NR 203.136   Causes for a modification, revocation and reissuance, or termination.
Subchapter IV — Public Adjudicatory Hearings
NR 203.14   Intent.
NR 203.15   Applicability of subchapter.
NR 203.16   Who may petition; when.
NR 203.17   Form of petition.
NR 203.18   Form of hearing notice; content.
NR 203.19   Location of hearing.
NR 203.20   Final decision.
Ch. NR 203 Note Note: Chapter NR 3 was renumbered ch. NR 203, effective 10-1-84.
NR 203.01 NR 203.01Definitions.
NR 203.01(1) (1) “ Department" means the department of natural resources.
NR 203.01(2) (2) “General permit" means a permit for the discharge of pollutants issued by the department under s. 283.35, Stats.
NR 203.01(3) (3) “Permit" means a permit for the discharge of pollutants issued by the department pursuant to ch. 283, Stats.
NR 203.01(4) (4) “Secretary" means the secretary of the department of natural resources.
NR 203.01(5) (5) “US EPA" United States environmental protection agency.
NR 203.01(6) (6) “WPDES" Wisconsin pollutant discharge elimination system.
NR 203.01 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; renum. (4) and (5) to be (5) and (6), cr. (4), Register, September, 1984, No. 345, eff. 10-1-84; renum. (2), (4), (5) and (6) to be (4), (2), (6) and (5) and am. (5) and (6), Register, February, 1996, No. 482, eff. 3-1-96; correction in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491.
NR 203.015 NR 203.015Exceptions. The department may, with the consent of the permittee, revoke or modify a permit issued under s. 283.31 or 283.33, Stats., without following the notice procedures outlined in subch. I or without holding a public informational hearing as outlined in subch. II. Modification actions which qualify for this exception include:
NR 203.015(1) (1) Correcting a typographical error.
NR 203.015(2) (2) Requiring more frequent monitoring or reporting by the permittee.
NR 203.015(3) (3) Changing an interim compliance date in a schedule of compliance to a date that is not more than 120 days after the date specified in the existing permit if the change does not delay attainment of final compliance.
NR 203.015(4) (4) Reflecting a change in the owner or operator of a facility if the department determines that no other change in the permit is necessary and if the current and new owners or operators submit the department a written agreement that specifies a date for the new owner to assume responsibility for compliance with the permit and liability for violations of the permit.
NR 203.015(5) (5) Changing the construction schedule for a new source if the change does not affect the permittee's obligation to have required pollution control equipment installed and in operation before beginning to discharge.
NR 203.015(6) (6) Eliminating a point source from a permit if the discharge from that point source terminates and that termination does not cause the discharge of pollutants from other point sources to exceed permit limits.
NR 203.015(7) (7) Incorporating into a permit a condition of a publicly owned treatment works pretreatment program that has been approved by the department.
NR 203.015 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, November, 1996, No. 491.
subch. I of ch. NR 203 Subchapter I — Notices of Completed Permit Applications and Draft Permits
NR 203.02 NR 203.02Public notice of receipt of a completed permit application and draft permit.
NR 203.02(1) (1)Intent. Public notice of the receipt of a completed permit application and draft permit is intended to inform interested members of the public of a completed application, the tentative determination to issue or deny the permit as required in s. 283.39, Stats., and the public's right to obtain additional information, submit written comments, or request a public hearing with respect to issuance of a draft permit. Exceptions to the requirements for noticing are provided in s. NR 203.015. Public notice procedures for the issuance of general permits are contained in s. NR 205.08.
NR 203.02(2) (2)Form. The public notice of receipt of a completed permit application and draft permit shall be in writing, with a title identifying the subject of the notice and the number of the permit.
NR 203.02(3) (3)Content. The notice of receipt of a completed permit application and draft permit shall contain all of the following information:
NR 203.02(3)(a) (a) The name and address of the applicant.
NR 203.02(3)(b) (b) A brief description of each applicant's activities or operations which result in the discharge described in the application.
NR 203.02(3)(c) (c) The name of the waterway to which the discharge is made, a general description of the location of such discharge and a statement whether such discharge is a new or existing discharge.
NR 203.02(3)(d) (d) A statement of the tentative determination to issue or deny a permit for the discharge described in the application.
NR 203.02(3)(e) (e) A brief description of the procedures for reaching a final decision on the draft permit, including the 30-day period for public comment, and the 30-day period for requesting an informational public hearing or the hearing date and location if the department has already decided to hold a hearing. The availability of documents including the draft permit, fact sheet and other supporting information shall also be included in the notice.
NR 203.02(3)(f) (f) The name, address, phone number, and email of the contact person issuing the notice.
NR 203.02(3)(g) (g) The name, address, phone number, email, and Internet Web site where interested persons may obtain further information, request a copy of the draft permit, fact sheet, and inspect and copy forms and related documents.
NR 203.02(3)(h) (h) A statement that reasonable costs will be charged for copies of all information excluding public notices, permits, and fact sheets.
NR 203.02(3)(i) (i) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions for the permit.
NR 203.02(3)(j) (j) If applicable, the location of each sludge treatment works treating domestic sewage including those for “sludge only facilities," the sludge use, the sludge disposal practices, and the location of each sludge use or disposal site known at the time of permit application.
NR 203.02(3)(k) (k) The requirements applicable to cooling water intake structures under 33 USC 1326 (b), and 40 CFR part 125, subparts I, and J.
NR 203.02(3)(L) (L) Information indicating where the completed permit application, draft permit, and fact sheet may be viewed on the department's Internet Web site.
NR 203.02(3)(m) (m) If the applicant applied for a variance to a water quality standard, a statement regarding the tentative decision to approve or deny the variance. If the tentative decision is to grant the variance, the notice shall also specify which of the conditions specified in s. 283.15 (4) (a) 1. a. to e., Stats., were met, and shall also specify any effects of the variance on the designated use of the water body during the term of the permit.
NR 203.02 Note Note: A sludge use site includes a site for land application. Sludge disposal sites include surface disposal sites (not permitted in Wisconsin), landfills and incineration sites.
NR 203.02(4) (4)Notification. Procedures for providing public notice of a completed permit application shall include all of the following:
NR 203.02(4)(a) (a) Publication of the notice as a class 1 notice under ch. 985, Stats., in a newspaper of general circulation in the area affected by the discharge.
NR 203.02(4)(b) (b) Mailing the notice to the applicant, any user of a privately owned treatment works that was specifically identified in the permit application, and any person or group upon request.
NR 203.02(4)(c) (c) Mailing the notice to individuals and groups on a department WPDES permit application mailing list. Requests to be placed on the mailing list shall be directed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921.
NR 203.02(4)(d) (d) Publication of the notice through an electronic notification system established by the department.
NR 203.02(4)(e) (e) Publication of the notice on the department's Internet Web site.
NR 203.02(4)(f) (f) To satisfy the mailing requirement of this subsection the department may either send a paper copy of the document in the US mail, or transmit the document electronically by email, provided the person or group does not object to electronic mailing. The document mailed may reference the department's Internet Web site where additional referenced material can be accessed.
NR 203.02(5) (5)Public notice date. Public notice shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.
NR 203.02 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (1), r. (4) (b), renum. (4) (c) to be (4) (b), renum. (4) (d) to be (4) (c) and am., Register, November, 1976, No. 251, eff. 12-1-76; am. (1) and (4) (c), Register, September, 1984, No. 345, eff. 10-1-84; am. (1), Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; CR 09-123: cr. (3) (j) and (k) Register July 2010 No. 655, eff. 8-1-10; CR 14-027: am. (title), (1), (2), (3) (intro.), (e) to (h), (j), (k), cr. (L), (m), am. (4) (title), (intro.), (b), (c), cr. (4) (d) to (f), (5) Register July 2015 No. 715, eff. 8-1-15.
NR 203.03 NR 203.03Notice of receipt of a completed permit application and draft permit to other government agencies.
NR 203.03(1)(1)Intent. The intent of providing notice of the completed permit application and draft permit to other government agencies is to inform interested federal, state, and local government agencies of a completed application, the tentative determination to issue or deny the permit, and their right to obtain additional information, submit written comments, or request a public hearing with respect to issuance of a draft permit. Exceptions to the requirements for noticing are provided in s. NR 203.015. Notification to government agencies of the proposed issuance of general permits shall be in accordance with s. NR 205.08.
NR 203.03(2) (2)Form. Form shall be the same as for public notice in s. NR 203.02 (2).
NR 203.03(3) (3)Content. All government agency notices shall contain a copy of the public notice as described in s. NR 203.02, a copy of the fact sheet where available as described in s. NR 201.01, and a cover letter stating the purpose of the notice, the 30 day period for submitting comments and for requesting a public hearing pursuant to s. 283.49, Stats. In addition, the US EPA shall receive a copy of the permit application and draft permit and be provided a comment period not to exceed 90 days unless it agrees to a shorter comment period.
NR 203.03(4) (4)Notification. The following agencies shall be mailed government agency notices as described above:
NR 203.03(4)(a) (a) US epa.
NR 203.03(4)(b) (b) U.S. army corps of engineers, and U.S. fish and wildlife service.
NR 203.03(4)(c) (c) Other states potentially affected by the proposed discharge.
NR 203.03(4)(d) (d) The county and the city, town or village where the proposed discharge is located.
NR 203.03(4)(e) (e) The regional planning commission of the area where the proposed discharge is located.
NR 203.03(4)(f) (f) Any other agency or unit of government interested in the proposed discharge.
NR 203.03(4)(g) (g) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States, or American Indian tribes or bands.
NR 203.03(5) (5)Waiver of notice and electronic notice. Any agency in sub. (4) may waive the right to receive notice or may consent to receive notices electronically.
NR 203.03 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (1) and (3), Register, November, 1976, No. 251, eff. 12-1-76; am. (1), Register, September, 1984, No. 345, eff. 10-1-84; correction made in (2) and (3) under 13.93 (2m) (b) 7., Stats, Register, September, 1984, No. 345; am. (1) to (3) and (4) (a), Register, February, 1996, No. 482, eff. 3-1-96; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; CR 09-123: am. (3), cr. (4) (g) Register July 2010 No. 655, eff. 8-1-10; CR 14-027: am. (title), (1), (4) (title), (b), cr. (5) Register July 2015 No. 715, eff. 8-1-15.
subch. II of ch. NR 203 Subchapter II — Public Informational Hearings
NR 203.04 NR 203.04Intent and scope. The regulations in this chapter prescribe the policies and procedures to be followed in issuing the notice of and the conducting of a public informational hearing and deciding the final determination as to whether to issue or deny a permit authorizing discharges into the waters of the state of Wisconsin. A public informational hearing, either mandatory or discretionary on the department, is to give all interested persons an additional opportunity to make a statement with respect to a proposed permit or permit application and to have such statements considered in the final determination. Exceptions to the requirements for holding a public informational hearing are provided in s. NR 203.015. The promulgation of the regulations in this chapter is by authority of ss. 283.49 (1) (c) and (2) (b), Stats.
NR 203.04 History History: Cr. Register, January 1974, No. 217, eff. 2-1-74; am. Register, September, 1984, No. 345, eff. 10-1-84; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491.
NR 203.05 NR 203.05Request for public informational hearing.
NR 203.05(1)(1)Discretionary hearing. The department may schedule a public hearing on a proposed permit or permit application if requested by:
NR 203.05(1)(a) (a) The applicant.
NR 203.05(1)(b) (b) A state agency.
NR 203.05(1)(c) (c) A federal agency other than the US EPA.
NR 203.05(1)(e) (e) Fewer than 5 persons.
NR 203.05(2) (2)Mandatory hearing. The department shall schedule a public hearing on any permit if any of the following occur:
NR 203.05(2)(a) (a) If requested by the US EPA.
NR 203.05(2)(b) (b) If requested by any state affected by the discharge.
NR 203.05(2)(c) (c) Upon receipt of a petition signed by 5 or more persons.
NR 203.05(2)(d) (d) If the department determines that there is significant public interest in the permit application.
NR 203.05(3) (3)Form of request or petition. Any request or petition for hearing filed pursuant to this section shall be in writing and dated. The request or petition for hearing shall indicate the number of the draft permit, the interest of the party filing the request or petition, the issues that the party desires to be considered at the hearing and the reason why a hearing is warranted.
NR 203.05(4) (4)Timeliness of request or petition. No request or petition for hearing under this section shall be timely unless received by the department within 30 calendar days of the issuance of the public notice of the receipt of a completed permit application and draft permit.
NR 203.05(5) (5)Filing address. All requests or petitions for a public informational hearing shall be served by delivery or mail addressed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921.
NR 203.05 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (1) and (3), Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (c), (2) (a) and (5), Register, February, 1996, No. 482, eff. 3-1-96; CR 14-027: r. (1) (d), am. (1) (e), (2) (intro.), (3) to (5) Register July 2015 No. 715, eff. 8-1-15.
NR 203.06 NR 203.06Notice of public informational hearing.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.