Current through August 26, 2024
(1) The department may issue general WPDES
permits applicable to designated areas of the state authorizing discharges from
specified categories or classes of point sources located within those areas.
(a) Designated areas of the state may include
any of the following:
1. Any county, township,
city or other civil or political division.
2. Any surface water drainage basin, stream
or stream segment.
3. Any waters of
the state which have the same classification under the water quality standards
of chs.
NR 102,
103 and
104.
4. The entire state of Wisconsin, where
appropriate.
(b)
Categories or classes which may be covered by general permit are those where
point sources:
1. Perform the same or
substantially similar operations;
2. Produce the same types of wastewater
streams;
3. Employ the same or
substantially similar wastewater treatment operations to control specific
pollutants;
4. Are subject to the
same effluent limitations and monitoring requirements; and
5. In the opinion of the department, are more
appropriately controlled under a general permit than under individual permits.
Note: Section
NR 210.20 requires permit authorization for all satellite
sewage collection systems.
(c) General permit issuance shall be subject
to the public notice and hearing procedures of subs. (8) and (10).
(d) General permits shall have effective
terms to a maximum of 5 years from the date of issuance.
(2) A general permit may cover more than one
class or category of discharge, or more than one area of the state, provided
the permit clearly identifies the conditions applicable to each included class
or category, or each specific area of the state. General permits may contain
effluent limitations, monitoring requirements, reporting requirements, general
conditions and applicability criteria.
(3) Individual dischargers are not required
to submit formal WPDES permit applications to be eligible for coverage under a
general permit. On a case-by-case basis the department may by letter require a
discharger to submit information regarding a wastewater discharge which is to
be covered by a general permit. On a case-by-case basis the department may by
letter require a discharger to submit a notice of intent to be covered by a
general permit. Following receipt of a complete notice of intent the department
shall issue a determination on whether a discharger is covered by a general
permit.
(4) The department shall
withdraw a point source from coverage by a general permit and issue an
individual permit upon written request of the discharger.
(5) The department may require any point
source covered by a general permit to apply for and obtain an individual
permit. Any person may submit a written request that the department take action
under this subsection. Situations in which an individual permit may be required
include:
(a) The point source is a
significant contributor of pollution or the point source is more appropriately
regulated by an individual permit;
(b) The point source is not in compliance
with the terms and conditions of the general permit;
(c) A change occurs in the availability of
demonstrated technology or practices for the control or abatement of pollutants
from the point source or class of discharger;
(d) Effluent limitations or standards are
promulgated for a point source or class of point sources covered by the general
permit and are different than the conditions contained in the general
permit;
(e) A water quality
management plan containing requirements applicable to the point source is
approved.
(6) When an
individual WPDES permit is issued for discharges which would otherwise be
covered by a general permit, the applicability of the general permit to such
discharges is terminated on the effective date of the individual
permit.
(7) An owner or operator
who holds an individual WPDES permit for discharges which are eligible for
coverage by a general permit may request that the department revoke the
individual permit.
(8) Any general
permit issued by the department may, after an opportunity for hearing, be
modified, revoked and reissued, or terminated. Whenever the department finds
there is a need to modify, revoke and reissue, or terminate a general permit, a
public notice shall be made allowing 30 days for public comment prior to the
intended date of final action. Any public notice shall:
(a) Be published as a class 1 notice under
ch. 985, Stats., in all counties where dischargers may be located, or in the
official state newspaper as defined in s.
985.04,
Stats., and on the department's Internet Web site.
(b) Be mailed to any person, group, agency or
unit of government upon request.
(c) Contain a description of the discharge
types or categories or classes of dischargers covered by the general
permit.
(d) Identify the waters of
the state and areas of the state to which the general permit is
applicable.
(e) Contain a
description of the proposed action.
(f) Identify how and where to obtain
additional information, submit written comments or request a public
informational hearing.
(g) Describe
the procedures to be used to formulate a final determination on the proposed
action.
(h) Be distributed for
comment to the U.S. environmental protection agency, the U.S. army corps of
engineers, U.S. fish and wildlife service, and other states potentially
affected by the discharges. This subsection shall only apply to general permits
which authorize discharges to surface waters.
(i) Be distributed to any county and regional
planning commission in any area of the state where discharges under the general
permit may be authorized.
(j) Be
mailed to all facilities known by the department to be covered by a general
permit in the case of termination of a general permit to a class or category of
discharge.
(k) To satisfy the
mailing requirement of this of this section the department may either send a
paper copy of the document in the US mail, or transmit the document
electronically by email, provided the person or group does not object to
electronic mailing. The document mailed may reference the department's Internet
Web site where additional referenced material can be accessed.
(9)
(a) General permits may be reissued following
public notice and opportunity for hearing. The public notice procedures of sub.
(8) shall apply to general permit reissuance. Whenever possible, the department
shall reissue general permits prior to the expiration date of the previous
general permit to prevent the possibility of dischargers being unpermitted.
Even though dischargers under a general permit are not required to submit an
application for reissuance, the provisions of s.
227.51(2),
Stats., shall apply as though an application had been submitted by the class or
category of dischargers covered by the permit.
(b) If the department intends to terminate
the coverage of a general permit to a class or category of discharger upon the
expiration of the general permit, the action shall follow the procedural
requirements under sub. (8).
(10)
(a)
The department shall hold public informational hearings on any proposed general
permit issuance, reissuance, modification, revocation and reissuance, or
termination if the department determines that there is significant public
interest in holding a hearing or upon the petition of 5 or more persons.
Petitions shall indicate the interest of the petitioners and the reasons why a
hearing is warranted. Requests for hearings under this section shall be
submitted so that the requests will be received by the department during the
30-day comment period provided by the public notice of the proposed
action.
(b) Public notice of any
hearing held under this section shall be made in accordance with the
requirements of sub. (8).
(c)
Hearings shall be held at locations which are most convenient geographically to
the largest number of petitioners.
(d) Procedures for the appearance at, and
conduct of, hearings held under this section shall be in accordance with ss.
NR 203.08 through 203.11.
(e) The department shall make a final
determination on the proposal to issue, reissue, modify, revoke and reissue, or
terminate a general permit based upon the consideration of statements by the
public, government agencies and any other pertinent information. A notice of
final determination shall be prepared and circulated in accordance with s.
NR 203.13.
(f) Hearings held under this section are not
contested cases under s.
227.01(3),
Stats.
