Sewerage Commission of Milwaukee v. State Department of Natural Resources

The Department of Natural Resources appeals from a declaratory judgment granted to the Sewerage Commissions of the City and County of Milwaukee declaring that two discharge elimination system permits issued by the DNR were invalid because they require secondary treatment compliance prior to July 1, 1977. The judgment also dismissed the DNR’s counterclaim for a forfeiture based on the failure to comply with the permits. The DNR contends that it did not exceed its authority when it ordered compliance with federal and state secondary treatment requirements prior to July 1, 1977, and that the…