hapter 7 Updates: Water Quality and the Regulation of Discharges to Water
§ 7.02b(6) WPDES Permit Limits - Watershed Based Trading, p. 220.
On August 28, 2013, DNR issued a new guidance for water quality trading. See, http://dnr.wi.gov/topic/surfacewater/waterqualitytrading.html
In addition to water quality trading and adaptive management, 2013 Wis. Act 378 creates a statutory variance for phosphorus. See, Wis. Stat. § 283.16. If the state determines that there is a substantial and widespread economic impact for facilities that need to undertake a major facility upgrade to meet the new water quality based effluent limitations for phosphorus, such facilities may be eligible for a variance. The variance is subject to regular review but could extend up to 20 years. Permittees using the variance must meet interim limits and commit to paying $50 per pound of phosphorous to county nonpoint programs within their basin on an annual basis (or a comparable approved plan or program). The law requires approval of EPA prior to becoming effective.
Several changes to accommodate EPA concerns were included in 2015 Wis. Act 205. The variance is currently pending before EPA.
§ 7.02c WPDES Individual Permits p. 220.
Existing law prohibited the DNR from requiring more than one wastewater discharge permit
for a publicly owned sewage treatment or collection system. That prohibition was eliminated in 2013 Wis. Act 70. This will allow the DNR to issue a watershed based permit in addition to individual permits for
POTWs. It will also allow the DNR to impose consistent compliance deadlines across all permittees within a basin which could be helpful for TMDL or adaptive management implementation. The law became
effective on December 14, 2013.
§7.02c WPDES Individual Permits, Permit Process p. 223
In Clean Water Action Council of Northeast Wisconsin v. Wisconsin Department of Natural Resources, 2014 WI Ap ___ 2013AP2112 (April 29, 2014) the court reaffirmed that the contested case hearing requirements under Wis. Stat. § 283.63 were required before a person could bring a challenge in circuit court.
§7.04c(2) Stormwater Standards for MS4 Communities , p. 242
DNR has issued new MS4 General Permits effective May 1, 2014. Copies are available at http://dnr.wi.gov/topic/stormwater/municipal/
§ 7.02b(6) WPDES Permit Limits - Watershed Based Trading, p. 220.
On August 28, 2013, DNR issued a new guidance for water quality trading. See, http://dnr.wi.gov/topic/surfacewater/waterqualitytrading.html
In addition to water quality trading and adaptive management, 2013 Wis. Act 378 creates a statutory variance for phosphorus. See, Wis. Stat. § 283.16. If the state determines that there is a substantial and widespread economic impact for facilities that need to undertake a major facility upgrade to meet the new water quality based effluent limitations for phosphorus, such facilities may be eligible for a variance. The variance is subject to regular review but could extend up to 20 years. Permittees using the variance must meet interim limits and commit to paying $50 per pound of phosphorous to county nonpoint programs within their basin on an annual basis (or a comparable approved plan or program). The law requires approval of EPA prior to becoming effective.
Several changes to accommodate EPA concerns were included in 2015 Wis. Act 205. The variance is currently pending before EPA.
§ 7.02c WPDES Individual Permits p. 220.
Existing law prohibited the DNR from requiring more than one wastewater discharge permit
for a publicly owned sewage treatment or collection system. That prohibition was eliminated in 2013 Wis. Act 70. This will allow the DNR to issue a watershed based permit in addition to individual permits for
POTWs. It will also allow the DNR to impose consistent compliance deadlines across all permittees within a basin which could be helpful for TMDL or adaptive management implementation. The law became
effective on December 14, 2013.
§7.02c WPDES Individual Permits, Permit Process p. 223
In Clean Water Action Council of Northeast Wisconsin v. Wisconsin Department of Natural Resources, 2014 WI Ap ___ 2013AP2112 (April 29, 2014) the court reaffirmed that the contested case hearing requirements under Wis. Stat. § 283.63 were required before a person could bring a challenge in circuit court.
§7.04c(2) Stormwater Standards for MS4 Communities , p. 242
DNR has issued new MS4 General Permits effective May 1, 2014. Copies are available at http://dnr.wi.gov/topic/stormwater/municipal/
