Chapter ATCP 3

ATCP 3.03(2)(a)9. 9. Possible alternatives to the proposed action, including the alternative of taking no action. The statement shall include a detailed comparative analysis of the proposed action and the described alternatives. The analysis shall discuss and compare the relative environmental effects, costs, and benefits of each alternative, including economic and social costs and benefits where applicable.

ATCP 3.03(2)(b) (b) Summary and conclusions. Every environmental impact statement shall contain a brief written summary and conclusion, signed by the division administrator or the administrator’s designee. Based on the information set forth in the environmental impact statement pursuant to par. (a), the summary and conclusion shall review the environmental impact of the proposed action, discuss the relative benefits and costs of the available alternatives, and set forth the department’s conclusions.

ATCP 3.03(2)(c) (c) Generic statement; repeated or similar actions. A class of 2 or more actions, including repeated similar actions, may be covered by a single environmental impact statement of generalized form, provided that the actions are substantially similar in relevant respects, and have substantially similar effects on the human environment.

ATCP 3.03(3) (3) Draft statement; preparation, distribution, notice and comment.

ATCP 3.03(3)(a) (a) Preparation of draft statement. Before issuing an environmental impact statement on a proposed action, the department shall prepare a draft statement for review and comment by interested persons and agencies. Before preparing the draft statement, the department shall consult with other agencies having jurisdiction or expertise in the subject matter, and with other affected persons as appropriate, to help determine:

ATCP 3.03(3)(a)1. 1. The proposed scope of the draft statement, and the matters and issues to be addressed;

ATCP 3.03(3)(a)2. 2. The maximum length of the draft statement, and the amount of discussion to be devoted to each issue;

ATCP 3.03(3)(a)3. 3. Possibilities for the elimination of unnecessary, repetitious or irrelevant material;

ATCP 3.03(3)(a)4. 4. The respective responsibilities of cooperating agencies in the preparation of any joint draft statement; and

ATCP 3.03(3)(a)5. 5. A proposed timetable for completing the draft statement.

ATCP 3.03(3)(b) (b) Distribution of draft statement. Copies of draft environmental impact statements shall be distributed, upon completion, to:

ATCP 3.03(3)(b)1. 1. The governor.

ATCP 3.03(3)(b)2. 2. The department of natural resources, and other state or federal agencies having jurisdiction or special expertise in the subject matter of the proposed action.

ATCP 3.03(3)(b)3. 3. Local government units, including county and regional planning agencies, which are directly affected by the proposed action.

ATCP 3.03(3)(b)4. 4. Public libraries in areas directly affected by the proposed action, if the action is of a local or regional nature.

ATCP 3.03(3)(b)5. 5. Department regional offices in areas affected by the proposed action, including actions of a statewide nature.

ATCP 3.03(3)(b)6. 6. The person, if any, whose application for a license, permit or other individual authorization from the department resulted in the need for the environmental impact statement.

ATCP 3.03(3)(b)7. 7. Any individual or group requesting a copy. A charge may be assessed to cover reproduction and handling costs.

ATCP 3.03(3)(c) (c) Invitation to comment on draft statement; distribution of notice. The department shall invite comment on draft environmental impact statements by distributing notice, in the form provided under par. (d), to:

ATCP 3.03(3)(c)1. 1. Persons and agencies receiving copies of the draft statement pursuant to par. (b);

ATCP 3.03(3)(c)2. 2. Interested persons and agencies who have specifically requested notice; and

ATCP 3.03(3)(c)3. 3. News media serving the area affected by the proposed action.

ATCP 3.03(3)(d) (d) Contents of notice. The notice distributed under par. (c) shall include:

ATCP 3.03(3)(d)1. 1. A brief description of the proposed action, and a request for public comment on the draft environmental impact statement pertaining to the proposed action.

ATCP 3.03(3)(d)2. 2. Instructions on how interested persons may obtain or examine a copy of the draft statement.

ATCP 3.03(3)(d)3. 3. A specified comment period during which comments on the draft statement will be accepted by the department. The comment period shall extend for 45 days after the date on which notice is issued by the department, unless a shorter or longer time period is specified by the department.

ATCP 3.03(3)(d)4. 4. The date, time and location of any public hearing scheduled in connection with the proposed action, if known.

ATCP 3.03(4) (4) Final statement and action. A final environmental impact statement shall be prepared by the department following the receipt of comments on the draft statement. Copies of the final statement, or changes from the draft statement, shall be distributed to all persons and agencies who received or commented on the draft statement. Except where the department determines that an earlier decision is necessary, no final decision on the proposed action shall be made earlier than 30 days after the issuance of the final statement, or 90 days after the issuance of the draft statement, whichever occurs later.

ATCP 3.03 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.04 ATCP 3.04 Public hearing on proposed action.

ATCP 3.04(1) (1) General hearing requirement; exceptions. Whenever the department determines that a proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., it shall hold a public hearing on the proposed action prior to making a final decision to proceed with the action, as required by s. 1.11 (2) (d), Stats. A public hearing held pursuant to another statutory requirement fulfills the hearing requirement under this section. This subsection does not apply to proposals for legislation, or emergency actions taken in compliance with s. ATCP 3.03 (1) (b) and other applicable laws.

ATCP 3.04(2) (2) Notice of hearing. Hearings under sub. (1) shall be preceded by notice published in the form of a class 1 notice under ch. 985, Stats., at least 10 days prior to the date of hearing. Notice under this subsection may be included in a hearing notice required by another statute.

ATCP 3.04(3) (3) Form of hearings; hearing record; cross-examination in contested cases.

ATCP 3.04(3)(a) (a) Hearings on proposed actions shall be conducted in the manner of rulemaking hearings under s. 227.18, Stats., except as otherwise provided by law. Hearings shall be held, to the extent feasible, in the area affected by the proposed action.

ATCP 3.04(3)(b) (b) Whenever an environmental impact statement is prepared in connection with a proposed action, a copy of the environmental impact statement shall be admitted into the record in hearings held under this section. Whenever an environmental impact statement is admitted into the record in a contested case hearing, persons preparing or submitting information for the environmental impact statement may be required to respond to cross-examination by parties to the case, pursuant to s. 227.45 (6), Stats.

ATCP 3.04(3)(c) (c) Persons claiming to be adversely affected by a department action, other than a rulemaking action or proposal for legislation, may petition the department for a contested case hearing on the department action under s. 227.42, Stats. The department shall afford a contested case hearing in response to a petition if the requirements of s. 227.42, Stats., are met. The department may order the consolidation of contested case proceedings as the department deems appropriate. Parties to a contested case hearing shall be afforded the opportunity for cross-examination and discovery, to the extent provided under s. 227.45, Stats., and ch. ATCP 1. This paragraph does not limit any other right to a contested case hearing to which a person may be entitled by law; nor does it limit any discretion which the department may have to afford a contested case hearing not required by law.

ATCP 3.04 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.05 ATCP 3.05 Information required by department. Persons requesting department action in the form of a license, permit, or other individual authorization from the department may be required to submit information, if reasonably needed by the department, for the preparation of any environmental assessment or environmental impact statement made necessary by the requested action. Information shall be submitted in the form requested by the department. The furnishing of information under this section shall be a condition to the issuance of the requested license, permit, or authorization. The department shall exercise its independent judgment when preparing the required environmental assessment or environmental impact statement. The department may use or discount information provided by the applicant or any other person, based on the department’s assessment of the reliability of the information.

ATCP 3.05 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.06 ATCP 3.06 Availability of documents; filing. All environmental assessments, and all draft and final environmental impact statements shall be kept on permanent file and be available for public inspection and copying at the department, except as otherwise provided under subch. II of ch. 19, Stats. The department may, in its discretion, charge a reasonable fee to cover the cost of any requested copying or distribution.

ATCP 3.06 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

ATCP 3.07 ATCP 3.07 Authority. This chapter is adopted under authority of ss. 227.11 and 93.07 (1), Stats., and interprets s. 1.11, Stats.

ATCP 3.07 History History: Cr. Register, November, 1986, No. 371, eff. 12-1-86.

subch. II of ch. ATCP 3 Subchapter II — Licensing

ATCP 3.10 ATCP 3.10 Definitions. In this subchapter:

ATCP 3.10(1) (1) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 3.10(2) (2) “License” means any permit, certificate, registration or license issued by the department.

ATCP 3.10 Note Note: See s. 93.06 (1n) and (7), Stats.

ATCP 3.10 History History: CR 08-075: cr. Register April 2009 No. 640, eff. 5-1-09.

ATCP 3.11 ATCP 3.11 Licenses; electronic processing fees. The department may charge a processing fee of $3 for each transaction under s. 93.06 (1n), Stats., to cover the department’s electronic processing costs. The fees under this section are in addition to any other fees required to be paid to the department.

ATCP 3.11 Note Note: See s. 93.06 (1n) (c), Stats.

ATCP 3.11 History History: CR 08-075: cr. Register April 2009 No. 640, eff. 5-1-09.