NR 310.15(3)(e) (e) The applicant shall provide a copy of the notice of public hearing to any person or group that requests a copy of the notice no later than 10 days before the scheduled hearing date.
NR 310.15(3)(f) (f) If the notice contains a list of names and addresses identified under s. NR 310.14 (2), the applicant shall provide a copy of the notice to each person on the list. The notice shall be provided to each person via U.S. mail with return receipt requested or delivered in person.
NR 310.15(3)(g) (g) The applicant shall provide proof of notice publication to the department prior to the scheduled hearing date. The proof of publication shall be an affidavit from the newspaper certifying publication and documenting the date of publication. If an affidavit cannot be obtained prior to the scheduled hearing date, the proof of publication shall be an original newspaper page, not a photocopy, which contains the notice and publication date.
NR 310.15(3)(h) (h) If the applicant is required to notify a list of persons in pars. (e) and (f), the applicant shall provide proof of notification prior to the scheduled hearing date. The proof of notification shall be proof of mailing from the U.S. postal service, or a signed and dated statement from the person delivering the notices that the notices were personally delivered.
NR 310.15 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.16 NR 310.16 Public informational hearings.
NR 310.16(1) (1) Form and timeliness of request for public hearing. Any request for a public informational hearing shall comply with all the following requirements:
NR 310.16(1)(a) (a) A request shall be in writing and dated.
NR 310.16(1)(b) (b) A request shall be submitted to the address in the notice of complete application and postmarked no later than 30 days following the date the department provided notice of complete application.
NR 310.16(1)(c) (c) A request shall include the docket number or applicant name and specify the issues that the party desires to be addressed at the public informational hearing.
NR 310.16(1)(d) (d) The issues specified in the hearing request shall relate to the legal standards listed in the notice of complete application.
NR 310.16(2) (2)Date and location of public informational hearing. The department shall hold a public informational hearing within 30 days after notice of hearing has been provided to the applicant under s. 30.208 (3) (d), Stats. The hearing shall be located in the vicinity of the property that is the subject of the individual permit application wherever possible and practicable.
NR 310.16(3) (3)Participation at public informational hearings. 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 the procedures in sub. (5). Persons and government agencies participating need not be represented by legal counsel.
NR 310.16(4) (4)Changes or adjournments in time or place of hearing.
NR 310.16(4)(a)(a) 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 the hearing. Failure to publish or notify as required by s. NR 310.15 (3) (d) and (e) shall constitute good cause for changes or adjournment.
NR 310.16(4)(b) (b) The hearing examiner may adjourn a hearing for good cause shown, to be reconvened at the discretion of the department on 10 days' notice or at a time certain on agreement of all persons present.
NR 310.16(5) (5)Conduct of public informational hearings.
NR 310.16(5)(a)(a) Informational hearings. Public informational hearings held pursuant to this subsection are not contested cases as defined in s. 227.01 (3), Stats.
NR 310.16(5)(b) (b) Hearing examiner. Public informational hearings held pursuant to this subsection shall be conducted by a hearing examiner designated by the secretary or secretary's designee.
NR 310.16(5)(c) (c) Procedure.
NR 310.16(5)(c)1.1. The hearing examiner shall open the hearing by concisely stating the scope and purpose of the hearing and explaining the procedures to be used in the hearing. The hearing examiner shall explain how and to whom notice of the final decision granting or denying a permit will be provided and how a person may seek administrative or judicial review of the final decision.
NR 310.16(5)(c)2. 2. Appearance slips shall be distributed to all persons attending the hearing and the hearing examiner shall ask all persons present to indicate on their appearance slips whether they intend to present an oral or written statement at the hearing.
NR 310.16(5)(c)3. 3. Any person may direct informational or clarifying questions through the hearing examiner to a person making oral statements, but cross-examination is not allowed at the hearing.
NR 310.16(5)(c)4. 4. The hearing examiner may place time limits on individual oral statements to prevent undue repetition or insure that all persons wanting to make statements can do so in a reasonable period of time.
NR 310.16(5)(c)5. 5. The hearing examiner may limit the number of representatives that may make oral statements on behalf of any individual or organized group.
NR 310.16(5)(c)6. 6. When necessary to ensure maximum participation and adequately allot time for oral statements at hearing, the hearing examiner may schedule at set times for persons to make oral statements. Even if oral statements are scheduled, unscheduled oral or written statements also shall be allowed at hearing.
NR 310.16(5)(c)7. 7. Any person submitting a written statement at hearing shall submit at least one legible copy to the hearing examiner.
NR 310.16(5)(c)8. 8. Regardless of specific requirements of this paragraph, the hearing examiner may use any procedures necessary to insure that the hearing will be conducted in an orderly and expeditious manner, provided the measures are consistent with broad public participation in the hearing.
NR 310.16(5)(d) (d) Contempt. The hearing examiner may exclude from the hearing a person who engages in loud, noisy, disruptive or contemptuous conduct.
NR 310.16(6) (6)Record of public participation. The department shall record public informational hearings electronically. The department may prepare a written report of public participation in the hearing.
NR 310.16 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.17 NR 310.17 Individual permit decision.
NR 310.17(1) (1) Decision date. The department shall render a decision issuing, denying or modifying a permit or approving a contract within 30 days after the public hearing is held, or if no public hearing is held, within 30 days after the end of the public comment period.
NR 310.17(2) (2)Standards and information. The department shall consider all the following information in deciding whether to approve, modify or deny an individual permit application:
NR 310.17(2)(a) (a) Applicable standards in statutes, rules and common law.
NR 310.17(2)(b) (b) Plans and information provided by an applicant.
NR 310.17(2)(c) (c) Information gathered during site investigations.
NR 310.17(2)(d) (d) Written or oral information provided during a public comment period or public hearing.
NR 310.17(2)(e) (e) Statements or information provided by local, state and national government agencies.
NR 310.17(2)(f) (f) Data or information found in natural resource inventories and plans, or maps collected by the department or others using commonly accepted methods.
NR 310.17(2)(g) (g) Published scientific research.
NR 310.17(2)(h) (h) Section 1.11, Stats., Wisconsin environmental policy act, and ch. NR 150.
NR 310.17(2)(i) (i) Any other pertinent information.
NR 310.17(3) (3)Notice of decision. The department shall mail copies of its decision on an individual permit application to all of the following:
NR 310.17(3)(a) (a) The applicant.
NR 310.17(3)(b) (b) The city, town or village where the activity is located.
NR 310.17(3)(c) (c) The county where the activity is located.
NR 310.17(3)(d) (d) The United States army corps of engineers.
NR 310.17(3)(e) (e) Any person who asks the department in writing for a copy of the final decision.
NR 310.17(4) (4)Effective date.
NR 310.17(4)(a)(a) Normal effective date. Except as otherwise provided in this subsection, the permit shall take effect upon mailing of the decision to all the parties listed in sub. (3).
NR 310.17(4)(b) (b) Delayed effective date based on objection.
NR 310.17(4)(b)1.1. Within 3 days of the close of any public comment period, the department shall notify the applicant and objectors of any objections, based on substantive standards in the statute and rules relating to the project that it has received.
NR 310.17(4)(b)2. 2. If the department has received objections under subd. 1., the individual permit shall take effect 30 days after the department mails its decision to all the parties listed in sub. (3).
NR 310.17(4)(b)3. 3. If objections under subd. 1. are withdrawn, the permit shall take effect upon mailing of the decision to all the parties listed in sub. (3).
NR 310.17(4)(c) (c) Delayed effective date based on petition for administrative review.
NR 310.17(4)(c)1.1. If a petition for administrative review contains a request for a stay and the department denies the petition provided under s. 30.209 (1m) (f) and (fm), Stats., an individual permit shall take effect the day after the date the department denies the petition.
NR 310.17(4)(c)2. 2. If a petition for administrative review contains a request for a stay that contains information showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment and the department grants the petition, the individual permit for which the petition has been granted shall take effect the day after any of the following occurs:
NR 310.17(4)(c)2.a. a. The hearing examiner assigned the case by the division of hearings and appeals lifts the stay because the hearing examiner has determined as provided in s. 30.209 (2) (b), Stats., that continuation of the stay is not necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the hearing.
NR 310.17(4)(c)2.b. b. The hearing examiner renders a decision approving, modifying or denying the individual permit.
NR 310.17(4)(d) (d) Dates of decisions regarding permits, petitions for administrative review, and stays. For purposes of this subsection, the department or hearing examiner has rendered a decision, granted or denied a petition for administrative review, or lifted a stay on the date that the department or examiner mails the applicant and the petitioner copies of the decision.
NR 310.17 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.18 NR 310.18 Administrative review.
NR 310.18(1) (1) Petition for administrative review and request for stay (permit decision date + 30 days).
NR 310.18(1)(a)(a) Within 30 days after the department renders a decision under s. NR 310.17, any interested person may file with the department, and at the same time provide a copy to the applicant of, a petition seeking administrative review of the decision. The petition also may request a stay of the activity pending an administrative hearing.
NR 310.18(1)(b) (b) The petition shall be in writing, shall be dated and shall be signed by the petitioner.
NR 310.18(1)(c) (c) The petition shall be submitted to the secretary of the department at the address provided in ch. NR 2.
NR 310.18(1)(d) (d) The petition shall include as an attachment a copy of the decision for which administrative review is sought.
NR 310.18(1)(e) (e) A petition for administrative review and any request for stay in the petition shall comply with the format and be filed in the manner provided by s. 30.209 (1m), Stats., and ch. NR 2.
NR 310.18(1)(f) (f) A petition is filed on the date it is received by the secretary of the department at the address specified in ch. NR 2.
NR 310.18(1)(g) (g) If a petition filed under s. 30.209 (1m) (a), Stats., requests a stay under s. 30.209 (1m) (c), Stats., and contains information showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment, a stay shall take effect upon filing of the petition and remain in effect until the department denies the petition under sub. (3) and s. 30.209 (1m) (d), Stats., or the hearing examiner lifts the stay as provided by s. 30.209 (2) (b), Stats., or renders a decision approving, modifying or denying the individual permit.
NR 310.18(2) (2)Applicant response to petition (petition receipt date + 15 days or less).
NR 310.18(2)(a)(a) Within 15 days after a petition is filed with the department, an applicant may file with the department, and at the same time shall provide to the petitioner seeking review, a response to the petition.
NR 310.18(2)(b) (b) A response to a petition shall comply with s. 30.209 (1m) (e), Stats.
NR 310.18(2)(c) (c) A response to a petition is filed on the date it is received by the secretary of the department at the address specified in ch. NR 2.
NR 310.18(3) (3)Grant or denial of administrative review petition (petition receipt date + 30 days or less).
NR 310.18(3)(a)(a) Within 30 days after the date that a petition is filed, the department shall grant or deny the petition in writing and, if the petition is denied, state the reasons for denial as provided in s. 30.209 (1m) (f), Stats. Failure to dispose of the petition within 30 days is a denial.
NR 310.18(3)(b) (b) The department has granted or denied a petition under par. (a) when it mails a grant or denial to a petitioner.
NR 310.18(4) (4)Referral to division of hearings and appeals (petition grant date + 15 days or less).
NR 310.18(4)(a)(a) Unless both the petitioner and applicant agree to an extension, the department shall refer the matter to the division of hearings and appeals within 15 days after granting the petition.
NR 310.18(4)(b) (b) The department has referred the matter under par. (a) when it mails to the division of hearings and appeals a hearing request form and copies of the permit application, the notice of completeness, the permit decision, the petition for administrative review, any petitioner's response to the petition, and the department letter granting the petition.
NR 310.18(5) (5)Notice of administrative hearing.
NR 310.18(5)(a)(a) At least 30 days before the date of the administrative hearing, the division of hearings and appeals shall notify the applicant as provided in par. (b).
NR 310.18(5)(b) (b) The division of hearings and appeals shall provide an applicant all the following:
NR 310.18(5)(b)1. 1. A notice of administrative hearing that shall contain all the information required under s. 30.208 (5) (b), Stats. The division of hearings and appeals may include any additional information that it deems necessary to provide adequate notice of an administrative hearing.
NR 310.18(5)(b)2. 2. A letter accompanying the notice or notices that contains all the following:
NR 310.18(5)(b)2.a. a. A statement that an administrative hearing will be held and whether the applicant or an interested person requested the hearing.
NR 310.18(5)(b)2.b. b. A statement that the applicant must mail a copy of the notice to any person or group who asks for a copy and mail a copy via U.S. mail with return receipt requested to an enclosed list of persons that the department has determined are interested and potentially interested members of the public pursuant to s. 30.208 (3), Stats., and s. NR 310.14 (2).
NR 310.18(5)(b)2.c. c. A list of persons and groups that asked that a notice of hearing be mailed to them, a list of interested and potentially interested members of the public determined by the department under s. 30.208 (3), Stats., and s. NR 310.14 (2) and a statement that the applicant is required to mail a notice of hearing to any person or group that asks for the notice between now and the hearing date.
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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.