reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.04 - Reporting of existing discharges

Current through June 24, 2024
(1) Any person
				  discharging pollutants into waters of the state, for which an application is
				  required under s.
				  NR 200.03(1) (a) and
				  (b), shall have had a complete application on
				  file with the department at least 180 days prior to the date on which the
				  person commenced the discharge.
(2)
				  Any person discharging pollutants into waters of the state, for which a
				  complete application is required under s.
				  NR 200.03(1)
				  (c), shall have had a complete application on
				  file with the department at least 180 days prior to the date on which the
				  person commenced the discharge.
(3)
				  Any person discharging pollutants into waters of the state, for which an
				  application is required under s.
				  NR 200.03(1)
				  (d), shall have a complete application on
				  file with the department no later than 90 days following receipt of the
				  application.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.05 - Reporting of new discharges

Current through June 24, 2024
Pursuant to s.
					 283.59,
					 Stats.:
(1) Any permittee discharging
				  pollutants into waters of the state shall give notice to the department at
				  least 180 days prior to any facility expansion, production increase, or process
				  modification which will result in a new or increased discharge of one or more
				  pollutants.
(a) If the new or increased
				  discharge will result in exceeding or violating any effluent limitation of the
				  existing permit for the discharge, the permittee shall file a new application
				  with the department pursuant to s.
				  283.37,
				  Stats., for the purpose of obtaining either a modification of the existing
				  permit or the issuance of a new permit.
(b) If the new or increased discharge will
				  not result in exceeding or violating any effluent limitations of the permit,
				  the permittee shall give notice in the form of a letter addressed to the
				  department. The letter shall refer to the number and expiration date of the
				  existing permit, describe the proposed expansion, production increase, or
				  process modification, and include a statement that no effluent limitation of
				  the permit will be exceeded or violated. The letter of notification shall be
				  signed in accordance with s.
				  NR
				  200.07(4).
Note: The letter required in par. (b) may be mailed to the
					 appropriate regional office or to the Department of Natural Resources, Bureau
					 of Watershed Management, Box 7921, Madison, Wisconsin 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.06 - Application for reissuance

Current through June 24, 2024
(1) Pursuant to s.
				  283.53(3),
				  Stats., a permittee who wishes to continue to discharge after the expiration of
				  the permit shall file an application with the department for reissuance of the
				  permit at least 180 days prior to its expiration, unless permission for a later
				  date has been granted by the department.
(2) The application for reissuance of a
				  permit shall be submitted electronically using the department's web-based
				  application system and shall be signed in accordance with s.
				  NR
				  200.07(4).
Note: The department's web-based application system can be
					 accessed at:
http://dnr.wi.gov/environmentprotect/switchboard/
(3) Data or information supplied
				  in or with the application for reissuance and additional data or information
				  which may be requested in accordance with s.
				  NR 200.09,
				  will be used as set forth in s.
				  NR
				  200.024.
(4) The department may require an applicant
				  to report on application forms any information the department needs to
				  correspond with the applicant or assemble the permit components or conditions
				  appropriate for the particular discharge including:
(a) General facts about the applicant or
				  facility, including coverage under other environmental permits, sources of
				  wastewater and information on the treatment system for which a permit is
				  requested.
(b) Data available to
				  the applicant through information searches or measurements taken by the
				  applicant.
(c) Information obtained
				  by the applicant as a result of requirements in previous permits.
(d) Information on results of testing,
				  including quality control information, obtained by the applicant through
				  investigations, such as pilot studies or effluent or ambient
				  monitoring.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.07 - Application forms

Current through June 24, 2024
(1) Application for a discharge permit shall
				  be in a form approved by the department. Different application forms are used
				  to provide information from different types of sources of discharge. The
				  department may prescribe forms prepared by the environmental protection agency
				  for use when appropriate or may modify such forms as necessary.
(2) Application forms may be obtained by
				  contacting the department.
Note:
Persons may obtain application forms by
					 writing to the department regional office or the Department of Natural
					 Resources, Bureau of Watershed Management, Box 7921, Madison, Wisconsin 53707
					 or by calling one of those offices. Persons requesting an application form
					 should say they wish to apply for a WPDES permit and provide their name,
					 address, telephone number and a brief description of the facility which will
					 generate the wastewater discharge.
(3) Application forms shall be filed with the
				  department at the address provided on the application.
(4) Persons submitting application forms or
				  electronic permit application agreements to the department shall sign the form
				  or agreement and certify to the accuracy of the information pursuant to s.
				  NR 205.07(1)
				  (g).
(5)
(a)
Applications for new or existing manufacturing, commercial, mining,
				  silvicultural, and non-contact cooling water dischargers, sewage sludge
				  generators, and publicly owned treatment works.
In addition to any
				  other information required under ch. 283, Stats., or other WPDES permit
				  application regulations, an owner or operator of a facility applying for a
				  WPDES permit shall submit the information specified in 40 CFR 122. 21(f)
				  through (h), (j), (k) and (q) that is required for the applicants type of
				  discharge. The applicant shall submit this information on the application form
				  in sub. (1) , or as an attachment to the form.
(b)
Applications for discharges from
				  aquatic animal production facilities.
In addition to any available
				  monitoring data, owners or operators of aquatic animal production facilities
				  shall include the all of following information in the permit application:
1. The maximum daily and average monthly flow
				  from each outfall.
2. The number of
				  ponds, raceways, and similar structures.
3. The name of the receiving water and the
				  source of intake water.
4. For each
				  species of aquatic animal, the total yearly and maximum harvestable
				  weight.
5. The calendar month of
				  maximum feeding and the total mass of food fed during that month.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.09 - Incomplete application

Current through June 24, 2024
The department may require an applicant to submit data
					 necessary to complete any deficient application, may require any additional
					 data other than that requested in the application or may require the applicant
					 to submit a complete new application where the deficiencies are extensive or
					 the appropriate form has not been used. Within 60 days of the date of receipt
					 of a request from the department for additional data, the applicant shall
					 submit the data. A permit may not be issued until a complete application is
					 submitted to the department. A permit application will not be considered
					 complete until the requirements of s.
					 23.11, Stats., and
					 ch. NR 150 are met, and all required information is
					 submitted.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.10 - Time periods for action on permit applications and modification requests

Current through June 24, 2024
(1)
				  Within 100 business days of receipt of a complete permit application or request
				  for modification of an existing permit the department shall publish a class 1
				  notice under ch. 985, Stats., indicating its intended action.
(2) Where a complete reissuance application
				  has been received at least 180 calendar days prior to the permit expiration
				  date, the department shall, at least 25 business days prior to the expiration
				  date, publish a class 1 notice under ch. 985, Stats., indicating its intended
				  action. Where a complete reissuance application is not received at least 180
				  calendar days prior to the permit expiration date, the time deadline in sub.
				  (1) shall apply.
(3) The
				  department's final decision on a permit application or request for modification
				  shall be made within 50 business days after completion of the hearing process
				  under s.
				  283.49, Stats.,
				  and consideration of the environmental impact of the project as required by s.
				  1.11,
				  Stats.
(4) The time deadlines in
				  subs. (1) to (3) are not applicable to permit applications or modification
				  requests submitted to the department by a municipality.
Note: One hundred business days is approximately 140
					 calendar days; 50 business days is approximately 70 calendar days; 25 business
					 days is approximately 30 calendar days.
(5) The time deadlines in sub. (2) are not
				  applicable if the department determines, pursuant to s.
				  283.53,
				  Stats., that the permittee is not in substantial compliance with all the terms,
				  conditions, requirements and schedules of compliance of the expiring
				  permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter II - Application for Discharge Permits › Section NR 200.11 - Draft Permit

Current through June 24, 2024
(1) Once an application is complete, the
				  department shall tentatively decide whether to prepare a draft permit or to
				  deny the application.
(2) If the
				  department tentatively decides to deny the permit application, the department
				  shall issue a notice of intent to deny. A notice of intent to deny the permit
				  application shall follow the same procedures as any draft permit prepared under
				  this section. If the department's final decision is that the tentative decision
				  to deny the permit application was incorrect, the department shall withdraw the
				  notice of intent to deny and proceed to prepare a draft permit under sub.
				  (4).
(3) If the department
				  tentatively decides to issue a WPDES permit, a draft permit shall be prepared
				  under sub. (4).
(4) A draft permit
				  shall contain terms and conditions required pursuant to ch. 283, Stats., and
				  all rules promulgated pursuant to ch. 283, Stats.
(5) All draft permits prepared by the
				  department under this section shall be accompanied by a fact sheet if required
				  under ch. NR 201. The department shall provide public notice of the draft
				  permit and fact sheet, and opportunity for a public hearing under ch. NR 203
				  and ch. 283, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter III - Application for Water Quality Standards Variances › Section NR 200.20 - General

Current through June 24, 2024
(1) When the department issues, reissues or
				  modifies a permit to include a water quality based effluent limitation under s.
				  283.13(5),
				  Stats., the permittee may apply to the department for a variance from the water
				  quality standard used to derive the limitation.,
(2) In order to obtain a variance, a
				  permittee shall demonstrate, by the greater weight of credible evidence, that
				  attaining the water quality standard is not feasible because of one or more of
				  the following:
(a) Naturally occurring
				  pollutant concentrations prevent the attainment of the standard.
(b) Natural, ephemeral, intermittent or low
				  flow conditions or water levels prevent the attainment of the standard, unless
				  these conditions may be compensated for by the discharge of sufficient volume
				  of effluent discharges without violating water conservation
				  requirements.
(c) Human caused
				  conditions or sources of pollution prevent the attainment of the standard and
				  cannot be remedied or would cause more environmental damage to correct than to
				  leave in place.
(d) Dams,
				  diversions or other types of hydrological modifications preclude the attainment
				  of the standard, and it is not feasible to restore the water body to its
				  original condition or to operate the modification in a way that would result in
				  the attainment of the standard.
(e)
				  Physical conditions related to the natural features of the water body, such as
				  the lack of proper substrate, cover, flow, depth, pools, riffles, and the like,
				  unrelated to water quality, preclude attainment of aquatic life protection
				  uses.
(f) The standard, as applied
				  to the permittee, will cause substantial and widespread adverse social and
				  economic impacts in the area where the permittee is located.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter III - Application for Water Quality Standards Variances › Section NR 200.21 - Time deadline for filing variance requests

Current through June 24, 2024
(1) Applications. A
				  permittee who wishes to apply for a variance from a water quality based
				  effluent limitation shall submit an application for a variance within the time
				  period specified in s.
				  283.15(2) (am)
				  (1), Stats.
(2) Expedited variance. As an alternative to
				  sub. (1) , a permittee may apply for a variance as part of the application for
				  permit reissuance under s.
				  283.15(2)
				  (a), Stats. Any application for a variance
				  under s.
				  283.15,
				  Stats., shall comply with application requirements of s.
				  NR
				  200.20. The department may notify a permit applicant
				  before the permit application for reissuance is submitted that the permittee
				  may apply for a variance to the water quality based effluent limitations that
				  are likely to be included in the final permit or may seek renewal of a variance
				  that has already been granted.
Submittal of a variance application with the application
						for permit reissuance is the preferred method for
						submittal.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter III - Application for Water Quality Standards Variances › Section NR 200.23 - Signature of authorized representative

Current through June 24, 2024
Pursuant to s.
					 NR 205.07(1)
					 (g), a person submitting an application for a
					 variance shall include a signed statement by an authorized representative that
					 certifies to the accuracy of the information.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter III - Application for Water Quality Standards Variances › Section NR 200.24 - Application completeness

Current through June 24, 2024
When the department receives an application for a
					 variance:
(1) The department may
				  request additional information from the permittee within 30 days after
				  receiving the application. The permittee shall provide the additional
				  information within 30 days of receipt of the department's request. An
				  application is not complete until the additional information is provided to the
				  department.
(2) If the permittee
				  does not provide information as required under s.
				  NR
				  200.22 or sub. (1), the department shall deny the
				  application.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 200 - Application For Discharge Permits And Water Quality Standards Variances › Subchapter III - Application for Water Quality Standards Variances › Section NR 200.25 - Time periods for department action on applications

Current through June 24, 2024
The department shall adhere to the time deadlines specified
					 in s.
					 283.15,
					 Stats., in making determinations of application completeness and tentative and
					 final decisions on variance requests.
These time deadlines are as follows: (1) Public notice of
						receipt of an application for a variance within 30 days after receipt of the
						information specified in s.
						NR
						200.22 or
						200.24(1), if
						applicable. (2) Public notice of a tentative decision within 120 days after
						receipt of the information specified in s.
						NR
						200.22 or
						200.24(1), if
						applicable. (3) Final decision within 90 days after expiration of the 30-day
						public notice comment period under sub.
						(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 201 - Fact Sheet For WPDES Permits › Section NR 201.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to identify when the
				  department shall prepare a fact sheet for a draft Wisconsin Pollutant Discharge
				  Elimination System (WPDES) permit, and what information shall be included in
				  the fact sheet. The fact sheet describes the discharge to be permitted with a
				  brief explanation of the draft permit's effluent limits, monitoring
				  requirements, and other conditions. The department shall send a copy of the
				  fact sheet to the applicant and any interested person upon
				  request.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 201 - Fact Sheet For WPDES Permits › Section NR 201.02 - Applicability

Current through June 24, 2024
The department shall prepare a fact sheet for each discharge
				  for which it proposes to issue a WPDES individual permit under s.
				  283.31,
				  Stats., a storm water permit under s.
				  283.33,
				  Stats., or a general permit under s.
				  283.35, Stats. A
				  fact sheet does not need to be prepared for each facility that is granted
				  coverage under a general permit that covers a specific category of
				  discharge.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 201 - Fact Sheet For WPDES Permits › Section NR 201.03 - Contents of permit fact sheet

Current through June 24, 2024
The fact sheet shall include all of the following information
				  if applicable:
(1) The name and
				address of the applicant and facility location where the discharge
				occurs.
(2) A statement as to
				whether the discharge is in existence or is a proposed new discharge or new
				source.
(3) Justification for any
				waivers from permit application requirements that were granted.
(4) A brief description of the type of
				facility and activity resulting in the discharge that is described in the
				permit application and is subject to the permit requirements.
(5) A sketch or detailed description of the
				discharge outfall location with respect to the receiving water, surface water,
				or groundwater as applicable.
(6) A
				description of the type and quantity of discharges regulated under the permit
				shall include all of the following:
(a)
				Information about the wastewater sources and by-product solids, biosolids, or
				sludges.
(b) Treatment processes,
				storage facilities, and outfalls.
(c) The average daily discharge concentration
				and mass loading where appropriate of any pollutants subject to effluent
				limitations.
(d) The average daily
				flow in gallons or millions of gallons per day for continuous flows or the
				volume and frequency of batch discharges.
(e) The average monthly effluent temperatures
				for thermal discharge outfalls that may be subject to temperature
				limitations.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 202 - Wisconsin pollutant discharge elimination system report of industrial waste contribution to municipal or domestic treatment systems › Section NR 202.01 - Report of industrial waste discharge to municipal or domestic wastewater systems

Current through June 24, 2024
(1)
				APPLICABILITY. Persons who discharge pollutants into publicly or privately
				owned treatment works and who are subject to s.
				299.15,
				Stats., and rules promulgated thereunder in ch. NR 101, shall submit to the
				owner or operator of such works a report describing present discharges to such
				works and maximum discharge to such works based on a reasonably foreseeable
				projection of production increases, process modifications, or facility
				expansion during the next 5 years, in accordance with s.
				283.37(4),
				Stats.
(2) FORM AND CONTENT. The
				report form and content is as follows:
See Image
STANDARD FORM A-MUNICIPAL OR DOMESTIC WASTEWATER
				  DISCHARGERS
(Section IV, Industrial Waste Contribution to Municipal or
				  Domestic Systems)
Submit a description of each major industrial facility
				  discharging to the treatment system, using a separate Section IV for each
				  facility description. Indicate the 4 digit Standard Industrial Classification
				  (SIC) Code for the industry, the major product or raw material, the flow (in
				  thousand gallons per day), and the characteristics of the wastewater discharged
				  from the industrial facility into the treatment system. Consult Table III for
				  standard measures of products or raw materials. (see instructions)
See
								Image
See
								Image
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Section NR 203.01 - Definitions

Current through June 24, 2024
(1) "Department" means the department of
				natural resources.
(2) "General
				permit" means a permit for the discharge of pollutants issued by the department
				under s.
				283.35,
				Stats.
(3) "Permit" means a permit
				for the discharge of pollutants issued by the department pursuant to ch. 283,
				Stats.
(4) "Secretary" means the
				secretary of the department of natural resources.
(5) "US EPA" United States environmental
				protection agency.
(6) "WPDES"
				Wisconsin pollutant discharge elimination system.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Section NR 203.015 - Exceptions

Current through June 24, 2024
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:
(1) Correcting a typographical
				error.
(2) Requiring more frequent
				monitoring or reporting by the permittee.
(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.
(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.
(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.
(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.
(7) Incorporating into a permit a condition
				of a publicly owned treatment works pretreatment program that has been approved
				by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter I - Notices of Completed Permit Applications and Draft Permits › Section NR 203.03 - Notice of receipt of a completed permit application and draft permit to other government agencies

Current through June 24, 2024
(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.
(2) FORM. Form shall be the same as for
				  public notice in s.
				  NR
				  203.02(2).
(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.
(4)
				  NOTIFICATION. The following agencies shall be mailed government agency notices
				  as described above:
(a) US EPA.
(b) U.S. army corps of engineers, and U.S.
				  fish and wildlife service.
(c)
				  Other states potentially affected by the proposed discharge.
(d) The county and the city, town or village
				  where the proposed discharge is located.
(e) The regional planning commission of the
				  area where the proposed discharge is located.
(f) Any other agency or unit of government
				  interested in the proposed discharge.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.04 - Intent and scope

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.05 - Request for public informational hearing

Current through June 24, 2024
(1) DISCRETIONARY
				  HEARING. The department may schedule a public hearing on a proposed permit or
				  permit application if requested by:
(a) The
				  applicant.
(b) A state
				  agency.
(c) A federal agency other
				  than the US EPA.
(e) Fewer than 5
				  persons.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.06 - Notice of public informational hearing

Current through June 24, 2024
(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.
(2) CONTENT. The notice of a scheduled public
				  hearing shall contain the following:
(a) The
				  name, address, and phone number of the governmental unit conducting the
				  hearing.
(b) The name and address
				  of each applicant.
(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.
(d) A
				  brief statement that a public notice of a completed permit application has been
				  issued, including date of such issuance.
(e) Information regarding the date, time and
				  location of the hearing.
(f) The
				  purpose and statutory authority of the hearing.
(g) A concise statement of the issues raised
				  by the persons requesting the hearing.
(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.
(i) A statement that reasonable costs will be
				  charged for copies of all information excluding public notices and fact
				  sheets.
(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.
(k) Where
				  applicable, a statement that confidential information has been received that
				  may be used to determine some of the conditions of the permit.
(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.
(m) The date of the
				  notice.
(n) A brief description of
				  the nature of the hearing and the procedures to be used at the
				  hearing.
(o) Reference to the date
				  of previous public notices relating to the permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.07 - Location of public informational hearing

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.08 - Persons entitled to participate in public informational hearings

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.09 - Changes in time or place of hearing; adjournments

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.10 - Conduct of public informational hearings

Current through June 24, 2024
(1) NONCONTESTED
				  CASE. Public informational hearings held pursuant to this chapter are not
				  contested cases as defined in s.
				  227.01(3),
				  Stats.
(2) HEARING EXAMINER. Public
				  informational hearings held pursuant to this chapter shall be conducted by the
				  secretary or designee.
(3)
				  PROCEDURE.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter II - Public Informational Hearings › Section NR 203.11 - Transcripts

Current through June 24, 2024
(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.
(2) CORRECTIONS. Any person, within 7 days of
				  the date of mailing of the transcript, may file with the hearing examiner a
				  notice in writing, claimed errors contained therein. Corrections of claimed
				  errors shall be made at the discretion of the hearing examiner.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter III - Permit Actions › Section NR 203.12 - Final determination to issue or deny a discharge permit

Current through June 24, 2024
The department shall issue or deny any permit for a
					 discharge under ch. 283, Stats., and may modify any terms and conditions of a
					 draft permit based on consideration of required standards, the permit
					 application, statements by the public or by government agencies, and any other
					 pertinent information.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter III - Permit Actions › Section NR 203.13 - Notice of final determination to issue or deny a permit to discharge

Current through June 24, 2024
(1) FORM. The
				  notice of final determination under s.
				  NR
				  203.12 shall be in writing, with a title identifying
				  the subject of the notice and the number of the permit.
(2) CONTENT. The notice of final
				  determination shall contain the following information:
(a) The name, address, and phone number of
				  the governmental unit issuing the notice.
(b) The name and address of the applicant for
				  a permit, or the class or category of discharger covered by a general
				  permit.
(c) A brief description of
				  the activities or operations which result in the discharge described in the
				  proposed permit or permit application.
(d) The name of the waterway 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.
(e) The purpose and the
				  statutory authority for the permit.
(f) A statement of the final determination to
				  issue or deny a permit for the discharge described in the
				  application.
(g) A statement of any
				  significant changes which have been made from terms and conditions in the draft
				  permit. This statement shall contain all of the following:
1. A description and response to significant
				  comments on the draft permit.
2.
				  Explanation of the reasons for change between the draft and final
				  permit.
(h) The date of
				  permit issuance or denial if the permit is issued, the date it becomes
				  effective, and the length of the permit period.
(i) A brief description of the procedures
				  available for adjudicative review.
(j) The address and phone number where
				  interested persons may obtain further information and the department's response
				  to comments, and inspect and copy forms and related documents.
(k) A statement that reasonable costs will be
				  charged for copies of all information excluding public notices and fact
				  sheets.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter IV - Public Adjudicatory Hearings › Section NR 203.14 - Intent

Current through June 24, 2024
The purpose of this subchapter is to provide adequate
					 procedures to insure as broad a degree of public participation in
					 administrative adjudication of WPDES permits and their conditions as is
					 consistent with procedural due process to the parties involved in the
					 proceedings.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter IV - Public Adjudicatory Hearings › Section NR 203.15 - Applicability of subchapter

Current through June 24, 2024
(1) This subchapter
				  is applicable only to the review of the following:
(a) The denial, modification, suspension or
				  revocation of a WPDES permit pursuant to s.
				  283.31,
				  283.33,
				  283.35 or
				  283.53,
				  Stats.
(b) The reasonableness of or
				  necessity for any term or conditions of any issued or modified WPDES
				  permit.
(c) The establishment of a
				  proposed thermal effluent limitation pursuant to s.
				  283.17,
				  Stats.
(d) The establishment of any
				  proposed water quality related limitation pursuant to s.
				  283.15(1),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter IV - Public Adjudicatory Hearings › Section NR 203.16 - Who may petition; when

Current through June 24, 2024
(1) A review hearing pursuant to this
				  subchapter may be petitioned by any permit applicant, a permittee, a state
				  affected or to be affected by a discharge or 5 or more persons.
(2) The petition shall be filed within 60
				  days after notice of any action, which is reviewable under this section, is
				  issued by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter IV - Public Adjudicatory Hearings › Section NR 203.17 - Form of petition

Current through June 24, 2024
TO THE DEPARTMENT OF NATURAL RESOURCES:
The undersigned hereby petition(s) for a review of the
					 department's (proposed rule) (decision) entitled and dated , 2 . The specific
					 issue(s) requested to be reviewed (is) (are): The specific interest(s) of the
					 petitioner(s) (is) (are): . The reasons why a hearing is warranted are: .
					 Date
Signature(s)
Verification ____________________