AB 848

Federal law requires each state to have a continuing water quality planning

process that is approved by the federal Environmental Protection Agency. The law

requires the plans resulting from this process to include, among a number of other

elements, areawide waste treatment management plans, which contain plans for the

construction of sewage treatment plants and sewage collection systems.

Current state law requires the Department of Natural Resources (DNR) to

establish a continuing water quality management planning process that results in

areawide water quality management plans for all areas of the state. The plans must

include the elements required by federal law. Under DNR's rules, an areawide water

quality management plan for an urban area must identify sewer service areas for a

20-year planning period.

Under the rules, for some areas, DNR reviews and approves water quality

management plans developed by designated local or regional agencies. DNR adopts

plans for other areas, but the rules specify that preparation of plans for those areas

will be carried out by local or regional planning agencies under contract with DNR,

if possible.

This bill requires DNR to approve or reject proposed revisions to the areawide

water quality management plan for Dane County. The bill requires DNR to base its

decision on whether the proposed revision complies with water quality standards.

The bill generally requires DNR to make its decision within 90 days after a formal

application for the revision is submitted. The bill allows DNR and an applicant to

agree to extend the 90-day deadline. Under the bill, if DNR and the applicant do not

agree to an extension and DNR does not approve or reject a proposed revision to the

areawide water quality management plan for Dane County within 90 days, the

proposed revision is automatically approved on the 120th day, unless before that day

DNR petitions the circuit court for an order extending the time for DNR to act on the

revision. The court may grant an extension for a period it determines to be

reasonable.

The bill authorizes DNR to contract with a regional planning commission or

other entity, except Dane County or any of its subunits, including the Dane County

Lakes and Watershed Commission, to provide advisory services relating to the

review of proposed revisions to the areawide water quality management plan for

Dane County, but specifies that DNR may not delegate its authority to approve or

reject revisions. The bill also provides that Dane County and any of its subunits,

including the Dane County Lakes and Watershed Commission, may not be

designated to develop the areawide water quality management plan for Dane

County.