NR 203.136(1)(n)(n) Unable to achieve effluent limitation. Where the permittee has installed a treatment technology considered by the permit writer in setting effluent limitations, and where the permittee has properly operated and maintained its treatment facilities, but nevertheless has been unable to achieve compliance with those effluent limitations, the department may modify the limitations to reflect the level of pollutant control actually achieved, but in no case be less stringent than a subsequently promulgated effluent limitations guideline. NR 203.136(1)(o)(o) Land application plans. When required by a permit condition to incorporate a land application plan for beneficial reuse for sewage sludge or other biosolids, to revise an existing land application plan or to add a land application. NR 203.136(1)(p)(p) Transfer of permit. To reflect a change in ownership or operator of a permitted facility. A transfer of a permit to a new owner or operator is subject to all of the following procedures: NR 203.136(1)(p)1.1. A permit may only be transferred after notification of the department of the proposed new permittee. The modification request shall include the “Facility Information” section of the permit application or equivalent. NR 203.136(1)(p)2.2. The current permittee and proposed new permittee shall submit to the department a written agreement that specifies the date of transfer and acceptance of responsibility for compliance with the permit and liability for any violations. NR 203.136(1)(p)3.3. The modification is exempt from public notice procedures under s. NR 203.015, if the department determines no other change to the permit is necessary. NR 203.136(1)(q)(q) Other. One of the causes for termination in sub. (3) exists and the department determines that a modification is more appropriate than termination. NR 203.136(2)(2) Revocation and reissuance. The department may revoke and reissue a permit for any of the following causes: NR 203.136(2)(a)(a) For any of the causes for a modification listed in sub. (1) provided the permittee agrees to the revocation and reissuance. NR 203.136(2)(b)(b) Based on one of the causes for termination in sub. (3) if the department determines that a revocation and reissuance is the appropriate action to take. NR 203.136(3)(3) Termination. The department may terminate a permit, or deny an application for reissuance, for any of the following causes: NR 203.136(3)(a)(a) Substantial noncompliance by the permittee with any condition of a permit. NR 203.136(3)(b)(b) Failure by the permittee in the permit application or during the permit issuance process to fully disclose all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time. NR 203.136(3)(c)(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification, revocation and reissuance, or termination. NR 203.136(3)(d)(d) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge or sludge use or disposal practice regulated by the permit. NR 203.136 NoteNote: Refer to 40 CFR 122.62, 122.63, and 122.64 for federal regulations on the causes for a permit modification, revocation and reissuance, or termination. NR 203.136 HistoryHistory: CR 14-027: cr. Register July 2015 No. 715, eff. 8-1-15; correction in (1) (c) made under s. 35.17, Stats., Register July 2015 No. 715. NR 203.14NR 203.14 Intent. 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. NR 203.15NR 203.15 Applicability of subchapter. NR 203.15(1)(1) This subchapter is applicable only to the review of the following: NR 203.15(1)(b)(b) The reasonableness of or necessity for any term or conditions of any issued or modified WPDES permit. NR 203.15(1)(c)(c) The establishment of a proposed thermal effluent limitation pursuant to s. 283.17, Stats. NR 203.15(2)(2) If the hearing is a contested case pursuant to s. 227.01 (3), Stats., the rules in ch. NR 2, will be applicable to the extent that they are not in conflict with the specific procedures in this subchapter for WPDES adjudicatory hearings. NR 203.15 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (1) (a), Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (a), (b) and (2), Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register February 2021 No. 782. NR 203.16(1)(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. NR 203.16(2)(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. NR 203.16 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (2), Register, February, 1996, No. 482, eff. 3-1-96. 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 ________________
NR 203.17 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74. NR 203.18NR 203.18 Form of hearing notice; content. NR 203.18(1)(1) Form of hearing notice. Notice of a scheduled public hearing shall be in writing, with a title identifying the subject of the notice and the number of the proposed rule, and the number of the subject permit or permit application. NR 203.18(2)(2) Content of hearing notice. The notice of a scheduled public hearing shall contain the following: NR 203.18(2)(a)(a) The name, address, and phone number of the governmental unit conducting the hearing. NR 203.18(2)(d)(d) If applicable, the name of the waterway to which the discharge is to be made, a general statement of the location of the proposed discharge, and a statement whether such discharge is a new or existing discharge. NR 203.18(2)(e)(e) Information regarding the date, time and location of the hearing. NR 203.18(2)(f)(f) If applicable, a brief statement that a public notice of a completed permit application had been issued, including date of issuance. NR 203.18(2)(g)(g) The address and phone number where interested persons may obtain further information, request a copy of each draft permit if applicable, request a copy of each fact sheet when applicable, request a copy of proposed rules when applicable and inspect and copy forms and related documents. NR 203.18(2)(i)(i) A statement that reasonable costs will be charged for copies of all information excluding public notices and fact sheets. NR 203.18(2)(j)(j) Where applicable, a statement that confidential information has been received and used to determine some of the conditions for the permit. NR 203.18(2)(L)(L) If it should be necessary to allow less than 30 days’ notice prior to a hearing, a statement of the reasons for such shorter time period. NR 203.18(2)(n)(n) A brief description of the nature of the hearing and the procedures to be used at the hearing. NR 203.18(3)(3) Circulation of notice. The notice of hearing shall be circulated pursuant to the provisions of ss. NR 203.02 (4) and 203.03 (4), at least 30 days prior to the hearing. If it is necessary to allow less than 30 days’ notice prior to a hearing, the hearing notice shall state the reasons for the shorter time period. NR 203.18 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74; am. (3), Register, September, 1984, No. 345, eff. 10-1-84; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1984, No. 345; am. (2) (d) and (f), (3), Register, February, 1996, No. 482, eff. 3-1-96. NR 203.19NR 203.19 Location of hearing. The location of the hearing shall be in conformance with s. NR 203.07. NR 203.19 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. NR 203.20NR 203.20 Final decision. The final decision on the issues raised by the petitioners shall be made within 90 days of the close of the hearing. NR 203.20 HistoryHistory: Cr. Register, January, 1974, No. 217, eff. 2-1-74.
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