Chapter NR 203

Register July 2010 No. 655

Chapter NR 203

WISCONSIN POLLUTANT DISCHARGE ELIMINATION SYSTEM
PUBLIC PARTICIPATION PROCEDURES

NR 203.01   Definitions.

NR 203.015   Exceptions.

Subchapter I — Notices of Completed Permit Applications and Draft Permits

NR 203.02   Public notice of receipt of a completed permit application and draft permit.

NR 203.03   Notice of receipt of a completed permit application and draft permit to other government agencies.

Subchapter II — Public Informational Hearings

NR 203.04   Intent and scope.

NR 203.05   Request for public informational hearing.

NR 203.06   Notice of public informational hearing.

NR 203.07   Location of public informational hearing.

NR 203.08   Persons entitled to participate in public informational hearings.

NR 203.09   Changes in time or place of hearing; adjournments.

NR 203.10   Conduct of public informational hearings.

NR 203.11   Transcripts.

Subchapter III — Permit Actions

NR 203.12   Final determination to issue or deny a discharge permit.

NR 203.13   Notice of final determination to issue or deny a permit to discharge.

NR 203.135   Modification, revocation and reissuance, or termination of permits.

NR 203.136   Causes for a modification, revocation and reissuance, or termination.

Subchapter IV — Public Adjudicatory Hearings

NR 203.14   Intent.

NR 203.15   Applicability of subchapter.

NR 203.16   Who may petition; when.

NR 203.17   Form of petition.

NR 203.18   Form of hearing notice; content.

NR 203.19   Location of hearing.

NR 203.20   Final decision.

Ch. NR 203 Note Note: Chapter NR 3 was renumbered ch. NR 203, effective 10-1-84.

NR 203.01 NR 203.01 Definitions.

NR 203.01(1) (1) “Department” means the department of natural resources.

NR 203.01(2) (2) “General permit” means a permit for the discharge of pollutants issued by the department under s. 283.35, Stats.

NR 203.01(3) (3) “Permit” means a permit for the discharge of pollutants issued by the department pursuant to ch. 283, Stats.

NR 203.01(4) (4) “Secretary” means the secretary of the department of natural resources.

NR 203.01(5) (5) “US EPA” United States environmental protection agency.

NR 203.01(6) (6) “WPDES” Wisconsin pollutant discharge elimination system.

NR 203.01 History History: Cr. Register, January, 1974, No. 217, eff. 2-1-74; renum. (4) and (5) to be (5) and (6), cr. (4), Register, September, 1984, No. 345, eff. 10-1-84; renum. (2), (4), (5) and (6) to be (4), (2), (6) and (5) and am. (5) and (6), Register, February, 1996, No. 482, eff. 3-1-96; correction in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491.

NR 203.015 NR 203.015 Exceptions. 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:

NR 203.015(1) (1) Correcting a typographical error.

NR 203.015(2) (2) Requiring more frequent monitoring or reporting by the permittee.

NR 203.015(3) (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.

NR 203.015(4) (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.

NR 203.015(5) (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.

NR 203.015(6) (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.

NR 203.015(7) (7) Incorporating into a permit a condition of a publicly owned treatment works pretreatment program that has been approved by the department.

NR 203.015 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, November, 1996, No. 491.

subch. I of ch. NR 203 Subchapter I — Notices of Completed Permit Applications and Draft Permits

NR 203.02 NR 203.02 Public notice of receipt of a completed permit application and draft permit.

NR 203.02(1) (1) Intent. Public notice of the receipt of a completed permit application and draft permit is intended to inform interested members of the public of a completed application, the tentative determination to issue or deny the permit as required in s. 283.39, Stats., and the public’s 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. Public notice procedures for the issuance of general permits are contained in s. NR 205.08.

NR 203.02(2) (2) Form. The public notice of receipt of a completed permit application and draft permit shall be in writing, with a title identifying the subject of the notice and the number of the permit.

NR 203.02(3) (3) Content. The notice of receipt of a completed permit application and draft permit shall contain all of the following information:

NR 203.02(3)(a) (a) The name and address of the applicant.

NR 203.02(3)(b) (b) A brief description of each applicant’s activities or operations which result in the discharge described in the application.

NR 203.02(3)(c) (c) The name of the waterway to which the discharge is made, a general description of the location of such discharge and a statement whether such discharge is a new or existing discharge.

NR 203.02(3)(d) (d) A statement of the tentative determination to issue or deny a permit for the discharge described in the application.

NR 203.02(3)(e) (e) A brief description of the procedures for reaching a final decision on the draft permit, including the 30-day period for public comment, and the 30-day period for requesting an informational public hearing or the hearing date and location if the department has already decided to hold a hearing. The availability of documents including the draft permit, fact sheet and other supporting information shall also be included in the notice.

NR 203.02(3)(f) (f) The name, address, phone number, and email of the contact person issuing the notice.

NR 203.02(3)(g) (g) The name, address, phone number, email, and Internet Web site where interested persons may obtain further information, request a copy of the draft permit, fact sheet, and inspect and copy forms and related documents.

NR 203.02(3)(h) (h) A statement that reasonable costs will be charged for copies of all information excluding public notices, permits, and fact sheets.

NR 203.02(3)(i) (i) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions for the permit.

NR 203.02(3)(j) (j) If applicable, the location of each sludge treatment works treating domestic sewage including those for “sludge only facilities,” the sludge use, the sludge disposal practices, and the location of each sludge use or disposal site known at the time of permit application.

NR 203.02(3)(k) (k) The requirements applicable to cooling water intake structures under 33 USC 1326 (b), and 40 CFR part 125, subparts I, and J.

NR 203.02(3)(L) (L) Information indicating where the completed permit application, draft permit, and fact sheet may be viewed on the department’s Internet Web site.

NR 203.02(3)(m) (m) If the applicant applied for a variance to a water quality standard, a statement regarding the tentative decision to approve or deny the variance. If the tentative decision is to grant the variance, the notice shall also specify which of the conditions specified in s. 283.15 (4) (a) 1. a. to e., Stats., were met, and shall also specify any effects of the variance on the designated use of the water body during the term of the permit.

NR 203.02 Note Note: A sludge use site includes a site for land application. Sludge disposal sites include surface disposal sites (not permitted in Wisconsin), landfills and incineration sites.

NR 203.02(4) (4) Notification. Procedures for providing public notice of a completed permit application shall include all of the following:

NR 203.02(4)(a) (a) Publication of the notice as a class 1 notice under ch. 985, Stats., in a newspaper of general circulation in the area affected by the discharge.

NR 203.02(4)(b) (b) Mailing the notice to the applicant, any user of a privately owned treatment works that was specifically identified in the permit application, and any person or group upon request.