283.33 Storm water discharge permits.

744 words·~3 min read·/wi/chapter-283/283-33-2

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

(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 industrial activity that meets criteria in rules promulgated by the department.

(am)A discharge from a discernible, confined, and discrete conveyance of storm water associated with a construction site, including a construction site for a building, that meets criteria in rules promulgated by the department.

(b)A discharge of storm water from a municipal separate storm sewer system serving an incorporated area with a population of 100,000 or more, as determined by the 1990 federal census.

(c)A discharge of storm water from a municipal separate storm sewer system serving an area located in an urbanized area, as determined by the U.S. bureau of the census based on the latest decennial federal census.

(cg)A discharge of storm water from a municipal separate storm sewer system serving an area with a population of 10,000 or more and a population density of 1,000 or more per square mile, if the system is designated by the department to be regulated under this section based on an evaluation of whether the storm water discharge results in, or has the potential to result in, water quality standards being exceeded, including impairment of designated uses, or in other significant water quality impacts, including habitat and biological impacts.

(cr)A discharge of storm water from a municipal separate storm sewer system that is designated by the department to be regulated under this section because the system contributes substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this section.

(d)A discharge of storm water from a facility or activity, other than a facility or activity under pars.

(a)to

(cr), if the department determines that the discharge either contributes to a violation of a water quality standard or is a significant contributor of pollutants to the waters of the state.

(1m)Exemptions; limitation on local permitting.

(a)An owner or operator is not required to obtain a permit under this section for any of the following:

1. A discharge of storm water associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock, as defined in s. 95.80

(b), or poultry, including sod farms and tree nurseries.

2. A discharge of storm water associated with pasturing or yarding livestock, as defined in s. 95.80

(b), or poultry.

3. A discharge of storm water from land containing dredged material removed from a drainage district ditch, if the land is adjacent to the ditch from which the dredged material was removed.

4. Any other discharge of storm water exempted by the department by rule from obtaining a permit under this section.

(b)A political subdivision may not require an owner or operator to obtain a permit from the political subdivision for any discharge described under par.

(a)1. to 4. In this paragraph, “political subdivision” means a city, village, town, or county.

(c)The exemptions under par.

(a)and the prohibition under par.

(b)do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures.

(2)Municipal separate storm sewer systems; applications. The owner or operator of a portion of a municipal separate storm sewer system for which a permit is required under sub.

(1)shall do one of the following:

(a)Submit a permit application for its portion of the municipal separate storm sewer system.

(b)Submit a permit application jointly with one or more other owners or operators of the municipal separate storm sewer system.

(c)Authorize a regional authority with control over discharges to a separate storm sewer system that serves areas in more than one municipality to submit an application for a permit that covers the owner’s or operator’s portion of the municipal separate storm sewer system and other portions of the system if all of the following apply:

1. The regional authority, together with the owners or operators, has authority over a storm water management program that will be in operation by the deadline established by the department.

2. The regional authority or the owners or operators demonstrate their ability to supply all of the required application information by the deadlines established by the department.