Section 107.05. Issuance of permit.

 

(1)  The department shall issue or deny issuance of the requested permit between 10 and 15 working days after receipt of an acceptable application, unless:

(a) An environmental impact report or statement is required under s. 1.11 , Stats. Notification to the applicant shall be in writing within 10 working days of receipt of the application and no action may be taken until the report or statement has been completed; or

(b) A public hearing has been granted under s. 227.42 , Stats.

(2)  If a request for a public hearing is received after the permit is issued but prior to the actual treatment allowed by the permit, the department is not required to, but may, suspend the permit because of the request for public hearing.

(3)  The department may deny issuance of the requested permit if:

(a) The proposed chemical is not labeled and registered for the intended use by the United States environmental protection agency and both labeled and registered by a firm licensed as a pesticide manufacturer and labeler with the Wisconsin department of agriculture, trade and consumer protection;

(b) The proposed chemical does not have a current department aquatic chemical fact sheet;

(c) The department determines the proposed treatment will not provide nuisance relief, or will place unreasonable restrictions on existing water uses;

(d) The department determines the proposed treatment will result in a hazard to humans, animals or other nontarget organisms;

(e) The department determines the proposed treatment will result in a significant adverse effect on the body of water;

(f) The proposed chemical application is for waters beyond 150 feet from shore except where approval is given by the department to maintain navigation channels, piers or other facilities used by organizations or the public including commercial facilities;

(g) The proposed chemical applications, other than those conducted by the department pursuant to ss. 29.421 and 29.424 , Stats., will significantly injure fish, fish eggs, fish larvae, essential fish food organisms or wildlife, either directly or through habitat destruction;

(h) The proposed chemical application is in a location known to have endangered or threatened species as specified pursuant to s. 29.604 , Stats., and as determined by the department;

(i) The proposed chemical application is in locations identified by the department as sensitive areas, except when the applicant demonstrates to the satisfaction of the department that treatments can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.

1. Sensitive areas are areas of aquatic vegetation identified by the department as offering critical or unique fish and wildlife habitat, including seasonal or lifestage requirements, or offering water quality or erosion control benefits to the body of water.

2. The department shall notify any affected property owners' association, inland lake district, and riparian property owner of locations identified as sensitive areas.

(4)  New applications will be reviewed with consideration given to the cumulative effect of applications already approved for the body of water.

(5)  The department may approve the application in whole or in part consistent with the provisions of subs. (3) (a) through (i) and (4) . Denials shall be in writing stating reasons for the denial.

(6)  Permits may be issued for one treatment season only.

History: Cr. Register, February, 1989, No. 398 , eff. 3-1-89; corrections in (3) (g) and (h) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540 .