Section 40.46. Supplementary review.

 

(1)   General.

(a) The department may conduct a supplementary review of a permit application under s. ATCP 40.12 or 40.28 if the department has reasonable grounds to conclude that the supplementary review is needed to determine compliance with this chapter. The department may require the applicant to submit information under this section that may be relevant to the supplementary review. The department may deny a permit application if the applicant fails to provide the information.

(b) In its supplementary review, the department may consider any information that the department considers relevant, including information provided by the applicant. The department may consider whether the information is accurate, relevant, material, reliable, properly documented, substantiated, scientifically valid, persuasive, consistent with generally accepted scientific knowledge, consistent with other reliable information, applicable under Wisconsin conditions, and applicable in light of recommended uses, use rates, and use directions.

(3)   Review period. The department shall complete a supplementary review under sub. (1) as soon as reasonably possible, and within 120 working days after the department receives all of the supplementary information requested under sub. (1) (a) .

(4)   Action following supplementary review. When the department completes its supplementary review, the department shall do one of the following:

(a) Issue the permit. The department may limit the time period for which the permit is effective, or impose other permit conditions that it deems necessary. If the department imposes permit conditions, the department shall give the applicant written notice of its reasons.

(b) Deny the permit. If the department denies the permit, the department shall give the applicant written notice of its reasons.

History: CR 04-140 : cr. Register September 2005 No. 597 , eff. 10-1-05.

Note

The department may request assistance from the University of Wisconsin, college of agriculture and life sciences in evaluating any substantiating evidence under this section. Microsoft Windows NT 6.1.7601 Service Pack 1