Power plants

Wastewater discharge

The DNR administers the National Pollution Discharge Elimination System (NPDES) permit program of the federal Clean Water Act. This law requires that anyone who proposes to discharge pollutants to waters of the state (both surface and groundwater) must first obtain a permit, which limits pollutant discharges to protect water quality.

Any proposed discharge permit must include a public notice. In addition to providing comments, five or more individuals may request a public informational hearing, which must be held before the Department makes a final determination on the discharge permit.

In addition to any federal requirements for an industrial category, Wisconsin has numerical standards for many substances, some of which could be of concern at power plants. Examples are chemicals like chlorine that are added to control fouling. These might be present in the blowdown. Wisconsin's antidegradation law applies to any new discharge, requiring more restrictive limits than those in force for an existing facility.

An additional concern for a steam cycle power plant would be the discharge of heat. Any new plant would be issued a permit that includes heat restrictions to protect aquatic life in the area affected by the discharge.

Power plant cooling water intakes must be designed to meet state and federal laws to minimize the number of organisms drawn through the power plant cooling system. For example, the velocity of the intake water is limited to protect fish larvae and other small organisms.

Water Use

Many power generation facilities use large quantities of water to produce steam to operate the steam turbine-generators and condense the steam for reuse. This water may be obtained from surface waters, groundwater or treated wastewater. When large quantities of water are required, the facility is required to obtain approval from the department for water withdrawal. Any new or increased groundwater withdrawal (over 70 gallons per minute) must be reviewed and approved by the Water Use Section. A consumptive use exceeding 2 million gallons per day requires a water loss approval under standards set in s. 281.35, Wis. Stats. This approval is coordinated with other approvals or permits for surface water intakes, groundwater withdrawals and/or discharging wastewater withdrawals. Additional regulations (such as Water Use Permits), also exist for properties in the Great Lakes Basin.

Waterway & wetland permitting

Navigable waters are those with a bed and banks that are capable of floating – on a recurring basis - a shallow-draft recreational watercraft. Those streams appearing as perennial or intermittent on U.S.G.S. topographic maps are generally navigable. The navigability status of any stream or pond should be determined early in the site planning process.

Any project that would affect a public waterway may require a permit under the authority of Ch. 30, Wis. Stats. These activities could include cooling water intake structures, wastewater discharge structures, and grading along the banks of state waters. Ch. 30 is intended to protect public rights in navigable waters.

This permitting program is coordinated with the U.S. Army Corps of Engineers permitting authority under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act.

Additionally, permits may be required for activities that may affect wetlands under the requirements of ss. 281.36, Wis. Stats., Ch. NR 103, Wis. Adm. Code, and Ch. NR 299, Wis. Adm. Code. The standards set in NR 299 and NR 103 require the applicant to demonstrate that they have considered practicable alternatives that avoid and minimize wetland impacts and that the project will not have significant adverse impacts to wetland functions and values.

Please contact the Environmental Analysis and Sustainability program staff for more information regarding power plant permitting.

Solid waste & landfills

For some power plants using solid fuels (primarily coal) a new landfill may be needed to receive ash and other solid wastes. All new landfills and expansions of existing landfills must obtain both state and local approvals before construction. The state licensing process and the negotiation or arbitration of local approvals are two separate but concurrent processes.

The state licensing process, administered by the DNR, is a technical review to determine if the proposed landfill site and design meet all applicable public health and environmental standards. The local approvals process considers the local economic, social and land-use impacts of the proposed facility. The applicant negotiates local approvals with affected local units of government. That process is overseen by the Waste Facility Siting Board, which arbitrates local approvals upon the landfill applicant's request.

State approval process

The state approval process includes the following five major steps mandated by Wisconsin State Law.

1. Initial site inspection
2. Initial site report
3. Feasibility report
4. Plan of operation report
5. Construction documentation

The feasibility report is the most critical step required for a new landfill (or expansion of an existing landfill). Obtaining a favorable feasibility determination from the DNR virtually assures the applicant that from a technical standpoint the landfill can be developed. The feasibility of the facility is primarily based on a hydrogeological investigation, the proposed engineering design, evaluation of the waste management alternatives, the need for the facility and compliance with location and performance standards.

Landfills cannot be located within a floodplain or too close to surface water, highways, public parks, or water supply wells. They cannot have a negative impact on endangered or threatened species, critical habitat, or areas of natural, scientific, historic or archaeological significance.

For a solid-fueled power plant, the Wisconsin Environmental Policy Act (WEPA) process applies to the feasibility determination. It must consider impacts caused by any landfill required to dispose of ash or other solid waste. After the process has been completed, the reviewer summarizes the feasibility report and issues a public notice of completion that:

1. asks the public for comments on the proposal; and
2. informs the public of the opportunity for an informational or a contested case hearing on the technical feasibility of the proposal.

If no hearing is requested, or if an informational hearing is requested, a feasibility determination is written. If a contested case hearing is held, the feasibility determination must be made within 90 days after the contested case hearing. It is conducted like a court trial with witnesses, including the DNR reviewers, testifying under oath. This type of hearing is intended to address the technical issues of site feasibility including the need for the landfill and its ability to meet design and performance standards, protect public health, welfare and the environment.

If a facility is deemed feasible, the applicant submits a Plan of Operation, which must meet performance standards and include specific design elements to address potential impacts. If a plan of operation is approved, the applicant may construct the landfill.

If a construction documentation approval is received, the applicant may apply for a license and begin accepting waste upon receiving it.

Local approvals process

In addition to the state licensing process, the applicant must obtain any applicable local approvals. These include any permits or approvals required by pre-existing local ordinances (zoning variances, building permits, etc.). Although local approvals are only needed before construction, as a practical matter, most applicants do not proceed with a plan of operation until the local approvals are resolved.

The local approvals process has two major steps - negotiation and state arbitration. An applicant for a new or expanded facility must apply for local approvals before submitting a feasibility report to the DNR. Affected municipalities within 1,200 feet the proposed landfill and the county may negotiate with the applicant. The site owner may offer design, financial and operational incentives to the municipality in pursuit of a negotiated agreement.

Operational issues that may be negotiated include:

• hours of operation;
• waste materials accepted;
• nuisance control;
• lighting;
• vehicle routes and access;
• aesthetic screening and fencing;
• recycling efforts;
• private well monitoring and replacement; and
• post-closure site use.

Economic issues include:

• payments to local governments for local costs of regulation;
• fire control;
• road maintenance;
• payments in lieu of taxes;
• economic protection of neighboring property owners for loss of property value; and
• establishment of a local advisory committee.

If the parties are unable to reach a negotiated settlement, they may petition the Waste Facility Siting Board to issue a decision on the matter.

For more information, visit our Solid Waste and Landfill pages.

Current project proposals

South Shore Energy, LLC, a subsidiary of ALLETE, Inc. (ALLETE), and Dairyland Power Cooperative (DPC), (Applicants) propose to build a new 625-watt natural gas-powered electric generating facility referred to as the Nemadji Trail Energy Center (NTEC). In late 2018, the department began receiving application materials related to the permitting required for a proposed power plant in Superior, Wisconsin.

PROJECT STATUS

The Wisconsin Public Service Commission (PSC) published a final Environmental Impact Statement (EIS) on the project in September 2019. Several DNR programs contributed to this EIS. PSC held a public hearing on the Certificate of Public Convenience and Necessity (CPCN) in Superior on October 29, 2019. PSC issued a conditional approval for the CPCN on January 31, 2020. All materials related to the PSC process are on the PSC website (Docket No. 9698-CE-100).

The following table lists DNR permits and approvals that will be required by the Applicants, along with associated regulations, status, and contacts.

*For questions regarding the DNR's liaison role with the PSC, contact Macaulay Haller

MAP OF PROPOSED NEMADJI TRAIL ENERGY CENTER, SUPERIOR, WISCONSIN.