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.
NR 203.06(1)(1)Form. Notice of a scheduled public hearing shall be in writing, with a title identifying the subject of the notice and the number of the application.
NR 203.06(2) (2)Content. The notice of a scheduled public hearing shall contain the following:
NR 203.06(2)(a) (a) The name, address, and phone number of the governmental unit conducting the hearing.
NR 203.06(2)(b) (b) The name and address of each applicant.
NR 203.06(2)(c) (c) The name of the authority to which the discharge is to be made, a general statement of the location of such proposed discharge, and a statement whether such discharge is a new or existing discharge.
NR 203.06(2)(d) (d) A brief statement that a public notice of a completed permit application has been issued, including date of such issuance.
NR 203.06(2)(e) (e) Information regarding the date, time and location of the hearing.
NR 203.06(2)(f) (f) The purpose and statutory authority of the hearing.
NR 203.06(2)(g) (g) A concise statement of the issues raised by the persons requesting the hearing.
NR 203.06(2)(h) (h) The address and phone number where interested persons may obtain further information, request a copy of each draft permit, and request a copy of each fact sheet where available, and inspect and copy forms and related documents.
NR 203.06(2)(i) (i) A statement that reasonable costs will be charged for copies of all information excluding public notices and fact sheets.
NR 203.06(2)(j) (j) A brief description of the nature of the hearing, including the rules and procedures to be followed, proposed time schedules and any necessary constraints to be placed on testimony at the hearing.
NR 203.06(2)(k) (k) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions of the permit.
NR 203.06(2)(L) (L) If it is necessary to allow less than 30 days' notice prior to a hearing, a statement of the reasons for such shorter time period.
NR 203.06(2)(m) (m) The date of the notice.
NR 203.06(2)(n) (n) A brief description of the nature of the hearing and the procedures to be used at the hearing.
NR 203.06(2)(o) (o) Reference to the date of previous public notices relating to the permit.
NR 203.06(3) (3)Circulation and notification. Circulation and notification shall be the same as for public notice in s. NR 203.02 and government notice in s. NR 203.03.
NR 203.06 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1984, No. 345; am. (2) (L) and (3), Register, February, 1996, No. 482, eff. 3-1-96; CR 09-123: cr. (2) (o) Register July 2010 No. 655, eff. 8-1-10.
NR 203.07 NR 203.07Location of public informational hearing. Whenever possible all public informational hearings on permit applications shall be held in the area affected by the proposed discharge. If more than one permit application from a particular region is scheduled for hearing at the same proceeding, the hearings may be held in a location reasonably accessible to all areas affected by the proposed discharges.
NR 203.07 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74.
NR 203.08 NR 203.08Persons entitled to participate in public informational hearings. In addition to the applicants named in the public notice of hearing, any interested members of the public or representatives of government agencies may participate in a public informational hearing with respect to the issuance of the proposed permit subject to any restrictions in s. NR 203.10. Persons and government agencies participating need not be represented by legal counsel.
NR 203.08 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1984, No. 345; am. Register, February, 1996, No. 482, eff. 3-1-96.
NR 203.09 NR 203.09Changes in time or place of hearing; adjournments.
NR 203.09(1)(1)Changes. Requests for changes in the time and place of a scheduled hearing will be granted only for good cause shown prior to any required newspaper publication of legal notice for said hearing.
NR 203.09(2) (2)Adjournment. The hearing examiner may adjourn a hearing for good cause shown, the hearing to be reset or reconvened at the discretion of the department on 10 days' notice or at a time certain on agreement of all persons present.
NR 203.09 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74.
NR 203.10 NR 203.10Conduct of public informational hearings.
NR 203.10(1)(1)Noncontested case. Public informational hearings held pursuant to this chapter are not contested cases as defined in s. 227.01 (3), Stats.
NR 203.10(2) (2)Hearing examiner. Public informational hearings held pursuant to this chapter shall be conducted by the secretary or designee.
NR 203.10(3) (3)Procedure.
NR 203.10(3)(a)(a) Regardless of specific requirements of this subsection the hearing examiner may, in his or her discretion, utilize procedures as may be necessary to insure that the hearing will be conducted in an orderly and expeditious manner, provided such measures are consistent with broad public participation in the hearing.
NR 203.10(3)(b) (b) The hearing examiner will open the hearing and make a concise statement of the scope and purpose of the hearing and shall state what procedures will be used during the course of the hearing. The hearing examiner shall explain the method of notification of the final decision to grant or deny a permit and the methods by which the decision may be reviewed in a public adjudicatory hearing.
NR 203.10(3)(c) (c) Appearance slips shall be distributed to all in attendance at the hearing. Persons shall state on their appearance slips their intent to present or not present an oral or written statement at the hearing.
NR 203.10(3)(d) (d) Informational and clarifying questions may be directed at persons making oral statements through the hearing examiner. In no instance shall cross-examination be allowed at the hearing.
NR 203.10(3)(e) (e) Time limits may be placed on individual oral statements by the hearing examiner in order to insure an opportunity for all persons present to make statements in a reasonable period of time and to prevent undue repetition.
NR 203.10(3)(f) (f) The hearing examiner, in his or her discretion, may limit the number of representatives that may make oral statements on behalf of any individual organized group.
NR 203.10(3)(g) (g) Persons proposing to make oral statements at a hearing may be scheduled at times certain by the hearing examiner when necessary to ensure maximum participation and allotment of adequate time for oral statement. Advanced oral statement scheduling may not be a bar to unscheduled oral or written statements at the hearing.
NR 203.10(3)(h) (h) Multiple copies of all written statements are encouraged, however, no more than one legible copy of a written statement shall be required to be submitted to the hearing examiner.
NR 203.10(4) (4)Contempt. Contemptuous conduct at a hearing shall be grounds for exclusion from the hearing by the hearing examiner.
NR 203.10(5) (5)Report of public participation. The hearing examiner shall make a written report of public participation during the hearing process. Copies of the report may be obtained at reasonable cost by request to the Bureau of Legal Services, P. O. Box 7921, Madison, Wisconsin 53707.
NR 203.10 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (5), Register, September, 1984, No. 345, eff. 10-1-84; correction in (2) and (3) (f) made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1984, No. 345; am. (1), (3) (a), (b) and (g), Register, February, 1996, No. 482, eff. 3-1-96.
NR 203.11 NR 203.11Transcripts.
NR 203.11(1) (1)Method and copies. Public informational hearings will be transcribed either stenographically or electronically. A typed copy of the transcript will be furnished to all persons, upon request, at a reasonable cost to be determined by the department.
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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.