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 203.135 - Modification, revocation and reissuance, or termination of permits

Current through June 24, 2024
(1)
				  GENERAL. The department may modify, revoke and reissue, or terminate a permit
				  upon request of any interested person, including the permittee, or upon the
				  department's initiative. Permits may only be modified, revoked and reissued, or
				  terminated for one of the causes listed in s.
				  NR
				  203.136. If cause exists, the department may request
				  an updated application if necessary.
(2) NOTIFICATION. Whenever, on the basis of
				  any information available to it, the department finds that there is cause under
				  s.
				  NR
				  203.136 for modifying, revoking and reissuing, or
				  terminating a permit, in whole or in part, the department shall notify the
				  permittee by certified mail or personal service of its intended permit action.
				  However, if the department proposes to modify a permit to authorize a
				  substantial change to a nutrient management plan of a concentrated animal
				  feeding operation, the department may notify the permittee by email. When
				  notifying the permittee of a proposal to modify, revoke and reissue, or
				  terminate the department shall specify the information upon which the
				  department relies, and if the department intends to modify the permit, shall
				  explain the modifications which the department intends to make in the
				  permit.
(3) REQUESTS. Permits may
				  be modified, revoked and reissued, or terminated at the request of any
				  interested person, including the permittee. All requests for a modification,
				  revocation and reissuance, or termination by a permittee or interested person
				  shall be in writing and shall contain facts or reasons supporting the
				  request.
(4) DENIAL. If the
				  department decides the request is not justified, the department shall send the
				  requester a brief written response giving a reason for the decision. Denials of
				  requests for modification, revocation and reissuance, or termination are not
				  subject to public notice, comment, informational hearings or adjudicatory
				  hearings under s.
				  283.63,
				  Stats.
(5) PERMIT ACTION
				  PROCEDURES.
(a) If the department tentatively
				  decides to modify or revoke and reissue a permit the department shall prepare a
				  draft permit under s.
				  NR
				  200.11 incorporating the proposed changes. For a
				  permit modification, the department may request additional information and may
				  require the submission of an updated application. For revoked and reissued
				  permits, the department shall require the submission of a new application. The
				  department shall follow the public notice, comment and hearing procedures in
				  ch. NR 203 with respect to its intention to modify, or revoke and reissue a
				  permit, except as otherwise provided in this section.
(b) In a permit modification only those
				  conditions to be modified shall be reopened when a new draft permit is
				  prepared. All other aspects of the existing permit shall remain in effect for
				  the duration of the existing permit. When a permit is revoked and reissued, the
				  entire permit is reopened just as if the permit had expired and was being
				  reissued for a new term. During any revocation and reissuance proceeding the
				  permittee shall comply with all conditions of the existing permit until a new
				  final permit is reissued.
(c) Minor
				  modifications that qualify for a procedural exemption under s.
				  NR
				  203.015 are not subject to the requirements of this
				  section, and the permit may be modified without a draft permit or public
				  review.