State Codes and Statutes
Statutes > Wisconsin > 283 > 283.84283.84
283.84 Trading of water pollution credits.283.84(1)
(1) The department shall administer at least one pilot project to evaluate the trading of water pollution credits. The department may only administer a pilot project if the pilot project is consistent with the federal Water Pollution Control Act, 33 USC 1251 to 1387. Subject to sub. (1m), a pilot project may authorize a person required to obtain a permit to increase the discharge of pollutants above levels that would otherwise be authorized in the permit if the person does one of the following:283.84(1)(a)
(a) Reaches an agreement with another person who is required to obtain a permit under which the other person agrees to reduce the discharge of pollutants in the project area below the levels that would otherwise be authorized in the other person's permit.283.84(1)(b)
(b) Reaches an agreement with another person who is not required to obtain a permit under which the other person agrees to reduce the amount of water pollution that it causes in the project area below the levels of water pollution that it causes in the project area when the agreement is reached.283.84(1)(c)
(c) Reaches an agreement with the department or a local governmental unit, as defined in s. 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.283.84(1m)
(1m) A pilot project may authorize a person to increase a discharge of pollutants above levels that would otherwise be authorized in the permit only if all of the following apply:283.84(1m)(a)
(a) The agreement under sub. (1) (a), (b) or (c) results in an improvement in water quality.283.84(1m)(b)
(b) The authorized increase in pollutants and the reduction in pollution provided for in the agreement under sub. (1) (a), (b) or (c) involve the same pollutant or the same water quality standard.283.84(1m)(c)
(c) The term of the agreement under sub. (1) (a), (b) or (c) is not more than 5 years.283.84(2)
(2) The department may select an area as a project area under this section only if all of the following apply:283.84(2)(a)
(a) The area is the watershed or a portion of the watershed of an impaired water body that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).283.84(2)(b)
(b) The area includes both agricultural and municipal sources of water pollution and both point sources and nonpoint sources.283.84(2)(c)
(c) Potential participants located in the area exhibit an interest in participating in a pilot project.283.84(3)
(3)283.84(3)(a)
(a) The department shall appoint a local committee for each pilot project to advise the department concerning the pilot project. The local committee shall include representatives of persons in the project area who hold permits.283.84(3)(b)
(b) A committee appointed under s. 281.65 (4) (dr) satisfies the requirement under par. (a) if it includes the members required under par. (a).283.84(3m)
(3m) A person engaged in mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3), may not enter into an agreement under sub. (1) (a), (b) or (c).283.84(4)
(4) The department shall amend the permits of persons entering into agreements under sub. (1) to enable the agreements to be implemented.283.84(5)
(5) Beginning no later than September 1, 1998, and annually thereafter, the department shall report to the governor, the secretary of administration and the land and water conservation board on the progress and status of each pilot project in achieving water quality goals and coordinating state and local efforts to improve water quality.283.84 - ANNOT.
History: 1997 a. 27; 2001 a. 16; 2003 a. 33.