WPDES Permit Rules and Regulations

In 1972, the United States Congress passed the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500). Federal water quality regulations are found in Title 40 of the Code of Federal Regulations. These regulations can be obtained from the U.S. Environmental Protection Agency. (EPA) (exit DNR)

The Federal Government, through EPA, assumed the dominant role in directing and defining a national program for water pollution control. However, the law also authorized EPA to delegate certain responsibilities to any state that could demonstrate the necessary levels of expertise and authority to administer the program. Wisconsin obtained EPA delegation on February 4, 1974.

The Wisconsin Pollutant Discharge Elimination System (WPDES) permit program was established by Chapter 283.13(1), Wisconsin Statutes. State wastewater regulations are found in Wisconsin Adminstrative Code Chapters 100-299 and Wisconsin State Laws and Statutes.

In Wisconsin, WPDES permits are issued by the WDNR's Bureau of Watershed Management, with federal oversight from the US EPA. The permit program is administered by the Department, with the Office of the Attorney General providing legal resources for the Department in enforcement activities. The Department is responsible for the issuance, reissuance, modification, and enforcement of all WPDES permits issued for discharges into the waters of Wisconsin (except discharges occurring on Native American lands which are regulated directly by EPA). Wisconsin regulates discharges to both groundwater and surface water; EPA only requires regulation of surface water discharges. No person may legally discharge to waters of the state without a permit issued under this authority.

Wastewater treatment plant plan review authority exists in s. 281.41, Wis. Stats. This authority results in the required review of municipal and industrial treatment plant construction plans as well as related monitoring systems and groundwater monitoring wells. The Department has 90 days to review the plans, which must be done before construction can legally begin.

For more information, contact: Permits Process and Facilities Management staff.