NR 203.04NR 203.04 Intent and scope. 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. NR 203.04 HistoryHistory: Cr. Register, January 1974, No. 217, eff. 2-1-74; am. Register, September, 1984, No. 345, eff. 10-1-84; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491. NR 203.05NR 203.05 Request for public informational hearing. NR 203.05(1)(1) Discretionary hearing. The department may schedule a public hearing on a proposed permit or permit application if requested by: NR 203.05(2)(2) Mandatory hearing. The department shall schedule a public hearing on any permit if any of the following occur: NR 203.05(2)(d)(d) If the department determines that there is significant public interest in the permit application. NR 203.05(3)(3) Form of request or petition. Any request or petition for hearing filed pursuant to this section shall be in writing and dated. The request or petition for hearing shall indicate the number of the draft permit, the interest of the party filing the request or petition, the issues that the party desires to be considered at the hearing and the reason why a hearing is warranted. NR 203.05(4)(4) Timeliness of request or petition. No request or petition for hearing under this section shall be timely unless received by the department within 30 calendar days of the issuance of the public notice of the receipt of a completed permit application and draft permit. NR 203.05(5)(5) Filing address. All requests or petitions for a public informational hearing shall be served by delivery or mail addressed to the Department of Natural Resources, WPDES Permits, P.O. Box 7921, Madison, Wisconsin 53707-7921. NR 203.05 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (1) and (3), Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (c), (2) (a) and (5), Register, February, 1996, No. 482, eff. 3-1-96; CR 14-027: r. (1) (d), am. (1) (e), (2) (intro.), (3) to (5) Register July 2015 No. 715, eff. 8-1-15. NR 203.06NR 203.06 Notice of public informational hearing. NR 203.06(1)(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. NR 203.06(2)(2) Content. The notice of a scheduled public hearing shall contain the following: NR 203.06(2)(a)(a) The name, address, and phone number of the governmental unit conducting the hearing. NR 203.06(2)(c)(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. NR 203.06(2)(d)(d) A brief statement that a public notice of a completed permit application has been issued, including date of such issuance. NR 203.06(2)(e)(e) Information regarding the date, time and location of the hearing. NR 203.06(2)(g)(g) A concise statement of the issues raised by the persons requesting the hearing. NR 203.06(2)(h)(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. NR 203.06(2)(i)(i) A statement that reasonable costs will be charged for copies of all information excluding public notices and fact sheets. NR 203.06(2)(j)(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. NR 203.06(2)(k)(k) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions of the permit. NR 203.06(2)(L)(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. NR 203.06(2)(n)(n) A brief description of the nature of the hearing and the procedures to be used at the hearing. NR 203.06(2)(o)(o) Reference to the date of previous public notices relating to the permit. NR 203.06(3)(3) Circulation and notification. Circulation and notification shall be the same as for public notice in s. NR 203.02 and government notice in s. NR 203.03. NR 203.06 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1984, No. 345; am. (2) (L) and (3), Register, February, 1996, No. 482, eff. 3-1-96; CR 09-123: cr. (2) (o) Register July 2010 No. 655, eff. 8-1-10. NR 203.07NR 203.07 Location of public informational hearing. 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. NR 203.07 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74. NR 203.08NR 203.08 Persons entitled to participate in public informational hearings. 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. NR 203.08 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1984, No. 345; am. Register, February, 1996, No. 482, eff. 3-1-96. NR 203.09NR 203.09 Changes in time or place of hearing; adjournments. NR 203.09(1)(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. NR 203.09(2)(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. NR 203.09 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74. NR 203.10NR 203.10 Conduct of public informational hearings. NR 203.10(1)(1) Noncontested case. Public informational hearings held pursuant to this chapter are not contested cases as defined in s. 227.01 (3), Stats. NR 203.10(2)(2) Hearing examiner. Public informational hearings held pursuant to this chapter shall be conducted by the secretary or designee. NR 203.10(3)(a)(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. NR 203.10(3)(b)(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. NR 203.10(3)(c)(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. NR 203.10(3)(d)(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. NR 203.10(3)(e)(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. NR 203.10(3)(f)(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. NR 203.10(3)(g)(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. NR 203.10(3)(h)(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. NR 203.10(4)(4) Contempt. Contemptuous conduct at a hearing shall be grounds for exclusion from the hearing by the hearing examiner. NR 203.10(5)(5) Report of public participation. The hearing examiner shall make a written report of public participation during the hearing process. Copies of the report may be obtained at reasonable cost by request to the Bureau of Legal Services, P. O. Box 7921, Madison, Wisconsin 53707. NR 203.10 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (5), Register, September, 1984, No. 345, eff. 10-1-84; correction in (2) and (3) (f) made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1984, No. 345; am. (1), (3) (a), (b) and (g), Register, February, 1996, No. 482, eff. 3-1-96. NR 203.11(1)(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. NR 203.11(2)(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. NR 203.11 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74. NR 203.12NR 203.12 Final determination to issue or deny a discharge permit. 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. NR 203.13NR 203.13 Notice of final determination to issue or deny a permit to discharge. NR 203.13(1)(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. NR 203.13(2)(2) Content. The notice of final determination shall contain the following information: NR 203.13(2)(a)(a) The name, address, and phone number of the governmental unit issuing the notice. NR 203.13(2)(b)(b) The name and address of the applicant for a permit, or the class or category of discharger covered by a general permit. NR 203.13(2)(c)(c) A brief description of the activities or operations which result in the discharge described in the proposed permit or permit application. NR 203.13(2)(d)(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. NR 203.13(2)(f)(f) A statement of the final determination to issue or deny a permit for the discharge described in the application. NR 203.13(2)(g)(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: NR 203.13(2)(g)1.1. A description and response to significant comments on the draft permit. NR 203.13(2)(g)2.2. Explanation of the reasons for change between the draft and final permit. NR 203.13(2)(h)(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. NR 203.13(2)(i)(i) A brief description of the procedures available for adjudicative review. NR 203.13(2)(j)(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. NR 203.13(2)(k)(k) A statement that reasonable costs will be charged for copies of all information excluding public notices and fact sheets. NR 203.13(3)(3) Notification. The following persons and agencies shall be mailed notes of final determination as described in sub. (2): NR 203.13(3)(b)(b) All persons filling out appearance slips at the public informational hearing, or who submitted written comments with respect to issuance of the permit even if a public informational hearing was not held.
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administrativecode
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Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
administrativecode/NR 203.06(2)(i)
administrativecode/NR 203.06(2)(i)
section
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