01-1035 League of Wisconsin Municipalities, et al. v. Wisconsin Department of Commerce

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“Moreover, we note that Wis. Admin. Code § Comm 83 does specifically refer to the groundwater standards in several places. The department noted in its Record of Decision that its predecessor rule lacked any reference to the groundwater standards of Wis. Admin. Code ch. NR 140, but that the present ch. Comm 83 expressly incorporates them. For example, § Comm 83.32(1) prohibits ‘the introduction of wastewater or substances in such quantities or concentrations’ to a private system ‘that results in exceeding the enforcement standards and preventive action limits specified in ch. NR 140 Tables 1 and 2 at a point of standards application.’…

“In short, we conclude that Wis. Admin. Code § 83.24 neither conflicts with the express language of Wis. Stat. § 145.24 nor contravenes the legislature’s intent regarding the department’s authority to grant variances. That section of the rule, like ch. Comm 83 as a whole, is therefore reasonable, within the department’s authority and valid.”

Order affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Nichol, J., Deininger, J.

Attorneys:

For Appellant: Richard A. Heinemann, Madison

For Respondent: Frank D. Remington, Madison; Robert A. Selk, Madison; Thomas C. Bellavia, Madison