283.11 State and federal standards.
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/wi/chapter-283/283-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 point sources established by the U.S. environmental protection agency and for which that agency has promulgated any effluent limitations, toxic effluent standards or prohibitions or pretreatment standards for any pollutant.
(2)Compliance with federal standards.
(a)Except for rules concerning storm water discharges for which permits are issued under s. 283.33 , all rules promulgated by the department under this chapter as they relate to point source discharges, effluent limitations, municipal monitoring requirements, standards of performance for new sources, toxic effluent standards or prohibitions and pretreatment standards shall comply with and not exceed the requirements of the federal water pollution control act, 33 USC 1251 to 1387 , and regulations adopted under that act.
(b)Rules concerning storm water discharges may be no more stringent than the requirements under the federal water pollution control act, 33 USC 1251 to 1387 , and regulations adopted under that act.
(3)Standards for nitrogen, phosphorus and disinfection in the absence of federal standards.
(a)Standards for nitrogen and disinfection. Notwithstanding sub.
(1)or
(2), the department may promulgate by rule effluent limitations representing the best available demonstrated control technology, processes, operating methods or other alternatives concerning the discharge of nitrogen compounds and concerning the disinfection of sanitary wastewaters if the U.S. environmental protection agency has not promulgated an effluent limitation, effluent standard or prohibition concerning this type of discharge or disinfection.
(am)Standards for phosphorus. Notwithstanding sub.
(1)or
(2), the department shall promulgate by rule effluent limitations representing the best available demonstrated control technology, processes, operating methods or other alternatives concerning the discharge of phosphorus if the U.S. environmental protection agency has not promulgated an effluent limitation, effluent standard or prohibition concerning this type of discharge.
(b)Exemptions. The department may exempt by rule specified types of discharges from the effluent limitations concerning the discharge of phosphorus or nitrogen compounds established under par.
(a)or
(am)based upon:
1. The amount of phosphorus or nitrogen discharged;
2. The impact of nonpoint sources on the waters affected by the discharge;
3. The additional cost of treatment per unit of phosphorus or nitrogen removed;
4. The type of waters affected by the discharge; or
5. The impact of the discharge on the maintenance or achievement of water quality standards.
(c)Advisory committee. In promulgating rules under pars.
(a),
(am)and
(b), the department shall establish an advisory committee under s. 227.13 composed of representatives of municipal dischargers, industrial point sources, farm groups, environmental groups, nonpoint sources and the public to assist in drafting the rules, evaluating technical studies and advising the department.
(d)Impact of subsequent federal standards. If the U.S. environmental protection agency promulgates an effluent limitation, effluent standard or prohibition concerning a type of discharge or disinfection specified under par.
(a)or
(am)for a category or class of point sources which is applicable to a permit holder, the department may modify, and at the request of the permit holder shall modify, the effluent limitation specified in the permit to conform with the effluent limitation, effluent standard or prohibition promulgated by the U.S. environmental protection agency.
(e)Compliance dates. A publicly owned treatment works shall comply with effluent limitations established under par.
(a)by July 1, 1983. Any point source other than a publicly owned treatment works shall comply with effluent limitations established under par.
(a)by July 1, 1984.