Chapter 283, POLLUTION DISCHARGE ELIMINATION

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…

283.01 Definitions. In this chapter: (1) “Biological monitoring” means the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants by techniques and procedures, including sampling of orga…

283.11 State and federal standards. (1) DEPARTMENT TO ESTABLISH STANDARDS. The department shall promulgate by rule effluent limitations, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards for any category or class of poin…

283.13 Effluent limitations. 283.13(1)(1) Categories and classes of point sources. The department shall promulgate a list of categories and classes of point sources which is at least as comprehensive as the list appearing in section 1316 (b) (1) (A) of the federal water pollution…

283.15 Variances to water quality standard. (1) DEFINITION. In this section, “variance” means a variance to a water quality standard adopted under s. 281.15. (2) REQUEST FOR VARIANCE. (a) If a permit contains a variance or if a permittee anticipates that a reissued permit will in…

283.16 Statewide variance for phosphorus. 283.16(1)(1) Definitions. In this section: 283.16(1)(a)(a) “Basin” means the drainage area identified by an 8-digit hydrologic unit code, as determined by the U.S. Geological Survey. 283.16(1)(b)(b) “Category” means a class or category of…

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…

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…

283.21 Toxic and pretreatment effluent standards. (1) TOXIC EFFLUENT LIMITATIONS AND STANDARDS. (a) List. 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 …

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

283.33 Storm water discharge permits. (1) REQUIREMENT. Except as provided in sub. (1m), an owner or operator shall obtain a permit under this section for any of the following: (a) A discharge from a discernible, confined, and discrete conveyance of storm water associated with an …

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 locat…

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…

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 n…

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 agenc…

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…

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…

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 …

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 appl…

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. 22…

283.53 Permit duration, modification, revocation and reissuance. (1) No permit issued by the department under s. 283.31 or 283.33 shall have an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit for a term of not more than…

283.55 Monitoring and reporting; access to premises. (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: (a) Establish and maintain records of the volume of e…

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 reci…

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 …

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 to…

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) (…

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…

283.63 Review of permits, decisions, terms and conditions. (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 necess…

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;…

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 …

283.83 Continuing planning process. (1) The department shall establish a continuing water quality management planning process which is consistent with applicable state requirements. The continuing planning process shall result in plans for all waters of the state, which plans sha…

283.84 Trading of water pollution credits. (1) The department shall administer a program for the trading of water pollution credits that is consistent with the federal Water Pollution Control Act, 33 USC 1251 to 1387. Subject to sub. (1m), under the program the department may aut…

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 containe…

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, termin…

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, in…

283.91 Civil and criminal remedies. (1) The department of justice, upon a referral pursuant to s. 283.89, may initiate a civil action for a temporary or permanent injunction for any violation of this chapter or any rule promulgated thereunder or of a term or condition of any perm…

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 tre…

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.