subch. II of ch. NR 203Subchapter II — Public Informational Hearings
NR 203.04NR 203.04Intent 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 203.05Request 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(1)(a)(a) The applicant.
NR 203.05(1)(b)(b) A state agency.
NR 203.05(1)(c)(c) A federal agency other than the US EPA.
NR 203.05(1)(e)(e) Fewer than 5 persons.
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)(a)(a) If requested by the US EPA.
NR 203.05(2)(b)(b) If requested by any state affected by the discharge.
NR 203.05(2)(c)(c) Upon receipt of a petition signed by 5 or more persons.
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 203.06Notice 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)(b)(b) The name and address of each applicant.
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)(f)(f) The purpose and statutory authority 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.