Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 299 - Water quality certification › Section NR 299.05 - Preliminary and final department action

Current through June 24, 2024
(1) The department
				shall notify the applicant, the federal permitting or licensing agency, and the
				regional administrator within 120 calendar days of receipt of the complete
				application of its determination to deny the certification, grant or
				conditionally grant the certification, or waive the certification.
(2) The department's determination shall be
				in writing and shall explain the reasons for granting, granting conditionally,
				denying or waiving certification.
(3) The department's decision concerning a
				certification shall include the following:
(a) The name and address of the
				applicant;
(b) A statement that the
				department has made its decision about compliance with related state water
				quality standards enumerated in s.
				NR
				299.04(1) and denies, grants, grants
				conditionally or waives certification consistent with that decision.
(c) A waiver of certification shall include:
1. A statement explaining the determination
				that no discharge will result from the activity or that the activity does not
				fall within the purview of the department's authority; and
2. A statement advising the licensing or
				permitting agency and the applicant if the activity proposed requires
				authorization under requirements of state law administered by the department
				which are not related to water quality; and, where applicable,
3. Specific recommendations to the federal
				permitting authority and the applicant for avoidance of waters of the state.
				When all reasonable alternatives necessarily result in adverse impacts on
				waters of the state, a waiver may recommend specific project locations, and
				design and construction techniques which minimize adverse impacts on waters of
				the state and which minimize overall environmental impacts.
(d) A grant or conditional grant
				of certification shall include:
1. A statement
				that there is a reasonable assurance the activity will be conducted in a manner
				which will comply with the standards enumerated in s.
				NR
				299.04 and , if appropriate,
2. A statement of conditions which the
				department deems necessary with respect to the discharge including necessary
				monitoring requirements. Monitoring requirements shall include, but not be
				limited to, provisions that:
a. At least 5
				business days prior to the beginning of the discharge, the applicant shall
				notify the department of its intent to commence the discharge;
b. Within 5 business days after the
				completion of the discharge, the applicant shall notify the department of the
				completion of the discharge;
c. The
				applicant shall allow the department reasonable entry and access to the
				discharge site in order to inspect the discharge for compliance with the
				certification and applicable laws.
3. A statement advising the licensing or
				permitting agency and the applicant if the activity proposed may require
				additional authorization under requirements of state law administered by the
				department which are not related to water quality.
(e) A denial of certification shall include,
				a statement explaining why the department does not have reasonable assurance
				that the discharge will comply with the standards enumerated in s.
				NR
				299.04, and detailing the standards of
				concern.
(f) All denials or
				revocations of certification shall include a statement that unless a written
				request for a hearing is filed with the department within 30 days after mailing
				of the decision, the department's decision will become final without public
				hearing at the end of the 30-day period.
(fm) All grants or conditional grants of
				certification shall include a statement that unless a written request for
				hearing is filed with the department within 30 days after publication of the
				decision, the department's decision will become final without public hearing at
				the end of the 30-day period.
(g)
				All such decisions may also include other information which the department
				determines to be appropriate.