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, suspension or revocation, 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 circulate 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.
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, suspension or revocation. 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
(3) Subsections (1)
do not apply if a hearing on the permit application is conducted as a part of a hearing under s. 293.43
(4) Subsections (1)
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.
History: 1973 c. 74
; 1979 c. 110
; 1985 a. 182
; 1987 a. 27
; 1995 a. 227
; Stats. 1995 s. 283.63.
Judicial review of administrative rules under this chapter is available only under s. 227.05, 1983 stats. [now s. 227.40]. Phillips Plastics Corp. v. Natural Resources Dept. 98 W (2d) 524, 297 NW (2d) 69 (Ct. App. 1980).
Judicial review procedure under this section, in conjunction with s. 227.05, 1983 stats [now s. 227.40], is exclusive. Sewerage Commission of Wisconsin v. DNR, 102 W (2d) 613, 307 NW (2d) 189 (1981).
Timely review under this section of modified permit does not reopen for consideration those unmodified portions of permit for which review period has expired. Theinsville Village v. DNR, 130 W (2d) 276, 386 NW (2d) 519 (Ct. App. 1986).
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.
History: 1983 a. 410
; 1995 a. 227
; Stats. 1995 s. 283.81.
Continuing planning process.
The department shall establish a continuing water pollution control 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 shall include:
Adequate effluent limitations and schedules of compliance;
The incorporation of all elements of any applicable areawide waste management plans, basin plans and statewide land use plans;
Total maximum daily load for pollutants;
Procedures for intergovernmental cooperation;
Implementation procedures, including schedules of compliance, for revised or new water quality standards;
Controls over the disposition of all residual waste from any water treatment processing;
An inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet applicable requirements.
History: 1973 c. 74
; 1995 a. 227
; Stats. 1995 s. 283.83.
Design of publicly owned treatment facilities. 283.85(1)(1)
The department shall encourage the design of publicly owned treatment works which provide for:
The recycling of sewage pollutants by using them in agriculture, silviculture or aquaculture;
The confined and contained disposal of those pollutants not recycled;
The ultimate disposal of sludge in a manner not resulting in environmental hazards; and
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.
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 under ss. 281.58
, shall contain:
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
A feasibility plan on using ultimate disposal of pollutants to land rather than to air or the waters of the state.
Liability for water pollution. 283.87(1)
Department may recover costs.
In an action against any person who violates this chapter or any provision of s. 29.29
or chs. 30
, except s. 281.48
, 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.
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, the department shall refer the matter to the department of justice for enforcement under s. 283.91
The department of justice shall initiate the legal action requested by the department under sub. (1)
within 30 days of receipt of the written request. 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.
If the department finds a violation of s. 283.33 (1)
for which a person is subject to a forfeiture under s. 283.91 (2)
, the department shall issue a citation and the procedures in ss. 23.50
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.
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
; Stats. 1995 s. 283.89.
Civil and criminal remedies. 283.91(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 permit issued under this chapter.
Any person who violates this chapter, any rule promulgated under this chapter, any term or condition of a permit issued under this chapter, or any rule promulgated or order issued under s. 66.902 (1)
shall forfeit not less than $10 nor more than $10,000 for each day of violation, except that the minimum forfeiture does not apply if the point source at which the violation occurred is an animal feeding operation.
Any person who wilfully or negligently violates this chapter, any rule promulgated under this chapter or any term or condition of a permit issued under this chapter shall be fined not less than $10 nor more than $25,000 per day of violation, or imprisoned for not more than 6 months or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the person shall be fined not less than $10 nor more than $50,000 per day of violation, or imprisoned for not more than one year in the county jail or both. The minimum forfeiture does not apply if the point source at which the violation occurred is an animal feeding operation. In determining the amount of the fine under this subsection, the court shall assess an amount which represents an actual and substantial economic deterrent to the action which was the basis of the conviction.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6 months or both.
In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the reasonable and necessary expenses of the prosecution, 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. Ten percent of the money deposited in the general fund that was awarded under this subsection for 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)
For the purposes of subs. (3)
, the term "person" means in addition to the definition under s. 283.01 (11)
, any responsible corporate officer.
Regulatory actions taken by the department to eliminate or control environmental pollution shall be exempt from the provisions of s. 1.11
, other than:
Involvement in federal financial assistance grants for the construction of publicly owned treatment works;
Issuance of permits or approvals for new sources of environmental pollution.
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
; Stats. 1995 s. 283.95.