AB 728

The federal Clean Water Act (CWA) includes a program for issuing permits for

discharges of water pollutants from point sources, such as pipes. Under the CWA,

the federal Environmental Protection Agency (EPA) may approve the issuance of

these permits by a state if EPA determines that the state has a program that meets

requirements in the CWA and EPA regulations under the CWA. Currently, the

Department of Natural Resources (DNR) administers an EPA-approved permit

program for point sources of water pollution (referred to as the Wisconsin pollution

discharge elimination system or WPDES).

This bill makes various changes in the statutes for WPDES that primarily

conform those statutes to provisions in the CWA and EPA regulations under the

CWA. The changes relate, among other things, to standards of performance that are

applicable to new sources of water pollution and procedures and standards for

modifying or terminating permits.

Current law authorizes DNR to issue a general WPDES permit authorizing

certain vessels to discharge ballast water. The law specifies fees for coverage under

a ballast water general permit that are applicable until June 30, 2013. The law

requires DNR to promulgate rules setting fees applicable after June 30, 2013, based

on the costs of administering and enforcing a general permit for ballast water

discharges.

This bill makes the statutory fees for a ballast water general permit permanent

and eliminates the requirement for DNR to promulgate rules setting fees.