283.15 Variances to water quality standard.

535 words·~2 min read·/wi/chapter-283/283-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 include a water quality based effluent limitation under s. 283.13

(5), when the permittee applies for reissuance of the permit the permittee may apply to the department for renewal of the variance or for a variance from the water quality standard that would be used to derive the water quality based effluent limitation.

1. Within 60 days after the department reissues or modifies a permit to include a water quality based effluent limitation under s. 283.13

(5), the permittee may apply to the department for a variance from the water quality standard used to derive the limitation.

2. After an application for a variance is submitted to the department under subd. 1. , and until the last day for seeking review of the secretary’s final decision on the application or a later date fixed by order of the reviewing court, the water quality based effluent limitation under s. 283.13

(5)and the corresponding compliance schedule are not effective. All other provisions of the permit continue in effect except those for which a petition for review has been submitted under s. 283.63 . For those provisions for which an application for variance 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.

(b)The department shall specify by rule the information to be included in an application under this subsection.

(c)The department may request additional information from the permittee within 30 days after receiving an application under par.

(am)1. The permittee shall provide the additional information within 30 days after receipt of the department’s request. An application is not complete until the additional information is provided to the department.

(d)If the permittee does not provide information as required under par.

(b)or

(c), the department shall deny the application.

(3)Tentative decision.

(a)The secretary shall issue a tentative decision on an application for a variance under sub.

(a)in the notice under s. 283.39 for the reissuance of the permit.

(b)The secretary shall issue a tentative decision on an application for a variance under sub.

(am)1. within 120 days after receipt of a completed application. The department shall circulate the tentative decision to the permittee and to the parties in s. 283.53

(c). If the tentative decision is to grant a variance based upon one or more of the conditions specified in sub.

(a)1. a. to e. , the department shall include in the notice under this paragraph a statement on the effect of the variance, if granted, on the designated use of the water body during the term of the underlying permit. The department shall provide a 30-day period for written comments on the tentative decision.

(4)Final decision on variance.