which will be eligible for construction grants or loans under s. 281.55 or 281.57 or under ss. 281.58 and 281.59, shall contain:
(a)
Adequate analysis and data establishing that the works or modification is the most cost efficient method of meeting limitations and standards required of the facility; and
(b)
A feasibility plan on using ultimate disposal of pollutants to land rather than to air or the waters of the state.
History:  1973 c. 74; 1979 c. 34 s. 2102 (39) (d); 1987 a. 399; 1989 a. 366; 1995 a. 227 s. 879; Stats. 1995 s. 283.85.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.87 - Liability for water pollution.

283.87
Liability for water pollution.
(1)
Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.601 or chs. 30, 31, 281, 285 or 289 to 299 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.
(2)
Adverse effects. The department may introduce evidence of the environmental pollution that resulted from the unlawful discharge or deposit and evidence of the potential of the water environment for public use if the unlawful discharge or deposit had not occurred in order to assist the court in determining the adverse effects upon the water environment resulting from the unlawful discharge or deposit and in determining the amount of liability under sub. (1).
(3)
Administration of award. The court shall administer an award made under this section. An award made under this section may be used to remove, terminate or remedy the adverse effects of the discharge or deposit, to restore or develop the water environment for public use or to provide grants to municipalities consistent with any court order.
(4)
Aids to municipalities; environmental damage compensation. The department may make grants to any county, city, village, or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (4) (dv). Use and administration of the grant shall be consistent with any court order issued under sub. (3). A county, city, village, or town which receives a grant under this section is not required to share in the cost of a project under this section.
History:  1973 c. 74; 1979 c. 221; 1995 a. 27; 1997 a. 248; 1999 a. 150 s. 375; 2005 a. 347; 2017 a. 59.
Note:  2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.89 - Enforcement.

283.89
Enforcement.
(1)
Except as provided in sub. (2m), whenever on the basis of any information available to it the department finds that any person is violating this chapter, any rule adopted thereunder or any term or condition of any permit issued pursuant to this chapter, including general permits issued under s. 283.35, the department shall refer the matter to the department of justice for enforcement under s. 283.91.
(2)
The department of justice shall initiate the legal action requested by the department under sub. (1). In any action commenced by it under this subsection, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department.
(2m)
If the department finds a violation of s. 283.33 (1) to (8) for which a person is subject to a forfeiture under s. 283.91 (2), the department may issue a citation and, if the department does issue a citation, the procedures in ss. 23.50 to 23.99 apply.
(3)
In any criminal action commenced under s. 283.91, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance.
(4)
Any civil action on a violation shall be commenced in the circuit court for the county in which the violation occurred in whole or in part, unless all the parties consent to the commencement of the action in the circuit court for Dane County. Any criminal action on a violation shall be commenced in the circuit court for the county in which the violation occurred.
History:  1973 c. 74; 1979 c. 34; 1993 a. 16; 1995 a. 227 s. 881; Stats. 1995 s. 283.89; 1997 a. 193; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.93 - Environmental pollution.

283.93
Environmental pollution.
Regulatory actions taken by the department to eliminate or control environmental pollution shall be exempt from the provisions of s. 1.11, other than:
(1)
Involvement in federal financial assistance grants for the construction of publicly owned treatment works;
(2)
Financial assistance under s. 281.55 or 281.57 or under ss. 281.58 and 281.59; and
(3)
Issuance of permits or approvals for new sources of environmental pollution.
History:  1973 c. 74; 1979 c. 34 s. 2102 (39) (d); 1987 a. 399; 1989 a. 366; 1995 a. 227 s. 882; Stats. 1995 s. 283.93.
2023 Wisconsin Statutes & Annotations › Chapter 283 - Pollution discharge elimination. › 283.95 - Savings clause.

283.95
Savings clause.
Except as provided in this chapter, nothing in this chapter shall be deemed to supersede any other statute or session law.
History:  1973 c. 74; 1995 a. 227 s. 880; Stats. 1995 s. 283.95.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.13 - Air pollution control; department powers.

285.13
Air pollution control; department powers.
The department may:
(1)
Hold hearings relating to any aspect of the administration of this chapter and s. 299.15 and, in connection therewith, compel the attendance of witnesses and the production of evidence.
(2)
Issue orders to effectuate the purposes of this chapter and s. 299.15 and enforce the same by all appropriate administrative and judicial proceedings.
(3)
Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
(4)
Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere and make recommendations to appropriate public and private bodies with respect thereto.
(5)
Advise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
(6)
Examine any records relating to emissions which cause or contribute to air contamination.
(7)
Establish by rule, consistent with the federal clean air act, the amount of offsetting emissions reductions required under s. 285.63 (2) (a).
History:  1995 a. 227 ss. 456, 989.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.14 - State implementation plans.

285.14
State implementation plans.
(1)
Content. The department may not submit a control measure or strategy that imposes or may result in regulatory requirements to the federal environmental protection agency for inclusion in a state implementation plan under 42 USC 7410 unless the department has promulgated the control measure or strategy as a rule.
(2)
Review by standing committees. At least 60 days before the department is required to submit a state implementation plan to the federal environmental protection agency, the department shall prepare, and provide to the standing committees of the legislature with jurisdiction over environmental matters, under s. 13.172 (3) a report that describes the proposed plan and contains all of the supporting documents that the department intends to submit with the plan. The department shall also submit to the legislative reference bureau for publication in the administrative register a notice of availability of the report. If, within 30 days after the department provides the report, the chairperson of a standing committee to which the report was provided submits written comments on the report to the department, the secretary shall respond to the chairperson in writing within 15 days of receipt of the comments. This subsection does not apply to a modification to a state implementation plan relating to an individual source.
History:  2003 a. 118; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 285 - Air pollution. › 285.15 - Interstate agreement.

285.15
Interstate agreement.
After May 14, 1992, the governor may enter into an agreement with the governor of the state of Illinois, that may also include the governors of the states of Indiana and Michigan, that specifies measures for the control of atmospheric ozone that are necessary in order to implement an interstate ozone control strategy to bring an area designated under 42 USC 7407 (d) as an ozone nonattainment area into attainment with the ambient air quality standard for ozone if the area includes portions of this state and the state of Illinois.
History:  1995 a. 227 ss. 458, 989.