Among others, there are three important federal regulations that control the DNR’s issuance of WDPES permits. First, federal law prohibits the DNR from issuing a WPDES permit for a new discharge of pollutants into an already polluted water, unless 1) there is a clean up plan in place for that water (link to 303(d) list and TMDLs, below); 2) there is “room” or “assimilative capacity” in the stream for the new discharge without violating water quality standards; and 3) all of the dischargers on the stream are on a schedule to limit their pollution and clean up the stream. Second, even when a stream is not already impaired, the DNR may not issue a WPDES permit where the discharge has the “reasonable potential” to cause or contribute a violation of the water quality standards for that stream. This is a called a “reasonable potential analysis,” and the DNR is required to do it. For example, the DNR cannot issue a WPDES permit for a wastewater treatment plant where the sewage discharge from it would violate water quality standards in the river. Instead, the DNR must add more requirements into the WPDES permit to ensure that water quality standards in the river will not be violated. Third, and relatedly, the DNR cannot issue a new WPDES permit that will degrade or pollute pristine waters such as Exceptional Resource Waters and Outstanding Resource Waters. Instead, what comes out of the discharger’s pipe must be as high or better quality than the ambient receiving water. A few exceptions exist, such as where the discharge is necessary to correct a public health problem, as with a new sewage treatment plant in a community where septic systems are failing and polluting the groundwater. Another exception is where a wastewater treatment needs to expand its capacity and increase its discharge into an Exceptional Resource Water. For other waters that are not Exceptional or Outstanding Resource Waters, some water quality degradation may be allowed where absolutely necessary to achieve important social and economic objectives, but the burden is on the WPDES permit applicant to make this showing. Enforcing the Clean Water Permits
The public is allowed to enforce the requirements of WPDES permits. You have the right to go to court to make sure that a facility complies with its WPDES permit. If you prevail in your case, the court will likely order the defendant to comply with the WPDES permit and pay civil penalties to the U.S. treasury. Midwest Environmental Advocates has brought several lawsuits to enforce the requirements of WPDES permits, including: Scott and Judy Treml v. Stahl Farms Concerned Farmers & Neighbors of the Town of Hixton v. Sedelbauer Farms, Inc.
Sierra Club v. Cintas Corporation Sierra Club v. Emmpak Foods, Inc. Sierra Club v. Maple Ridge Dairy
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