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Wisconsin Pollution Discharge Elimination Systems
Septic Systems and Illegal Dumping | Enforcement | Illicit Discharge Regulations

Municipalities required to obtain a stormwater discharge permit under NR216 must prohibit illicit discharges to the storm sewer system. Creation of an ordinance gives the municipalities the means to identify and enforce correction of such discharges. When the Phase II rule is enacted, the majority of the municipalities in the Milwaukee River Basin will be required by law to adopt an illicit discharge ordinance. It is recommended that all municipalities in the basin, even those not subject to a stormwater permit adopt an illicit discharge ordinance on a voluntary basis.

Illicit discharge is defined as any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater, except for discharges allowed under a National Pollution Discharge Elimination System (NPDES) permit or other discharges allowed locally. These non-stormwater discharges may be due to illegal connections to the storm sewer system by commercial, industrial, or sometimes residential properties. (1) The illegal connections allow contaminated wastewater to drain untreated to our waterways. Failing septic systems and illegal dumping are also illicit discharges.

It is important to note that there are many non-stormwater discharges that are not considered illicit discharges. These include such discharges as water-line flushing, landscape irrigation, lawn watering, and water used for fire fighting.

A complete list of allowed discharges is shown in the pdf linked here. While these discharges are allowed, some of the activities are significant sources of pollutants to our waterways and need to be considered when developing stormwater related ordinances.

Wisconsin Pollution Discharge Elimination System (WPDES) --
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The Wisconsin Department of Natural Resources (WDNR) has the authority to regulate wastewater discharges in the State of Wisconsin. No person may legally discharge to waters of the state without a permit issued under this authority. Industrial operations, municipalities, and animal-waste operations are required to hold either a general or individual WPDES permit that outlines the conditions of the discharge.

Some municipalities with separate storm sewer systems must also have a WPDES Municipal Storm Water Permit in accordance with Chapter NR216 of the Wisconsin Administrative Code. This is a requirement of the EPA Storm Water Phase I rule.

Under the current rule, municipalities with a separate storm sewer system and ...

... with populations greater than 100,000 persons, or

... within the Great Lakes Area of Concern, or

... in a Priority Watershed with a population of 50,000 or more, or

... are considered a significant contributor of contaminated stormwater

are required to hold a WPDES municipal storm water permit. This rule is being revised in accordance with the EPA Storm Water Phase II rule and final approval is expected in 2004.

When approved, the rule will require operators of municipal storm sewer systems ...

... within urbanized areas as defined by the Bureau of the Census or

... serving a population of at least 10,000 and a population density of 1,000 persons/square mile
to hold a permit.

One of the elements the permit covers is illicit discharges. The permit requires that the municipality has “adequate legal authority” to prohibit illicit discharges to the storm sewer system. This is typically achieved by creation of an ordinance. The permit also requires conduction of field screening to identify illicit discharges to the storm sewer. If an illicit discharge is found, a narrative describing the color, odor, turbidity, the presence of any oil sheen or scum, or any other pertinent regarding non-stormwater discharge or illegal dumping is required. (2)

Septic Systems and Illegal Dumping -- Back to Top
Improperly located or failing septic systems can discharge inadequately treated sewage that may contaminate surface waters or groundwater. This discharge contains bacteria and viruses that can be harmful to humans and aquatic habitat. Excess nitrogen and phosphorus from the untreated waste can lead to excessive aquatic plant growth that depletes the dissolved oxygen needed by fish and other aquatic species. Even a properly operating septic system can release more than 10 pounds of nitrogen per year to the groundwater for each person using it. (3) Periodic inspections and maintenance to make sure the system is functioning properly will help reduce the potential for environmental impacts.

Illegal dumping can also have a detrimental effect on surface water and groundwater quality. Improper disposal of sewage from recreational practices such as boating or camping is an example of such dumping. Improper disposal of household products (such as paints) and automotive products (like motor oil and antifreeze) can also significantly impact surface water and groundwater.

Enforcement -- Back to Top
When an illicit discharge has been identified, the DNR uses a stepped enforcement approach to notify and penalize parties responsible for the discharge.

The steps include:
1. Verbal or written notification of illicit discharge
2. Notice of non-compliance
3. Notice of violation
4. Citations and/or referral to the Department of Justice.
It should be noted that steps could be skipped depending on the severity and impact of the illicit discharge.

Illicit discharges should be reported to the municipality or to the WDNR. http://www.dnr.state.wi.us/org/caer/staffdir/user/faqs.htm

Illicit Discharge Regulations -- Back to Top
For more information on regulation of illicit discharges, follow the link here.

Source for text in oval:
DNR, Stormwater Discharge Permit, #WI-5049018-2

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